Don’t translate that document. I can notarize it!

As a California Notary Public, I have received several requests to notarize documents in a foreign language.  Meaning the document is drafted in a language other than English.  The question is often asked if the documents need to be translated into English before a Notary can notarize the document. And the answer is NO. The document does not need to be translated.

 The California Secretary of State office's guidance regarding this issue states:  

"A notary public can notarize a signature on a document written in a foreign language, whether or not they are familiar with the language, since a notary public's function only relates to the signature and not the contents of the document being notarized. However, a notary public must be able to communicate with the customer for the signer to swear or affirm the contents of an affidavit or to acknowledge the execution of a document, as well as to enable the notary public to obtain proper identification of the signer and to complete the required journal entries. An interpreter should not be used because vital information could be lost in the translation. If a notary public cannot communicate with a customer, the customer should be referred to a notary public who speaks the customer's language."

To properly execute the notarization as in all cases, the Notary should determine if the document is complete and must not notarize the signature if the document appears to be incomplete.

At this point, this is how I will proceed:

  1. I will look over the document for the signer's name, which may be in English. If not, I will ask that the signer print their name in English near their signature.

  2. Secondly, the notarial certificate in a foreign language document or attached to a foreign language document must be written in English. California law requires the wording of these forms to be followed as directed in California law in the English language.

  3. If all conditions are met, then I can notarize and affix my notary seal to the document.

If further clarification is needed, I suggest referring to the following California Civil Code sections 1188, 1189, and 1195; California Government Code sections 8202, 8205, and 8206.

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