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3 Things Notaries should know about translating documents

Spanish-document-resized.jpgIf you’re a Notary who speaks more than one language, you’ve probably had customers ask if you can translate a document or certify that a document has been translated accurately. Before you say yes, here are 3 important facts you need to know.

1. Notaries aren’t authorized to certify document translations

There are 2 reasons why Notaries cannot certify translations. No U.S. state authorizes Notaries to certify translations as an official act. In addition, certifying a translation typically requires the translator to sign a declaration certifying that the translation is accurate, then have the signature notarized. If you as the Notary also were the translator, you would be notarizing your own signature.

If you are a qualified professional translator who also holds a Notary commission, remember that if you translate a document, you would need to find another Notary to notarize your signature on the translator’s declaration. Notarizing your own signature is a conflict of interest and is not allowed in any U.S. state or territory.

2. You may notarize another translator’s signature 

However, if another translator writes and signs a translator’s declaration attesting that a translation is accurate, you may notarize the translator’s signature on the statement if asked to do so.

Be sure to follow all required steps for the requested notarization under your state’s law. For example, in Texas the accuracy of a translated real or personal property document must be sworn before a Notary or other officer authorized to administer oaths in order to be recorded (Property Code 11.002). In this case, a Texas Notary would need to perform a jurat, not an acknowledgment. California Notaries who are asked to perform a jurat for a translator’s declaration must ask the translator for satisfactory proof of identity and administer an oath or affirmation to the translator.

3. Be careful if you are asked to translate information on immigration forms

Notaries must be very careful if a customer asks you to translate their answers to questions on official immigration forms. In some states, such as Nevada and Utah, this type of translation may only be performed by registered immigration document service providers. Oregon prohibits acting as an immigration services provider at all unless the provider is a member of the Oregon State Bar. In California, you must be registered and bonded as an immigration consultant. Always be sure to follow your state’s laws regarding any translation requests related to immigration documents.

David Thun is the Assistant Managing Editor with the National Notary Association.

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28 Comments

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Angela

11 Dec 2023

My ex husband provided a notarized document from Puerto Rico as an exhibit. The document has hand written "no expiration" There is a signature of the notary, but no typed name on the document to know who officially notarized the document. Is this legal? It also reads "juarndo y suscrito ante mi por (Sword and subscribed before me by)" my exhusbands name is hand written in then "a quien identifique mediante (who I have been identified by) his driver license #. "En (in) city name, Puerto Rico a 8 de (of) March de 2023." Does the word "sword" cause the document to be invalid? Also the translation of words from spanish to english, is this legal? the notarized stamp has a 4x4 square that darkens some of the notary out. I am not sure if this is the government stamp that is required. is this legal?

National Notary Association

12 Dec 2023

Hello. We are sorry, but these are legal questions that would need to be answered by a qualified attorney.

Sandra

05 Oct 2023

I can recommend notaries search the ATA database of translators at atanet.org to find a reputable translator. You will find many are local to you, regardless of where you are located. In response to some comments before mine, I always request an acknowledgment. The notary simply acknoweledges that I signed the document in which I declare I'm a translator and the document is a true and correct translation of the original.

Ha Vandervorst

05 Sep 2023

Can the translator ‘s signature is notarized with acknowledgment certificate? If the translator has a right to choose acknowledgment certificate instead of Jurat certificate for the documents?

National Notary Association

08 Sep 2023

Hello. A nonattorney Notary is not authorized to determine the type of notarial act a signer needs on a signer behalf. If a translator needed their signature notarized on a document and asked the Notary for an acknowledgment, then it would be appropriate to perform an acknowledgment.

Camille Green

09 Aug 2023

WA - What are some reputable documentation translator services Notaries can use to offer document translation services?

National Notary Association

10 Aug 2023

Hello. As stated in the article, Notaries are not authorized to certify document translations. If you are a qualified professional translator who also holds a Notary commission, remember that if you translate a document, you would need to find another Notary to notarize your signature on the translator’s declaration. Notarizing your own signature is a conflict of interest and is not allowed in any U.S. state or territory.

Melissa V.

