Monday, February 22, 2010

Can you Apostille this?

Kenneth A. Edelstein - New York Mobile Notary Public

As a general rule, anything that can be notarized can receive an Apostille.

However you must consider that the notary does the notarization; often at the client premises, while the Apostille is issue at the office of the Department of State. I have actually notarized a fish, honest. The angler wrote with magic marker on the side of the fish "I caught this fish" and I attached a "loose acknowledgement" with a staple to the tail. Thus, he had from Kenneth A. Edelstein a validly notarized fish! However, I would hesitate to bring the notarization bearing fish to the office of the State Department for an Apostille. I suggested he take a picture of the fish, which I notarized and then Apostille processed the photograph. He simply signed the back of the picture with his "I caught...." statement.

It is much more common to notarize paper documents. These vary from: copies of a passport, officially issued copies of a marriage license, to business contracts. Just about any document that can be signed can receive an Apostille after a valid notarization. After the notarization, which must be flawless, some jurisdictions require the notary's signature to be validated. I would not bring a fish to the municipal building to have my signature verified! Some documents contain a "notarization" when they are issued. In New York City, the "long form" of Birth, Death, and Marriage certificates are issued "notarized".

As a New York Mobile Notary Public, over the past decade, my experiences have varied from the routine to the extraordinary. I have obtained a single Apostille for a Power of Attorney for a lady's attorney in Italy to sell her villa. At the other extreme, I was instrumental in processing literally dozens of Apostille bearing forms, for several nations; relating to the sale of a supertanker. Many of these also required Embassy Legalization for the sale to proceed. That was a project! However, most clients have lesser needs - but to them the accuracy and speed are just as important. The key to a successful Apostille project is the foundational notarization - it must be perfect.

As a general rule it is best to obtain an Apostille, when state or county issued documents are involved; in the state where the documents were issued. It is possible to bypass this suggestion - but the Apostille obtained might not be acceptable at the point of use. You should discuss the actual ultimate use of the document with your notary. If the notary is not sure how you should proceed, your situation should be brought to an attorney. A notary is forbidden to give legal - "how shall I proceed" advice - and the additional skills of the attorney are worth the expense to be sure your plans are achieved.

Another Happy Camper: Apostille for use in FRANCE

Kenneth Edelstein is the best! I had a "catch -22"  that would have made Joseph Heller do somersaults... Ken found a way out through his tenaciousness, his competence, his knowledge, his insightfulness... what can I say but a humble "thank you" in front of this amazingly kind and thoughtful man... it doesn't hurt that on top of it all, he has a wonderfully dry and "New York" sense of humor!

Lots of best wishes and love to you and Sandy... will call you if you don't mind for that champagne when we come back in the summer...

Andi

PS  it goes without saying that if you come over to Paris we'll do the town together ...

 

Sunday, February 7, 2010

Fingerprinting vs. Police Department

NYC Notary Fingerprinting vs. Police Department

NYC Notary Fingerprinting vs. Police Department?

I fingerprint dozens of people each month in New York City. However, sometimes I must decline. It's not that I would not do a high quality job; it's that in some very rare circumstances I am not qualified. The recipient of the fingerprint cards "sets the rules" and there are some that mandate fingerprinting must be done "by a law enforcement officer". I am a certified, insured, and highly experienced fingerprinting technician, but I am not a law enforcement officer. As a New York Mobile Notary Public, I ask that you carefully read the instructions you received from the agency requesting the fingerprint cards. They set the rules. Fortunately, this requirement is very rare.

Obtaining Police Department fingerprinting can be quite a frustrating experience. They rarely are willing to make appointments. When an appointment is secured, it is common for the fingerprint officer to be "on police business" and no one knows when they will be returning. Some larger police stations will have an entry line with metal detectors; require you to remove your shoes, etc. It is common that cameras and communications equipment must be "checked" at the door - and are returned upon departure. Some Police Departments only do "live scan" and will not give you a set of inked prints. Often there are no chairs, and a long wait....

That is not how Kenneth A. Edelstein operates. The main difference is that I go to you at a time of your convenience; bringing all necessary equipment. On my web site there are several helpful suggestions to facilitate successful fingerprinting. The key ones are having the room slightly cool, good lighting, and a counter height midway between your waist and shoulder (more or less - it's not that critical). However, fingerprinting at an ankle height cocktail table is impossible. Equally impossible is obtaining good prints in a hot and humid kitchen where food is being boiled amid billowing clouds of steam!

Unlike the "in a hurry" Police personnel, I take the time for proper finger preparation. I will ask you to wash your hands thoroughly with soap and warm water. Next, I will apply a pre-fingerprinting finger preparation wipe of alcohol that removes any remaining moisture. I take the time to explain how you can assist me in obtaining the clearest prints possible. Lastly, my fingerprint cleaning wipes will remove all traces of ink and leave your hands spotless. I am one of the very few (I know of no other), but hesitate to say "the only one"; who fully guarantees acceptance of the cards. My guarantee gives you the choice of receiving a full immediate refund, or having me redo the job. Fingerprinting can be both convenient and a pleasant experience, call 917-864-3564 for more information.