Why you need an Apostille

Why you need an Apostille

We all know what it means to have a document notarized. The notary, a sworn independent officer of the state verifies your signature and identity documents. The notary then proceeds to place the notary stamp and embosser on the document. At this point, your signature has been verified and your document is, after the notary oath, considered notarized. But, there is the reason for an Apostille: considered notarized by whom? If the stamp of the notary is unknown to the receiver of the document, it adds little value. I, Kenneth A Edelstein have notarized thousands of documents. Most are for use in the USA and my notary stamp + raised seal is all that is required for the document to be considered notarized.

It’s a very different case when the document leaves the USA. Foreign officials are not familiar with the notary stamps and seals of American notaries. They certainly would have an especially difficult time if verification of the notary’s commission and status were required. Add the possibility that the document is going to a non-English speaking country; the “good in the USA” notarization would be worthless. It might be viewed as a “tax stamp”. Clearly there is a need for a notarization to be recognized on a global scale. That is exactly the purpose of the Apostille.

The Apostille, a standard document added to a notarization provides a common format, and verbiage, for the global acceptance of notary functions. It’s not just for documents leaving the USA for France. It works both ways: an Apostille bearing document originating in France is accepted in the USA – exactly as if the signature had been notarized in Manhattan. The French government is “on record” as having authenticated the validity of the Parisian notary. There is no need to be able to research – or even read the notarization done in French.

As a New York Mobile Notary Public – I process and obtain Apostilles frequently. There are two formats, loosely referred to by the inclusive term: Apostille. The more common is the true “Apostille” – issued by and for signatory nations of Article 12 of The Hague Convention. This agreement is in place to facilitate the international flow of personal, compared to business documents.  For business documents, a more complex and costly procedure: Embassy / Consulate Legalization is often required. Non-signatory nations receive a “Certification” – often serving the same purpose, but sometimes not. Some non-signatory nations still require Legalization for personal documents such as: Birth Certificates, School Documents, Marriage Documents, etc.

Notarization is a Serious Process

It’s a popular misconception that Notarization is a trivial process. This paper will ignore the issue of improperly processed (by the notary) notarizations, and address the issue of what it really means to have your signature notarized. I http://kenneth-a-edelstein.com will work with the assumption that the notarization is done legally and properly. Speaking only for New York State, the notary is a Commissioned and sworn officer of the New York State Department of State. That means the notary has taken a legal oath to uphold, and follow, the laws of New York in discharging their duties. It is the responsibility of the notary to be aware of, and follow changing regulations and procedures.

As an “officer of the State”, the notary administers an oath to persons whose signatures they will notarize. There are several formats, but the concept is the same – you are “under oath” to tell the truth. But what if you are not telling the truth? When I ask “Do you acknowledge that this is your signature, that you understood and willfully signed this document, and that the statements are true and accurate to the best of your knowledge and belief”, it’s an official question. A positive reply allows me to add my credentials and signature to the document. Then the document is considered to have a notarized signature.

A false statement under oath to a notary public is exactly the same as a false statement in a courtroom after being sworn by the Bailiff of the Court. It is the crime of Perjury, lying under oath. As a http://newyorkmobilenotarypublic.com I pass no judgment on the content of the document – you are the one testifying as to your belief and understanding of the document’s truthfulness. My responsibility is to verify your identity, to a reasonable extent. A well forged driver’s license will fool many Police Officers in addition to fooling a notary public.

Thus, the notarized document is a sworn statement by the affiant who signed the document. Such documents are generally permitted to be presented in a court of law – without the need for the affiant to be present to identify and testify as to having signed the document. It is the impartial notary’s signature and seal that lends validity to the signature (not the content of the document). Consider carefully your response to the notary’s question when giving you the oath. You are “going on record” by your signature, it would be difficult later to say “I did not sign that”.

Protect Yourself from Shoddy Notarizations

I see it ever day. Shoddy “half” notarizations being done by notaries who either don’t know proper procedures or just wish to save themselves a moment of time. However, the damage such improper work can cause is hard to assess. I doubt if it’s a case of “don’t know” as all notaries in New York State are required to pass an exam to obtain their commission. You can find a copy of the notary law on my web site New York Mobile Notary Public probably worth reading if you have many documents notarized; or if your documents are important.

The most common partial notarization merely consists of the notary using their rubber stamp and signing the paper. That is NOT a notarization. To the untrained eye it looks like a notarization – but it certainly does not follow the requirements for a proper notarization. A properly notarized document has statements and signatures from BOTH you – and the notary. You need to make a statement, not just sign your name. The notary must also make a statement, in addition to signing the form.

