Reviewing the Document

Reviewing the Document

It is not the job of the notary to verify the truthfulness or the accuracy of the document of the facts in the text of a document. However, the notary should quickly scan the document to extract important information (for example, the title and date of the document, the number of pages) to record in their notary journal.

If a notary public discovers that a document is fraudulent, the notary must refuse the notarization and report the attempted fraud to the relevant authorities.

Blank or Incomplete Documents

If there are blank spaces on a document, the notary public may not tell the signer what to write in the blank spaces. If the signer is unsure how to fill in the blanks, they should contact the agency that issued the document, the agency to which the document is being issued, or an attorney.

Photocopies and Faxes

A photocopy or fax may be notarized as long as the signature on the document is an original signature. This means that the photocopy or the fax itself must have been signed with an ink pen.

Signatures on a document presented for notarization must be signed with a handwritten, original signature. A photocopied or faxed signature may not be notarized.

Foreign Language Documents

Although a notary in New York is allowed to notarize documents written in a foreign language that they cannot read, it is best to refer the signer to a notary who reads and understands the foreign language.

If a notary chooses to notarize a document in a foreign language, the notary certificate must be in English or in a language that the notary can understand, and the signature must be written in a language that the notary is familiar with.

A notary must be able to communicate directly with the signer in a language that they both understand. A notary public should not rely on a translator or interpreter, since the translator may have a motive for misrepresenting certain facts to the signer and/or to the notary.

A notary public who performs a notarial act on a translation of a document can only do so if the translator signs a verification on oath or affirmation stating that the translation is accurate and complete. The notarized translation and verification must be attached to the document and comply with all other standards of the notarial act.

Real Estate Documents

Any notarized real estate document must be completely in English, including the notarial certificate and any authentication certificates. Proper names may be in a foreign language, as long as the letters used are English. A real-property conveyance document written in another language may only be recorded in New York if it is accompanied by a duly certified English-language translation.

Executing Wills

The New York Department of State warns notaries not to execute an acknowledgment certificate when asked to notarize a will, since an acknowledgment is not equivalent to an attestation clause.

Self-Proving Wills

A will can be made “self-proving” at the request of the testator (a person who has made a will) or after the testator’s death. A will is made into a self-proving will through the use of an affidavit, which states facts that establish the authenticity of the will, the validity of its execution, and the testator’s mental capacity and the time of its execution. Attesting witnesses to the will must sign and swear to the authenticity or truthfulness of the affidavit before a notary public.

Living Wills

Documents called “living wills” may be notarized. A living will is a written statement which concerns medical treatment in the event that the signer is unable to issue instructions on their own behalf.

Immigration Documents

Non-attorney notaries should never advise others on the subject of immigration, or help others prepare immigration documents. Per New York law, notaries who offer immigration advice may be prosecuted for the unauthorized practice of law (UPL).