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Notary Bulletin

Hotline Tip: Can I Notarize Documents That Will Be Recorded In Another State?

NNA Hotline Tips For NotariesAs a Virginia Notary, am I able to notarize a document that will be recorded in another state, such as North Carolina? - L.U., Woodbridge, Virginia

A Virginia Notary may notarize documents that are recorded across state borders, as is true for notarizations performed in any state. It doesn’t matter where the documents will be filed, as long as the notarization you perform is within your jurisdiction and you follow the laws of the state where you are commissioned.

 

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call (888) 876-0827, Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST

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Sharon

15 Dec 2014

We are in NJ and have a document that needs to be signed by both an NJ and DE notary. Short of driving to DE (which is not an option) how can I get a Delaware notary to sign a document when I am in NJ? Thank you!

National Notary Association

15 Dec 2014

Hello Sharon, Delaware Notaries only have jurisdiction to notarize within their state's borders. If you wish to have your signature notarized by a Delaware Notary, you will need to travel to that state to have it done.

Rese

10 Dec 2014

I am a GA notary. Can I notarize a document in Alabama?

National Notary Association

10 Dec 2014

Hello Rese, No, Georgia Notaries only have jurisdiction to notarize within the boundaries of the state. (OCGA 45-17-9)

Pen

09 Dec 2014

Can my Uncle have a document notarized in NC? He needs a document stating he allows his ex wife to take his son out of the country to visit family for 2 weeks. He has recently moved back to NC from Nevada.

National Notary Association

10 Dec 2014

Hello Pen, Your uncle may certainly request a notarization in North Carolina, provided he appears before the Notary in person and meets all other requirements of NC notarial law. However, if your uncle is unsure whether a notarization would be accepted by the document's receiving agency for some reason, he would need to contact the receiving agency or consult with a qualified attorney for additional instructions.

Sharon

08 Dec 2014

I am a notary in the State of Minnesota, I have just moved to Georgia and need to notarize some paperwork for my employer here. Would that be a valid notarization?

National Notary Association

08 Dec 2014

Hello Sharon, Minnesota Notaries only have jurisdiction to notarize within the boundaries of Minnesota. You may not notarize documents while traveling in another state such as Georgia. If you have moved to Georgia, to continue serving as a Notary you will need to resign your MN commission and apply for a Georgia commission.

Cindy Joseph

05 Dec 2014

I am a New York State Notary and was asked to notarize a signature on an affidavit in Baltimore, MD. Can I notarize this affidavit?

National Notary Association

05 Dec 2014

Hello, Cindy. Yes, provided the signer personally appears before you and the notarization takes place within the borders of New York state, and all requirements under New York state law are met.

David Mantheiy

22 Nov 2014

Thank you so much for your prompt response. You've confirmed our position, which I will try to convey to our attorney.

David

21 Nov 2014

I have to sign a legal verification document for a case filed in West Virginia. My company is based in Pennsylvania and my employee who is a notary is registered in PA. The form itself had the WV county and State information filled out by our PA attorney. He has directed us to sign and notarize in PA but the document clearly says WV. We crossed it out, wrote in PA, and the attorney rejected it. Who is correct? I understand that the document has to be filed in court in the WV county, but I thought that the notary is notarizing my signature in the state where I sign it. The state is in the upper left with the S S designation, which I understand to be the County and State that I appear before the notary in. Am I wrong? Thank you.

National Notary Association

21 Nov 2014

Hello David, The venue on the Notary certificate wording indicates the location where the notarization takes place, not the location where the document is going to be filed. Pennsylvania Notaries only have jurisdiction to notarize within the borders of the state, not outside it. (57 PS 148) Falsely indicating that a notarization took place in a state you are not authorized to notarize in could result in disciplinary action by the PA Department of State, including a written reprimand, suspension of your commission or revocation of your commission. (57 PS 168)

TC

13 Nov 2014

Thank you, thank you, thank you. I had to tell 2 attorneys the same thing and they seem to think there is some precedent that a Florida Notary can go to the US Embassy/Consulate in Costa Rica and notarize. I disputed this with the attorney and he seemed to think I was wrong.

National Notary Association

14 Nov 2014

You're welcome. FS 117.01[1] states "Notaries public shall be appointed for 4 years and shall use and exercise the office of notary public within the boundaries of this state."

TC

13 Nov 2014

Can a Florida Notary notarize in Costa Rica?

National Notary Association

13 Nov 2014

Hello, No, a Florida Notary's jurisdiction is statewide only.

KC

10 Nov 2014

I am a New York State Notary, if I move to MA and surrender my commission in NYS, do I have to retake the exam in the new state to become Notary in that state?

National Notary Association

12 Nov 2014

Hello KC. Yes, that's correct-you will need to apply for a new Notary commission in Massachusetts if you wish to become a Notary after moving to that state.

