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”.

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.

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”.

Double Up on your Fingerprint Submission

I do a lot of fingerprinting. Actually, I’m quite good at it having been taught the skill by one of New York City’s retired detectives. However, l ‘m not perfect – fingerprinting is not an exact science. There is always the possibility that the technician reviewing the card will find fault with it. Your best strategy is to always submit two cards, even when asked for one. Fingerprinting is a major service component at Kenneth A. Edelstein – along with notary related functions. My “kit” of fingerprinting supplies enables me to successfully process the “tough ones” with acceptance in 98% of my efforts.

My “redo or refund” guarantee is possibly unique in the field. Many offer a “redo” – with the requirement for you to travel to their distant office. It’s easy for them – time consuming and difficult for you. To reduce the possibility of rejection to the greatest extent possible; it is my practice to always prepare 2 cards for each target destination. As long as the equipment is “set up” and your fingers are inked – it’s a relatively quick procedure to process the additional card. There is another reason for the second card. You get better at being fingerprinted with the practice from doing the first card. In my experience the second card almost always has better “friction ridge” definition.

As a New York Mobile Notary Public – having fingerprinted thousands of persons; I know the importance of first time acceptance. Your license, immigration processing, or other need – is not something that you want delayed by a fingerprint card rejection. Always take the few moments necessary for the preparation of an additional card and submit both at the same time. Do not make the mistake of thinking you can “hold onto” the extra card for later use. The cards are dated when prepared and go “stale” based on various policies of the recipient of the cards.

The images are placed with great care after proper finger preparation. However, it is your responsibility to properly complete the card. Fingerprint cards must be completed using black ink and the name area requires the full middle name (if any) not just an initial. I can guarantee the quality of the actual fingerprints; but cannot be responsible for illegible handwriting used when filling in the detailed information required. Neat, clear, block letters is what works best – something that many are not used to doing. If they cannot read a portion of the card with certainty – it will surely be rejected for illegible handwriting. Lastly, many recipients send out cards with some preprinting or bar coding. An extra card (supplied by me) can always be bar coded, or stamped by the receiving agency; if that is the card they prefer to process.

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.

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 insight… 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 …

Is an Apostille issued for a specific country?

An Apostille is issued by the US Department of State, assuming a properly prepared set of documents; for use in any country signatory to Article 12 of The Hague. This section relates to the international use of personal documents. Thus, an Apostille is not issued for use only in Italy; the same Apostille bearing document can also be used in France. As a New York Mobile Notary Public I am often asked to obtain multiple copies of the Apostille for use in many countries. If you are permitted to show and keep the Apostille bearing document – you need only one; it’s good in all countries that accept an Apostille.

The same is true for the “Certification” – issued in lieu of an Apostille for nations that did not sign Article 12. A Certification that is good in China is also good in Canada. Sometimes the situation involves both signatory and non-signatory nations. Then it will be necessary to obtain an Apostille for the document and also obtain a Certification. You should determine in advance how many copies of each you will be required. Once in Europe, it will be impossible to obtain USA processing, as personal appearance before the notary is part of both the Apostille and Certification process.

Kenneth A. Edelstein has obtained hundreds of Apostille and Certification seals; frequently the same day. The process usually involves notarization of a signature. The only case where a signature is not required is the processing of official documents – birth, death, marriage and divorce documents are the most common. Although the Apostille or Certification is not specific to a country – often the need to have the document translated into a foreign language certainly is.

You should carefully consider how many copies of a document should receive “Apostille” processing. Just as a photocopy of a notarization is not also a notarization; a copy of an Apostille is generally useless. Only the original – in the case of those issued in New York State – with the raised gold seal are generally acceptable. The cost of processing many at once will generally be lower than many individual processing assignments given to an Apostille processing agent.

Your Legal Name and the Notary

Your legal name is exactly what is on your birth certificate – unless changed by a legal procedure. Sounds simple, but you would be surprised just how much trouble folks can get themselves into when they stray from their legal name. “But that is how I prefer to be known”, the client tells me when they sign “Billy Smith” rather than the “William Smith” that is on their drivers license. Sometimes the situation gets really ugly. “Billy” may be the name “on title” (due to a careless notary when the property was bought) – but a sharp notary (when it comes time to sell the property) – will not notarize “Billy”! There are procedures, using “Also Know As”, but they raise eyebrows during processing.

Middle names can be a big problem. As a New York Mobile Notary Public I often have the problem of “under ID” when notarizing. The document has the middle name or initial and the driver’s license lacks the middle name/initial. Technically, the client is in an “under ID” situation and has not proved the name on the document. The best and simplest policy is to use one format of your name in every case – consistently. Another name related problem is “stage names” – many of my clients are performers and often want to use their “stage name” on a legal document. “Sorry, but you are Arnold Green, not “The Amazing FlameEater” – I actually must remind them to use their real name.