25 Jul 2023

Hello, Thank you for the article. It is very informative. I would like to know if someone translate medical documents and I know the documents are correctly translated, do I need to verify if the translator holds a professional certificate to do this translation? Does the client need to pay a medical clinical staff to do this translation?

National Notary Association

25 Jul 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with additional information about the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Erendira Romero

14 Jun 2023

Hello I’m commissioned in CA Can I use a third party vendor to do the translation of the document and then I provide the notarization?

National Notary Association

15 Jun 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Alexia Loiacano

24 May 2023

I'm bilingual and a Notary. Can I get a "Bilingual Public Notary" stamp? How does that work? I cannot find any information online.

National Notary Association

25 May 2023

Hello. The information allowed on a Notary stamp is usually set by state law, so normally you would not be able to include "Bilingual Notary" on your official seal. However, if you create a web page or a Notary directory listing for your business, you may note there that you are fluent in more than one language. Please be aware that if you advertise in a language other than English, many states have restrictions on advertising using foreign-language translations of the title "Notary" or "Notary Public" in order to prevent immigration fraud. For more information, please see here: https://www.nationalnotary.org/knowledge-center/about-notaries/notaries-and-notarios and here: https://www.nationalnotary.org/immigration/knowledge-center/state-immigration-consulting-rules

Elle Jones

30 Mar 2023

I appreciate how you pointed out that notaries must exercise extreme caution if a client requests that they translate their responses to inquiries on official immigration forms. My dad will find this helpful if he needs a notary to sign some legal documents. I'll make sure to give him a copy of this article so he can be advised appropriately.

georgia

22 Mar 2023

I notarized a copy of someone's passport. Is is ok if I also translate the document? I am an official translator for the Greek Consulate. I do not see that as a conflict of interest. IMHO ...

National Notary Association

23 Mar 2023

No, you may not notarize and translate the same document. Please see section 1 in the article above.

QUETCY MERCER

20 Mar 2023

Question: If I know how to translate to Spanish, I can do it . But not Notarize it? I am a Notary In PA and In Maryland

National Notary Association

20 Mar 2023

Hello. You cannot certify your own translation as a Notary because you would be notarizing your own signature, which is not allowed.

erikasuccar1@gmail.com

28 Feb 2023

I am a notary in FL. I get lots of calls to translate birth certificates. Can I do it. Or what is a good online translator I can use?

National Notary Association

06 Mar 2023

Hello. Please see the section of the article above stating: "If you are a qualified professional translator who also holds a Notary commission, remember that if you translate a document, you would need to find another Notary to notarize your signature on the translator’s declaration. Notarizing your own signature is a conflict of interest and is not allowed in any U.S. state or territory."

Alister Young

27 Jan 2023

I am a Notary commissioned in State of Maine. I am a native speaker in Mandarin Chinese, born in Taiwan and living in the US since 1975. I have been asked to translate a few child adoption papers from 1967 from mainland China. Can I legally help with the translation and notarize them?

National Notary Association

30 Jan 2023

Hello. As stated in the article above, "If you are a qualified professional translator who also holds a Notary commission, remember that if you translate a document, you would need to find another Notary to notarize your signature on the translator’s declaration. Notarizing your own signature is a conflict of interest and is not allowed in any U.S. state or territory."

KAIAN

08 Jul 2022

WHAT SHOULD I DO IF MY BOSS IS ASKING ME TO TRANSLATE AND NOTARIZE A DOCUMENT LIKE A BIRTH CERTIFICATE? IS THAT LEGAL?

National Notary Association

08 Jul 2022

Hello. To ensure we provide you with the correct information, can you please tell us what state you are commissioned in?

Shaya

30 Nov 2020

In New Jersey, what do I need in order to notarize a legal translation of a birth certificate?

National Notary Association

04 Dec 2020

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

me no

30 Sep 2019

no comment, form just popped up when I tried to view article

National Notary Association

30 Sep 2019

Hello. There should not be a form popping up when you read articles. If you can please email us at social@nationalnotary.org with a description of the device and browser you are using, and a description or screencap of the form that appeared, we'd be happy to help you try and resolve this issue.

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