It is also REQUIRED that the “venue” – the State and County where the notarization took place; be clearly stated on the document – usually at the top of the page (or above the notary stamp). This is one of the most frequently overlooked aspects of notarization. In addition to using the rubber stamp, the notary should emboss (use the raised seal) for any documents that might be going out of New York State. It’s a good practice for the notary to emboss every time.

The notary statement should include the date and the name of the affiant (the persons whose signature is being notarized) and the “type” of notarization service performed. Common types include the “acknowledgement” and the “sworn to and subscribed” formats. As a New York State notary, Kenneth A Edelstein is often asked to process documents that have already been notarized to obtain apostilles and certifications. That is usually when the flawed notarization is rejected – when it is examined by trained municipal employees. Sometimes the document can be easily redone – other times the holder of the document has a big problem.

How to make your Notary Crazy

There are many ways to make a notary crazy. This post departs from my usual “dry” factual entries, to, with a bit of humor; describe some of the situations that have substantially affected my brown hair to white hair ratio, favoring the latter. Money, time, and information seem central to creating a frustrating situation. “I just have 2 documents to notarize”, states my caller with a very sincere voice. I quote a price and arrive to find that in addition to the 2 documents there is a need to notarize the 57 copies! “But they’re just copies!” – sayeth the client. Now it’s time for a new fee discussion, and “out the window” with my carefully planned route / schedule. I always ask about the client’s ID – is it government issued with a photo? Then I arrive to find they have a Social Security card (no picture), and proudly present to me a photo ID from “Freddie’s Gym”.

As a New York Mobile Notary Public – with emphasis on the “mobile” – I get to go to interesting places. Client apartments can be rife with distractions: squalling kids, barking dogs, flying birds, jumping cats; and let me not forget to mention: nudists. One rugged client; on a cold and windy day, wanted to sign papers (a thick stack of loan documents) on a park bench. There is nothing like hearing the “clang” of the metal door sliding shut when you enter a prison or secured section of a mental hospital facility – they warn you: “Don’t lose your exit pass, without it you become a new resident”. One rush job, considering New York City traffic, required me to use my motorcycle – and notarize the documents using a clipboard on the gas tank of the bike.

Notaries are strongly forbidden, unless they are also attorneys, to “practice law”; which includes the creation of legal documents or giving legal advice. “But you know more about this stuff than I do – tell me how to word the contract”, is an all too common request. I explain my legal limitations and the client simply rewords the same request – several times. I offer services at all days and times. However, being human, I need to sleep sometimes. Receiving a casual question, at 4AM, causes another hair of Kenneth A. Edelstein to turn white. On my site I request “wee hour” calls are limited to genuine emergencies.

Misinformation can be the greatest cause of notary frustration. My client has a serious problem and a tight deadline. However, the meeting address is not accurate, and they are not answering the now presumed to be incorrect cell phone number. I have other work to do. An hour after the scheduled meeting they call – outraged that I did not honor my commitment to meet them. I explain that the carefully logged address does not exist, nor did they answer their cell. “Oh – that address was “where I was”, “not where I want to meet you” – and my cell number changed last week – can you get here in 10 minutes?

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Your old Vital Records are often useless

It happens two or three times a week.

My clients are positively stunned to discover that their Birth Certificate is useless for the processing they desire. That Birth Certificate is the one that Mom received so long ago. “But it’s the original – how can it be useless” is the most common lament. As a New York Mobile Notary Public I tell them what they need is a newly issued “Certified Copy”. “A copy? – but I have the original, certainly that is better than some copy”. Alas, but they are wrong – and there are several reasons for that reality.

Perhaps the major reason is the nature of their original certificate – issued so long ago. That was a time when photocopiers did not exist, identity theft had not been invented, and the need for information security was epitomized by storage in a safe deposit box. I use a Birth Certificate as an example here. But the same problem applies for many “old” records: Marriage, Divorce, School records, Death certificates and many others. They are just too easy to manipulate with modern computers; graphic software, photocopiers, and color printers. They are all products of our modern era, which did not exist when the documents were issued.

Certified copies, from the vaults keeping the original records are basically photocopies of the same document you have in your possession. However, they are certified with complex and hard to duplicate technology. I have seen “wavy” multicolored seals, embossing, watermarked paper, and other anti-forgery technology used when “certified copies” are issued by various municipal governmental entities. It is that “tamperproof” aspect that makes the newly issued “certified copy” acceptable for modern day use. The content will often be exactly the same as your treasured old original document, only the “packaging” changes.

