Clarification of Answer by
redhoss-ga
on
26 Oct 2004 09:31 PDT
I am glad to hear that what I found "sounds good" to you. I understand
that getting a document notarized in some countries might be a
problem. Since I don't know which country is in question, you might
read this:
http://travel.state.gov/law/notaries_abroad.html
Summary: The performance of the functions of a notary public abroad
for documents intended for use in the United States is governed
generally by multilateral and bilateral treaties, Federal law and
regulation and by the laws of the foreign country. Notarizing a
document outside the United States may be a violation of the laws of
the foreign country, unless the notarizing officer is specifically
authorized by local (foreign) law or applicable international treaty.
Recognition of Notarial Acts Performed Abroad in the United States:
The laws of states in the United States also make specific provision
for the recognition of documents executed outside the United States.
Most states have enacted legislation similar to the Uniform
Recognition of Acknowledgements Act, the Uniform Acknowledgments Act
and the Uniform Law on Notarials which recognize the admissibility of
documents executed outside the United States before an ambassador,
minister, consul general, consul, vice consul or consular agent of the
United States.
Extraterritorial Notaries: Within the United States a notary public is
authorized to perform notarial services within the jurisdiction
provided by a commission. Some states have enacted legislation which
provides for the performance of notarial functions outside of their
home states of commission-filing or licensure provided the documents
notarized are intended for filing or recording in the home states of
the notaries. A few states have enacted reciprocity laws which
authorize a notary from a neighboring state to act as a notary in
another state provided the neighboring state has adopted a reciprocity
provision. Finally, some states have enacted legislation authorizing
notaries to perform notarial functions outside the United States for
use in the United States. It should be noted that the laws of the
foreign country may not authorize the American notary to perform this
function, local law of the state in the United States notwithstanding.
Commissioners of Deeds: Various state statutes still in efffect in a
number of states authorize the Secretary of State in each such state
to appoint commissioners of deeds who can perform notarial acts
extraterritorially for use in that state. The commissioner of deeds
office evolved when the United States had few foreign-located consuls.
Judicial Sovereignty of Foreign Countries: Some nations view this
authority of commissioners as an infringement of their judicial
sovereignty. The United States recognizes the right of judicial
sovereignty of foreign governments based on customary international
law and practice; See, e.g., the Restatement (Third) of Foreign
Relations Law (1987).
Possible Repercussions of American Notaries or Other Persons
Notarizing Documents Abroad: Notarizing documents by a person not
empowered by treaty or local (foreign) law to perform such acts may
result in the arrest of a commissioner of deeds of American notary,
even through the act is authorized by the laws of the commissioner or
notary's home state. The Department of State is concerned that, in the
exercise of their powers, state commissioners of deeds or notaries
public may unknowingly violate the judicial sovereignty of a foreign
country by usurping the functions of duly authorized foreign
officials. All U.S. Foreign Service posts are therefore instructed to
advise the Department of State of the operation of any American
commissioners of deeds or notaries public in their consular districts.
Digital Signatures and Cybernotaries: The Department of State is aware
of developments in state law on the subject of digital signatures. The
Deparment has participated in the negotiation of international
agreements on the subject of electronic commerce and digital
signatures. This is an evolving area of the law and it is not the
intention of this discussion to address this topic directly.
Selected References:
Whiteman, Digest of International Law, Department of State, Vol. 7,
519, 521 (1965).
Hackworth, Digest of International Law, Department of State, Vol. II,
313, 314 (1944).
Closen & Richards, Notaries Public - Lost in Cyberspace, or Key
Business Professions of the Future?, 15 J. Marshall J. Computer &
Infor L. 703, 717-718 (1997).
Closen & Dixon, Notaries Public From the Time of the Roman Empire to
the United States Today, and Tomorrow, 68 N.D. L. Rev. 873, 874-75
(1992).
Closen & Richards, Cyberbusiness Needs Supernotaries, Nat'l L. J., August 25, 1997.
Questions: Contact the Office of American Citizens Services, Bureau of
Consular Affairs, Department of State, 2201 C Street, N.W.,
Washington, D.C. 20520, tel: (202) 647-5225.
This site is managed by the Bureau of Consular Affairs, U.S. Department of State.
External links to other Internet sites should not be construed as an
endorsement of the views contained therein.
I think that if you will contact Tracy at Officescape she will be able
to work with you and iron out any details that bother you.