No Joined-Up Thinking In International Documents

A Notary sees daily examples of a lack of “joined up thinking” in foreign requirements.

For UK Doctors requiring visas to settle in Canada, I am required by the Canadians to meet the Doctor, look at their passport and take an example of their handwriting. Particularly if the signature the Doctor makes in my office differs from the signature in the passport, then I will need to investigate a little further before certifying identity and the handwriting/signature was written by them.  This happens regularly; Doctors have to write their signatures so often that some deterioration in legibility is almost inevitable. And yet – if the signature certified by me is not considered by the Canadian Visa officers to be “sufficiently similar” to the passport signature, the forms will be rejected. I.e. – they request a Notarial certificate and then reject it. So, what was the point of that exercise then?

For many countries, persons requiring visas are required to send a copy of their Birth and marriage certificates certified by me and then stamped with the Foreign and Commonwealth Apostille. BUT as I mention in an earlier blog, UK Birth and Marriage certificates are subject to “Crown Copyright” and may not legally be copied. If they are, the FCO will not add its Apostille. I am supposed to buy and pay for new certificates. But those, not being copies, are not what the foreign Country has asked for!

By the way, the FCO rejection of copies of British GRO records has on occasion resulted in their erroneous rejection of FOREIGN copy certificates. It is always worth pointing out to the FCO when a submitted document is foreign that it is not subject to the Copyright rule.

Very recently the Foreign Office has decided that no Apostille can be attached to a Notary’s certificate which attaches an original or copy of medical report which has been signed “pp” the actual doctor. Any such certificate must exhibit the signature of the Doctor – even if I the Notary have spoken to the Doctor and Certify that the report is genuine. This is in effect the FCO reading the Notary’s certificate and making its own judgment about it – acting exactly contrary to their statement on the Apostilles, which says that all they certify is the identity of the Notary.

It does appear that the FCO is very willing to charge its fees, but not so happy to accept any responsibility for performing its duties as set out in the 1961 Hague Convention.

There are anomalies in international Notarial and legalisation requirements all over the world (don’t even mention India!) – And any one of them is a “bear-trap” for the inexperienced

Luckily for my clients, I do have that experience – over 20 years of it. Please do contact me whenever you need Notarial certification or Legalisation – at http://www.atkinsonnotary.com or phone me on 0113 816 0116 (internationally 0044 113 8160116)

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Notaries Given Highest Recognition

Notary Public – Fulfilling An Essential Public Role

The United States Secretary for the Interior between 2009 – 2013, Senator Ken Salazar, is perhaps most famous for saying to a Newspaper interviewer “If you do that to me again, I’ll punch you out”

Is he perhaps a twin, separated at birth from our own John Prescott?

One of the most important and powerful men in the World, he is clearly a man who speaks his mind.

What did he say about Notaries? – Only this:-

“EACH AND EVERY NOTARY PUBLIC PLAYS A CRUCIAL ROLE IN COMBATING IDENTITY THEFT. THEY SERVE AS OUR FRONT LINE OF DEFENCE AND THE PUBLIC IS SAFER BECAUSE OF THE JOB THEY DO.”

Those few words are an explanation and a ringing endorsement of our role in Society, Nationally and Internationally. It is good to know that our work is understood and appreciated at the very top – we all benefit from a little encouragement after all.

Please do contact me whenever you need Notarial certification – at http://www.atkinsonnotary.com, or phone me on 0113 816 0116 (internationally 0044 113 8160116)

Being a Notary Suits Me – I Am Pedantic!

The Notary Profession is ideal for a Pedant – the job is to provide a documented record of fact.

I am aware that the slow and painstaking approach might be irksome to clients on occasion, especially to business people who want a job done in the minimum of time.

When a job is done properly and well it is sometimes hard to explain why it could not have been done in half the time and at half the cost.

However, when a job is done incompletely it can often be all too clear that cutting corners was a disaster.

Now there is a decision of the Courts of Georgia USA which illustrates my point – online at http://www.ganb.uscourts.gov/judges/opn/opn_view.php?Id=1987

In this case a house owner signed a mortgage deed with Wells Fargo Bank. The Deed should have been signed in the presence of witnesses and been notarised. In fact, the Notary wrote upon it a certificate which confirmed only that the signature to it was genuine.

Now perhaps, possibly, even presumably, the Deed was properly witnessed. Maybe the Notary himself  had watched the signature being made, together with two “lay” witnesses as the US law requires. BUT – the certificate did not say so and any such additional witnesses had not signed. As such it was found to be a  fatally defective deed, because it was not absolutely certain (not pedantically stated!) on the face of it whether or not the signing was witnessed properly.

When the borrower went bankrupt later, that defect in the certificate has meant that the entire mortgage debt on the house can be ignored by the Creditors, because under US law Creditors are not affected by a defective deed, even though they know perfectly well that the house was in mortgage.

Accordingly, the Bankruptcy Trustee can sell the house for the Creditors without repaying Wells Fargo Bank a penny of the mortgage debt.

May I say – If you are a Bank then this is not the result you want! Whoever you are, your Notarial work needs to be thorough. – contact me at http://www.atkinsonnotary.com +44 (0)113 816 0116