Updated 11-15-22 with new Mississippi and Colorado information. While it’s possible to notarize a document written in a foreign language, it’s very important to take steps to ensure you aren’t being misled about the document’s content or the signer’s intentions before you proceed. Here are three important questions to ask before notarizing.
1. Can you communicate directly with the signer?
Even though English is not the primary language of many signers, as a Notary, you need to directly communicate with them to ensure they know what they are signing and are willing to sign. If the signer speaks English clearly enough to communicate directly with you, or you are fluent in the signer’s primary language, there’s no problem proceeding with the notarization. However, do not notarize if you can’t communicate directly — even if a third party offers to interpret — unless you are a Notary commissioned in Arizona or Mississippi which are the only states that allows an interpreter to translate a foreign language for a signer during a notarization. Colorado allows a qualified interpreter for notarizations involving hearing-impaired signers only, but the interpreter must have no beneficial interest in the notarization.
No other state authorizes use of an interpreter during a notarization.
2. Have you compared the customer's signature on the document to the signature on the ID?
A signature can be any symbol that is written or adopted by a person with intent to sign the document, and people do not always sign exactly the same way each time. However, it's still a reasonable practice for the Notary to compare the signature on the document to the signatures on the ID or in your Notary journal to make a layperson's determination that the signatures are reasonably similar.
3. Can you read and understand the notarial certificate wording?
The last question to ask is whether the certificate wording is in a language you read and understand. You should never use certificate wording you can’t read — you have no way to know what information you are affixing your signature and Notary seal to! If the certificate wording is in a language you don’t know, you must attach the appropriate English-language certificate wording for the act requested by the signer, otherwise do not proceed with the notarization.
If you do notarize a foreign-language document, it is a good practice to include any information that describes the document in your journal. For example, if the document has a title in English but the rest of the document is in a foreign language, you could note the title as part of your journal entry. If no descriptive information is available, you should at least indicate in the journal entry that the document was written in a foreign-language.