Notarization 101

Notarization 101 what you need to Know

I have often in my blog lamented partial notarizations, especially when the notary only stamps and signs the document. This installment from http://kenneth-a-edelstein.com will cover in detail the proper format for a notarization done in New York State. Procedures and rules will vary from state to state, but most of the essentials are probably the same. I will cover the format from the top down, as it should appear on the page. Minor variations are acceptable; the definitive rules from New York State are available on the Notary Laws and procedures page of my web site.

Generally at the beginning of the document is the Venue, it may also appear later at the start of the notary section. The venue tells the location where the notarization was performed. It has nothing to do with the property address, as in the case of a mortgage. It is “related” to the notary’s stamp – more on that later. The Venue usually consists of two lines. The first, for me, is “State of New York”, as I can only notarize in New York State. The second is “County of ____” – this is the county where the document was signed and the oath was given. Both entries are required and often overlooked. Next, generally, is the body of the document which may be a mortgage, power of attorney or affidavit. At the end of the body of the document is the signature of the affiant. It’s a best practice to have the name printed under the signature line.

After the body of the document is the “Notary Section” – the venue may be here if not at the start of the document. After the venue is the statement by the notary. It tells what type of service the notary provided. The two main services are “Sworn to and subscribed before me” and “This instrument was Acknowledged before me”. In the former, the notary is saying that (s)he actually witnessed the signature. In the latter, the notary is saying that (s)he asked the affiant if (s)he signed the document and received a positive reply. Of course, in both cases, the affiant is required to show positive identification. The notary should add the name of the affiant and the date to whichever format, described above, is used.

After the notary statement is the signature of the notary. There is usually an area for “My Commission expires __________”, whereby the notary states the end date of the current notary commission. In New York State, all entries by the notary are required to be in black ink. After the signature, the notary will stamp their information. That stamp has their name, the statement “Notary Public, State of New York”, their commission number, the county where the notary is qualified and their commission expiration date. It’s required for the notary to use an embosser when a document might be used in a Federal Court, a different state, out of the country, or is required by the Uniform Commercial Code. As a http://newyorkmobilenotarypublic.com I consider it a best practice to always emboss every notarization I perform.
 

Birth Certificate New York City

New York City has The Hardest Birth Certificate to Obtain

It would probably be easier to take bars of gold out of Fort Knox. For me, representing you as a New York Mobile Notary Public to quickly obtain your New York Birth Certificate requires your exacting attention to detail. First, and this must be very clearly understood: Only the “short form” that does Not qualify for an Apostille is delivered “over the counter”. The “long form” – the one with the Letter of Exemplification is Only sent by mail. I will relate the difficulty by retelling events that occurred today. The lady needed her NYC birth certificate in a hurry, or she would forfeit a prepaid vacation cruise.

I ask my clients to very carefully prepare a shipment to me with the necessary: signed application form, notarized permission form, signed copy of ID, and shipping information including phone number; required for the airbill. I always caution clients that all signatures must match exactly, repeat exactly, the signature that appears on the copy of ID. However, my client did not sign correctly on the notarized authorization and the application was refused. But only partially! I also ask for 2 “official documents” showing the client’s address. What qualifies are phone bills, electric bills, bank statements, etc. One of her document was over 60 days old and it was also rejected! It took a while – but she managed to FAX to the Bureau of Vital Records a new and more current document. Finally her Birth Certificate was printed and put in the pre-addressed FedEx envelope – but it would not be handed to me, they said they would ship it th at day.

Ken Edelstein has processed many requests for NYC Birth Certificates. But, none was from a more frantic and tearful client. She was literally sobbing at the initial rejection; and it took my Psychology background to calm her down, and get the project back on track. The Birth Certificate office is a very busy place – at all hours. Waits in line to get to the window are literally measured in hours. There is no shortcut if you need same day service. A practical alternative is the on-line service called Vital Check; but results don’t arrive for a few weeks. Note that Vital Check is the best alternative if Apostille processing is necessary. If you need the Letter of Exemplification, be sure to select “Apostille” when asked for the “use” or “purpose” of your request.

As your agent with your notarized letter of authorization, I face an extra processing delay. With the assumption that your signature on that document Exactly matches your signature on the copy of the ID you submitted; they do some additional checking. They then contact the licensing authority for the notary on your letter of authorization to verify that the signature and commission of the notary you used are valid! More delay, and much more time in a chaotic and noisy office with many people upset at the long wait; and some Really upset at having their application rejected. So, be forewarned – each and every item I mention for you to prepare is vital to the acceptance of the request I submit on your behalf. I try to “get it in hand” so I can ship it myself, but if all the paperwork is not perfect, especially your signature on the notarized form matching Exactly the signature on the copy of your photo ID – often the only option is to d epend on them to ship; and hope that they get it out the same day.