OLIVIA LORENZO

06 Nov 2014

I just received my divorce papers from Florida and they need to be signed and notarized. I live in New Jersey and the papers states STATE OF FLORIDA....can a New Jersey Notary notarize it? Should'nt it state STATE OF NEW JERSEY?

National Notary Association

13 Nov 2014

Hello Olivia, The state entered in the venue portion of the notarial certificate should reflect the location where the notarization took place. For more information, please see this article: http://www.nationalnotary.org/notary-bulletin/blog/2014/11/out-of-state-document-notarization

john

03 Nov 2014

My LLC is in NY. I do a lot of my work in NE Pennsylvania. If I apply for a NY notary can I also notarize documents in Pennsylvania, or must I become a PA notary?

National Notary Association

03 Nov 2014

Hello John, A New York Notary only has jurisdiction within the borders of New York. To notarize in PA, you would need a Pennsylvania commission. PA Notary applicants must either be residents of the Commonwealth of Pennsylvania or be employed and maintain a physical business address within the Commonwealth.

Tanya

24 Oct 2014

I'm an Arizona Notary. Can I travel to California and notarize documents there? I was told yes by a lawyer who referenced Arizona statue 33-501. Thank you.

National Notary Association

24 Oct 2014

Hello Tanya, Arizona Notaries are only authorized to notarize documents within the boundaries of the state. (ARS 41-312). Also, page 14 of the Arizona Notary Public Handbook published by the Secretary of State's office says: "Arizona notaries public may only notarize documents within the state boundaries of Arizona." You can download and read a PDF copy here: http://www.azsos.gov/business_services/notary/Notary_Public_Reference_Manual.pdf

Natalie

16 Oct 2014

As an Indiana notary can I notarize documents in the state of Ohio?

National Notary Association

16 Oct 2014

Hello, No, an Indiana Notary may only notarize within the borders of the state.

Carlene

15 Oct 2014

can I notarize an affidavit for child care in the state of Texas

National Notary Association

15 Oct 2014

Yes, provided the notarization request meets all requirements of Texas law.

dana

08 Oct 2014

I'm a Florida notary and my best friend who is in Virginia needs a power of attorney notarized. .. Can I do it with my Florida stamp?

National Notary Association

09 Oct 2014

Hello Dana, Thanks for your question. You may notarize signatures on the document provided the notarization takes place in Florida, the signer appears in person before you for the notarization and the notarial act meets all requirements of Florida law. You may not travel to Virginia to notarize the document there.

Andrew Hwang

02 Oct 2014

My friend is a Notary in New Jersey. May he notarize a document that is to be recorded in New York?

National Notary Association

03 Oct 2014

Hello, A New Jersey Notary may notarize a document to be recorded in New York, provided the notarization takes place within the borders of New Jersey and all other requirements for notarization under New Jersey law are met.

Frances Rodriguez

26 Sep 2014

I'm a Notary in Texas. May I notarize a document for someone who lives in New Mexico?

National Notary Association

29 Sep 2014

Hello, Thanks for your question. Texas Notaries are authorized to notarize documents within the borders of the state. (GC 406.003). You would not be able to travel to New Mexico to perform the notarization, however, if the signer traveled to your state you could notarize the document in Texas, provided all other requirements of Texas notarial law are met.

nicole

17 Sep 2014

Im a notary in Texas and they are asking me to notarize an affidavit of gift of motor vehicle going to New Mexico can I notarize both the affidavit of donor and affidavit of recipient if they are both present of course. Its going from Texas to New Mexico.

National Notary Association

24 Sep 2014

Hello, Nicole, thanks for your question. We forwarded it to our Hotline team and here's their response: "As a Texas Notary Public you can notarize both of the signer's signatures, as long as they are both present. Make sure that the notarial wording on the document is correct and there is room to make a clear impression of your commission stamp. If there is no room for a clear impression of your stamp, then attach a loose certificate of the same notarial act. If there is incorrect notarial wording, then attach a loose certificate of the same notarial act. Only fill out the attached loose certificate, then sign, stamp and staple the certificate to the affidavit."

Donna

08 Sep 2014

I am a Nebraka notary, can I notarize a car title for Arizona when my friend comes here to Nebraska for a visit?

National Notary Association

08 Sep 2014

Hello Donna. Nebraska Notaries have jurisdiction to notarize documents within the borders of the state (RSN 64-101[2]). Provided the notarization takes place within the borders of Nebraska, the requested notarial act is one you are authorized to perform in Nebraska and all other requirements under Nebraska Notary law are met, you should be able to notarize the document.

Georgia Shumpert

04 Sep 2014

Can a North Carolina notary notarized legal documents to be filed in South Carolina

National Notary Association

05 Sep 2014

Hello Georgia, There should be no issues with notarizing the documents, provided they meet all requirements for notarization under North Carolina law. Thanks and have a great weekend.

Patrick

28 Aug 2014

I need to have a document notarized for a divorce in BC Canada, but I live in Virginia. Am I able to get a foreign document notarized by a VA Notary?

