I have noticed a sharp increase in people coming to me with documents for use in the United States of America.
Unfortunately there is no general consensus as to what is required; it varies state by state. However, documents signed by an English Notary are perfectly acceptable in the USA. Some states may require for the document(s) to have an
apostille
attached by the FCO; usually the US lawyer will make this known to you.
It is also common practice in some states that documents be signed in blue ink, which goes against the tradition of blank ink only. Once again, the US lawyer will make this known.
Sometimes there is a requirement for there to be two witnesses, plus the Notary Public, to a document. This is common in Florida.
US documents can often state they require the Notary Public's commission expiry date to be inserted. In England, we do not have commission dates like in the US. Some English Notary Public's state 'my commission expires on death', however this is sometimes isn't accepted in the US as they are used to seeing a specific date. Therefore, I commonly use my practising certificate expiry date.
The most common features in US documents which I come across are;
Oaths
- This is where you appear before the Notary Public, they identify you (by way of passport, driving licence etc.) and then you swear on the relevant religious book that the contents of the document are true.
Affirmation
- This is similar to the above, however it is administered in a non-religious manner as there will be no religious book.
Acknowledgements
- This is where you appear before the Notary Public, they identify you (by way of passport, driving licence etc.) and then declare that you have signed the document voluntarily. The Notary Public will check that you fully understand the document and are happy to sign. The Notary Public may say 'Do you acknowledge that this is your signature and that you are executing it of your own free will?' An Acknowledgment is typically required on documents relating to property (mortgage deed, contract, warranty deeds etc.)
Court Hearings
- I have had to swear/ affirm several people in to court hearings in various states in the US as they are unable to attend the hearing. These can be by way of video call, telephone etc. You will have to appear before the Notary Public, who will identify you and check you are happy to proceed. You will be asked to raise your right hand, swear or affirm that the testimony you will give will be the truth, the whole truth and nothing but the truth. The Notary Public may also be required by the US Court to produce a Notarial Certificate confirming what they did and what identification documents they inspected.
If you have any queries, or would like a no-obligation chat about your requirements, please feel free to
contact me.