Apostille

Get the right Apostille

An Apostille is basically an addition to a notarized (or officially issued) document – to make the item acceptable in countries other than the country of issue. The Apostille bearing document is generally of a “personal” nature; as opposed to business documents. Personal documents include Birth, Death, Marriage, and Divorce certificates. Also considered personal are affidavits, statements of fact; created by individuals for various purposes. Business documents include, but are certainly not limited to: Statements of Incorporation, business contracts, and powers of attorney for business transactions. A personal power of attorney is generally considered a personal document. As a New York Mobile Notary Public – I process both types.

Personal documents for use outside the USA generally only require an Apostille. Business documents generally require Legalization at Consulate or Embassy. Article 12 of The Hague, regarding the international use of documents – is specifically for personal documents. That agreement among nations was intended to reduce the need for the more costly and time consuming Legalization procedure. However, often a step in the Legalization procedure is obtaining an Apostille prior to bringing the document to the Embassy or Consulate.

There are two “types” of Apostilles issued. For signatory nations to Article 12, the document issued is titled “Apostille”. For non-signatory nations; China and Canada are examples, the document issued is titled “Certification”. Both the “Apostille” and the “Certification” are loosely referred to as being an “Apostille”. They serve the same function precisely. However, the word “Apostille” at the top of the page is only intended for use in signatory nations. Signatory nations both issue and receive the “Apostille” at the top of the page. Non-signatory nations issue and receive the word “Certification” at the top of the page. It’s a minor technicality, but the proper format is necessary for acceptance by the target country of use.

Kenneth A Edelstein has obtained, over the past decade, thousands of each type. Now you understand why I must ask “What is the target country of use”. The Department of State – prior to issuing the “Apostille” asks the same question. Based on the answer, they look up the “signatory status” – and issue the appropriate format. Note that although there are two formats – each format is not tied to a specific country. An “Apostille” bearing document is acceptable in England or Italy; but not intended for use in Canada or China. The reverse is also true. A “Certification” bearing document is not intended for England or Italy; but is right for Canada or China. If you tell me the correct country of use; you may get an “Apostille”, or you may get a “Certification”. Both formats function in exactly the same manner.
 

Why me as your Mobile Notary Public

Why you do not need me as your Mobile Notary Public

You have a sense of adventure and a longing for travel. You like to visit banks and pharmacies hunting for the elusive Notary Public. Similar to a Postal Worker, neither wind, nor rain, nor gloom of night deters you from your quest. You know they are “out there” somewhere – and feel they eagerly await your arrival and documents. You have heard stories about how selective the bank’s notaries can be; having strict instructions from their employer about what to not process. Ever confident in your personal charm, you are certain that, no matter how many or what they are; the local notary once found is certain to process your documents.

You are aware there has to be a difference in the skills of a professional, such as the service provided by Kenneth A. Edelstein compared to a part time practitioner. However, you’re feeling lucky – and have confidence that the harried bank clerk or pharmacist will do what you need – correctly. As an alternative you are considering calling your sister’s cousin’s aunt. She was a notary many years ago, and perhaps she has maintained her commission and will graciously invite you over; you do recall that she made the most wonderful chocolate chip cookies. You’re not a very private person; it really does not matter to you that your notary co-worker learns about your plans for cryogenic storage, so you can be awakened sometime in the future when your ailment can be cured.

You have lots of time on your hands. Sure, it might take you an hour or two to actually find a notary; but you really don’t have anything better to do. Some exercise walking the streets will do you a world of good and you get a chance to see the neighborhood and meet the shopkeepers. Having a high tolerance for rejection, the constant deferrals: “The notary is not in now”, “This is not the best time”, “I don’t handle that type of document”, “It’s in Bulgarian – so I can’t notarize it”; are seen as challenges to overcome.

It’s a point of pride with you to get the absolute lowest price in every transaction. You have heard that the County Clerk’s in New York State notarize for free as a public service. The time and expense of using the subway, bus or car; are to be ignored. The same applies to the metal detector’s line, and the line for notary services. You are willing to go several times as you are aware they limit the quantity per person. The goal of lowest price is irresistible – you research becoming a notary and doing it for yourself; but become dismayed when you learn that such activity is illegal. Ignoring your cell minutes, you call three dozen mobile notary services – to find a free one. Eventually you find the New York Mobile Notary Public web site and learn about the pitfalls and dangers of improper notarizations. You begin to see the light and think about the ramificati ons of your document being processed improperly.