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Notary Voices: Foregin-Lanuage Signers

 


Foreign-Language Signers and Documents
Foreign languages create special concerns for notaries. When signers and documents are in a language the notary doesn't understand, it can be difficult or even impossible to perform the notarial act. While state laws provide little guidance on the matter, they may specify that only persons who can read and write English may be commissioned as notaries, or that only English-language documents may be accepted by a recorder. However, no law specifically prohibits a notary from serving a foreign-language speaker or notarizing a foreign-language document. In such cases, the notary must use a translator to interpret the document and the signer's statements. The translator must be a disinterested third party who can read and understand the language of the document and the signer. The notary must also be able to understand and communicate with the translator.

  • The issue with foreign-speaking signers is not the language spoken but the ability to communicate directly with the signer. Direct communication is essential for acknowledging a signature, reciting an oath or affirmation, or responding to a Notary's questions about identity. In some cases, the signer may be able to communicate in English, but not well enough to understand the legal significance of the document being notarized. In other cases, the signer may be unable to communicate in English at all. In either case, the notary must use an interpreter to ensure that the signer understands the document and the notary's questions.

Electronic Foreign Language Translators

I just got these earbuds and I love them!
They translate foreign languages in real-time
so you can understand what someone is saying
even if you don't speak the language. They're 
a must-have for any notary! —S. Ransom, MI


Video property of RNS& Steven Dwayne Ransom

If you have an insight or opinion on this topic, share your thoughts and experiences.

Disclosure: I am not licensed to practice law or give legal advice.
However, I can help you with a variety of notary services.



The information in this blog is not intended to be legal advice.
If you have a question about a specific notary law or regulation,
please consult an attorney in your state.

 

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