Updated 12-17-20. Last week, we shared a real-life situation where a customer arrived at a Notary’s workplace and requested a notarization. However, the customer and Notary did not speak the same language. The customer’s daughter demanded to act as an interpreter, and when the Notary hesitated, demanded to speak with the Notary’s manager.
We asked readers what they would do in this delicate situation, and here are some of the suggestions you provided.
What our Notaries said
Many Notaries said they would refuse the notarization request, because if they cannot communicate with the signer directly during the notarization, there is no way to be sure the daughter is translating the signer’s wishes accurately.
“We cannot use a translator,” Mike Goodey said. “We have no idea if the document gives the daughter a financial interest.” Goodey suggested the signer and daughter should find another Notary who is fluent in the signer’s language.
Some Notaries also pointed out that certain states specifically prohibit using an interpreter during a notarization.
‘In California, we are forbidden to notarize for a client with whom we cannot directly communicate,” said Bari Vaz. “As for the daughter’s statement that ‘We’ve had this type of document notarized before, and the other Notaries didn’t have any problem with me interpreting for my father,’ I would respond that if this occurred in California, then the notarizations were not done legally and could be challenged in court.”
Jose Gomez said the same rules apply in Texas. “If the boss has an issue with my decision, I will remind him that I am responsible first to the state, and to him second,” he said.
A few Notaries suggested using a different interpreter who is not related to the signer to reduce the possibility of bias. Others suggested using a translation app on a phone or other device to interpret the signer’s instructions instead of having the daughter translate. “I might use the app on the iPhone that translates what you type into their language,” said Candi Rosenthal.
Guidance from the NNA
As many readers pointed out, direct communication between the Notary and signer is crucial to ensure that the signer is aware of what they are signing and that the signer is not being compelled against their wishes. Direct communication also is required so that the Notary can confirm the signer properly responds to an oath or affirmation administered by the Notary and follows all instructions given by the Notary. Only a single state (Arizona) has a statute or rule that expressly permits a signer and Notary to use an interpreter for a notarization.
In the absence of a statute, rule, or other authority that expressly authorizes Notaries to use an interpreter or translator, Notaries should follow Standard III-C-4 of The Notary Public Code of Professional Responsibility: "The Notary shall not perform a notarial act if the principal or witness identifying the principal, if any, cannot directly communicate with the Notary in the same language, regardless of the presence of a third-party interpreter or translator, unless authorized by law."
Also, Notaries should not use electronic devices or apps to translate, because an app is no different than relying on a human translator to be the intermediary between the Notary and signer, no matter how effectively technology renders the translation.
Furthermore, without speaking the same language, the Notary has no way of knowing if the daughter would benefit in some way from the document, and therefore would have reason to misrepresent her father’s wishes or instructions from the Notary. Just because the daughter claims other Notaries let her interpret — which, as pointed out above, would be a violation of proper procedure in most states — is not a reason for the Notary to acquiesce to this request.
So, what was the actual resolution of the situation? The original Notary, who is commissioned in California, refused to perform the notarization. Unfortunately, the Notary’s manager made a bad judgment call when the daughter complained, and simply assigned a different employee to perform the notarization with the daughter interpreting. This brings up the issue of Notary-employers who direct or order Notary-employees to violate Notary laws and standards of practice. While the Notary did not tell us what happened after that, the second Notary consenting to perform an improper act directed by the manager could have serious consequences for both the second Notary and manager if it was later found that the notarization was legally challenged or was used to commit fraud.
David Thun is an Associate Editor at the National Notary Association.