Perhaps the strict notary laws affect my perspective. I am Kenneth A Edelstein and must sign exactly the name on my notary license. Furthermore, I must sign it exactly, (or nearly so), the way my signature is recorded on my Notary commission. Fortunately, as a notary, I am not required to have your actual signature match that 10 year old driver’s license signature. Being certain of your ID is all that is required. However, it is probably a good policy to try to maintain your signature’s format – to the extent possible.

There is one odd situation where an illegible “squiggle” is actually helpful! When the document calls for a middle initial/name and the “squiggle” is unreadable – then I ask “did you sign your full name – including middle name/initial?” A “yes” reply allows me to accept that “squiggle” as the full name. But, if the signature is clearly readable – and a portion “under the line” – is missing from the handwritten signature “over the line” – then I must ask you to resign with the complete name!

The Notarized Self Serving Affidavit

A self-serving affidavit basically says very little. It is a vehicle for making a small statement by an affiant. But, it can be a very useful tool both for the notary and the person making the statement. One of the simplest forms is “My signature is on this page.” The document is then signed and notarized. Actually, this is quite common when opening a foreign bank account. In order for me to notarize your signature – I must ask if the document you signed is “true”, thus you must say something – you can’t just sign a blank page and ask me to notarize it.

A more complex use of the self-serving affidavit is the “affidavit of copy.” This is used when you need to have a document notarized – but the person who signed it is not available. You make a copy of the document and basically state “under oath” that the copy is a true and complete copy of the original document. Then your statement as to the completeness of the copy can be notarized. That notarization can even be used to obtain an Apostille. Some limitations exist in New York. When Kenneth A Edelstein brings the document for Apostille processing – the document is checked to see that the person who made the copy is actually named as being the holder of the document.

Thus the “affidavit of copy” can be used to Apostille a copy of a phone bill you received. There is no other way, as the phone bill does not have a signature – a requirement for notarization. Why apostille a copy of a phone bill? It is often required as part of a package used to verify the residence address, typically when opening a foreign bank account. However, there are times when the original document – the actual phone bill you received must be used. In that case, a similar self serving affidavit – the “affidavit of receipt” – stating that you received the document is used.

As a New York Mobile Notary Public I process these and many variations of the self serving affidavit. They usually are simple statements of fact, and may or may not refer to related documents. Take care that the statements are absolutely truthful. A false statement on a notarized document is a serious matter and intentional falsehoods are a criminal offense – similar to perjury on the witness stand. Key point: a legal document need not be complex, but if you sign it – it must be truthful.

Your Marital Status – and the Notary

Everyone knows if they are married or single. Well, almost everyone as there can be legal actions “in progress” and the status is in flux. However, almost everyone knows their marital status. But as you will soon understand – Proving that status is quite another matter. As a New York Mobile Notary Public – the marital status of my client often has great bearing on the work that I do. “Jane Doe, a married woman” is common wording in matters related to deed transfers. Not to be sexist – I should add that “Tom Smith, a married man” is equally common. Being “on title” with a status of “married or single” is common requirement in many states.

When signing the deed, the property holder is often required to declare their marital status, as many states have automatic “spousal” rights in real estate transactions. This is fine for the named individual; however, as the notary – there is often a problem. When you sign “xxxx, a married person” – no problem. But, and it’s a big but, it is not OK in the notary section for me to say “before me appeared xxxx, a married person”! In the former, you are declaring your marital status, in the latter it is Kenneth A Edelstein who is declaring your marital status! And that makes a very important difference.

Now for a surprise: There is NO way for you to prove your marital status to me, the notary; or to anyone else! If you show me a marriage certificate dated yesterday – how do I know you were not divorced today? The reverse is also true. A divorce decree – even one dated today, does not mean you are single! You could have remarried hours ago! Thus for me the notary to notarize your name AND marital status is technically wrong. The proper procedure would be for me to strike out (with a single line) the marital status verbiage, and for me (only – as it is in the notary section) to initial the change.

In a related matter, I am commonly asked to notarize and apostille process a “statement of eligibility for marriage.” Most of my clients ask me to obtain an official document relating to that status. But, nobody can provide such a document. There is no official nationwide registry of marriages and divorces. What is most commonly done is that my client simply prepares an affidavit stating: “I am not married. I have never been married”. Or similar (always telling the total truth!) and I notarize their statement and subsequently obtain an Apostille for foreign use.