Kenneth A. Edelstein strongly advises you to take an inventory of your “old” records and apply for modern versions – prior to any personal or “estate” need. The processing time for obtaining these documents can be lengthy. A sudden need, as when you have to show an “acceptable” Birth Certificate to board a cruise ship, is not the time to begin the application process. In my personal opinion, everyone should apply for and have a current passport – the gold standard for identification. That, with a certified copy of your Birth Certificate, again in my personal opinion, is the absolute minimum for personal documentation. However, they are just the starting point. You should review all of your “old” records and have a competent attorney advise you as to which documents should be upgraded to current versions.

You Need an Expert Notary

Why you need an Expert Notary

Think about it, there is practically no service or product that cannot be produced more cheaply, and be offered at a lower price. We all want to monitor our expenses. But sometimes a small savings initially, can result in a large penalty later down the road. I am a professional with the skills and equipment required to process properly, the first time, any situation. A significant part of my work as a New York Mobile Notary Public involves fixing the mistakes of others. Sometimes the mistake is by the notary, other times my client followed the wrong path. The perception of the notarization process is that it is simple and standardized; that is wrong.

Perhaps the worst possible situations are when the notarization is not valid, and the document falls; because it requires notarization. Almost as bad: is when the improper notarization is part of a chain of events, and the next step cannot be accomplished. To the untrained eye, the appearance of a notary stamp and signature – is a notarization. That is not the case, there are several other required components required to make a valid notarization. It seems OK, until a trained eye spots the defect – in a courtroom, at a municipal office, or by an opposing attorney.

On my web site, Kenneth A. Edelstein I describe the necessary components for a proper notarization. The most common faulty notarization is when there is not a prewritten notary section; and the notary only stamps and signs – omitting several state requirements. Even a perfectly executed notarization may be useless. There are many documents which require a far different process – then you signing; and having your signature notarized. One example is the very tightly regulated procedures for the processing of educational documents. In New York State, your signature cannot certify a copy of a transcript, degree, or diploma. The proper procedure is for the notary to verify the Registrar’s letter; on school stationary – which describes the document in detail.

There are many special cases, in addition to educational documents. Wills, Civil Affidavits; Birth, Death & Marriage Certificates – all require knowledge of proper notary procedures. The procedures are not especially complex or hard to follow. It’s just that when notarization is done as a sideline to a person’s main profession – they tend to not keep up with changing requirements. One client told me they reserve me for their important documents, and take the trivial documents to the notary at the bank. I often wonder how this person determines the trivial from the important. Generally, if it requires notarization – it’s probably important that it be processed correctly – the first time.

Foreign Languages and the Notary

"It's written in Bulgarian, can you notarize it?"

Sure, not a problem is my response. It is not the responsibility of the notary to be able to read the document. However, language issues do come into play in the notaries' profession. A distinction must be made between the language of the document and the language of the affiant, the one who will be signing the document. While the notary does not need to be able to read the document, the notary does need to be able to communicate with the affiant. It is the responsibility of the notary to give the "notary oath" to the person signing.

This is often a problem. It is not permissible to use a translator. Communication between the affiant and the notary must be direct. Furthermore, the notary must be certain that the affiant understands the gravity of the oath. Merely giving the oath and receiving the "yes" is not enough - I, Kenneth A. Edelstein am required to actually communicate the oath and be sure that it is understood. When speaking to the affiant - and finding that the notary and the affiant share a common language - usually English - the understanding is obvious. But, when the affiant does not speak the language of the notary there is no real direct communications.

The best solution is to find a notary that speaks the language of the person who will be signing the document. This, at times, can be nearly impossible, even in New York; where almost every language is spoken. However, there is a solution. The use of the "subscribing witness" procedure can sometimes solve the problem. In this scenario, it is the signatures of the "subscribing witnesses" that are notarized. They, in turn, are stating that they know the affiant, have seen the affiant sign the document, and it is their signatures that are notarized. Care should be taken to be sure that this form of notarization will be acceptable by the receiver of the document - as this is a very rarely used procedure. To complicate matters, some jurisdictions require that the subscribing witnesses be "personally" known to the notary - prior to the signing event.

As a New York Mobile Notary Public working in New York City, I have frequently been in mixed language situations. Not all are solvable. Direct notarization of the affiant's signature is one option for a document, there are others. Sometimes the more complex "Court Appointed Guardian" - who can legally sign "in place of" the affiant, is the way to go. The simpler "Power of Attorney" solution has the "how does that (the power of attorney itself) get signed" problem - and is often not the solution. As is often the case, situations that are beyond the skill and legal authority of a notary should be brought to an attorney for resolution and advice.

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