National Notary Association

28 Aug 2014

Hi Patrick. You should check with the document issuing agency in Canada to find out what type of notarial act is being requested. If it's an act a Virginia Notary can perform, then you should be able to have it notarized in Virginia. If the act is one that Virginia notarized aren't authorized to perform then you may need to contact a local Canadian consulate or embassy for assistance in having the document notarized.

Kyle

28 Aug 2014

If I am a notary in the State of Indiana and am asked to notarize a Wisconsin document for someone who is presenting a Wisconsin driver's license and, thus, presumed to be a resident of Wisconsin, can I notarize this document? The notarization would take place within the boundaries of the State of Indiana.

National Notary Association

28 Aug 2014

Hi Kyle. The Indiana Secretary of State's official Notary guide provides the following guidelines for identifying signers: "In the event a notary public does not know the person presenting the instrument for notarization, the notary should do the following: Ask the person for identification (driver's license), or Have another person identify the party requesting notarization. If neither option is available or satisfactory, the notary may ask the person to take an oath as to his/her identity. If these attempts at identification are unsuccessful, the notary may refuse service for his/her own protection." Since the notarization is taking place in Indiana and the guide lists a driver's license as an example of identification you can accept from a signer, you should be able to accept a Wisconsin driver's license as ID.

Hannah

28 Aug 2014

I am a minor planning on getting a tattoo with my mom in Florida. I need a underage (over 16) document notarized to get a tattoo even with my mom there. Can I have the document notarized in Ohio or does it need to be done in Florida?

National Notary Association

28 Aug 2014

Hello Hannah, Thanks for your question. We would recommend contacting either the issuing agency or the document recipient to confirm with them whether an out-of-state notarization on the document would be acceptable.

Anna

25 Aug 2014

Hi, I am a notary in Virginia but recently moved to New York. A friend here in NY needs needs a document notarized. Am I able to notarize a document in NY state although my commission is originated from Virginia? Any guidance is greatly appreciated.

National Notary Association

26 Aug 2014

Hello Anna, thank you for your question. First, are you still regularly employed in Virginia? Virginia only allows out-of-state residents to maintain a Notary commission if the Notary is regularly employed in Virginia. (COV 47.1-4) A nonresident Notary who ceases to be regularly employed in Virginia must surrender his or her commission. Second, is the document is paper or electronic and where is the document going to be used? Virginia Notaries may notarize a traditional paper document outside the state's borders only if the document is intended to be used in the Commonwealth of Virginia or by the U.S. federal government. Otherwise, a traditional paper document must be notarized within Virginia's borders. The Commonwealth of Virginia has separate rules for becoming an electronic Notary and notarizing electronic documents. For more information on Virginia eNotarizations, please see https://commonwealth.virginia.gov/official-documents/notary-commissions/.

Danisha Reed

31 Jul 2014

Hi I am a South Carolina Notary can I Notorize for the entire state of South Carolina.

National Notary Association

31 Jul 2014

Hi Danisha, thank you for your question. South Carolina Notaries have statewide jurisdiction, so you may notarize anywhere within the state's borders. Have a great day.

Whitney

30 Jul 2014

I am a notary in New York. My cousin lives in Florida. He asked if I can notarize his marriage license. Can I?

National Notary Association

31 Jul 2014

Hello Whitney, Thank you for your question. You didn't specify what kind of notarization your cousin is asking for, but there are a couple of possible issues based on the situation you describe. First, if your cousin wants a copy certification done, New York does not permit copy certification, either directly or by document custodian, for vital records such as birth, marriage and death certificates. Second, though some New York residents may qualify for a commission in Connecticut or New Jersey, a New York Notary does not have jurisdiction to notarize documents in the state of Florida. Any notarial act your cousin requested would have to be permitted and take place within New York's borders. Since it sounds like there may be additional complications regarding this request, I would suggest that you contact our Hotline counselors at hotline@nationalnotary.org with additional details and ask if they can provide further guidance for you. I hope this information helps you. Have a great day.

Denise Griffith

27 Jul 2014

I'm a notary in Massachusetts and a friend ends up in Connecticut at hospital waiting for emergency surgery but needs a proxy notarized...can I do it?

National Notary Association

28 Jul 2014

Hi Denise, thank you for your question. I'm sorry, but Massachusetts only permits its Notaries to notarize documents within the borders of the state-you may not travel to notarize a document in Connecticut. Your friend would have to ask a Connecticut Notary for assistance.

Brenda

21 Jul 2014

I am a Notary in South Carolina. May I notarize a document that is to be recorded in Virginia.

National Notary Association

22 Jul 2014

Hello Brenda, thank you for your question. As the hotline tip above states, it doesn’t matter where the documents will be filed, as long as the notarization you perform is within your jurisdiction and you follow the laws of the state where you are commissioned.

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