Remote Session for a Vietnamese-Speaking Principal
Linh is a Colorado notary registered for remote notarization. She receives a request from a principal, Mai, who is physically in Texas and speaks only Vietnamese. Linh does not speak Vietnamese. Mai's adult cousin, who is a beneficiary of the power of attorney, offers to interpret on the video call. Mai wants Linh to notarize Mai's signature on a durable power of attorney and also asks Linh to certify a copy of Mai's Vietnamese passport and to issue a certificate of fact stating that Mai is of sound mind and fluent in English. Linh's platform records audio and video. Linh verifies Mai's identity by having the cousin swear that Mai is who she says she is, rather than using identity proofing. Linh plans to keep the recording on her laptop for 30 days and then delete it.
1. What remote notarization requirements is Linh missing or likely to violate?
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Linh is missing several remote requirements. She must verify identity through the identity-proofing method the program requires, not simply accept a beneficiary's oath. A credible witness, if allowed, must be impartial and have personal knowledge; the cousin is neither. She must retain the audio-video recording for the required retention period, which is longer than 30 days, and store it so it can be produced. She must also confirm that she is physically in Colorado and that the act is one Colorado law permits. The remote system must meet the program's standards. If her registration or platform does not cover this act, she should decline. The power of attorney may also have its own execution requirements, so Linh should not assume a remote acknowledgment will satisfy Texas or the lender.
2. May the cousin interpret, and what should Linh do about communication and the journal?
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The cousin should not interpret. An interpreter in a notarial act should be a disinterested adult who can accurately convey the principal's statements and the notary's questions. A beneficiary of the power of attorney has a direct interest in the document and may influence Mai. Linh should pause the session and arrange a qualified, impartial interpreter, or decline if one cannot be found. Linh must be able to confirm that Mai understands the act and is signing voluntarily. The journal should identify the interpreter, the language, and how communication was achieved, along with the usual date, time, act type, principal identity, and record description. If Mai cannot communicate reliably, the safest course is not to notarize.
3. How should Linh handle the requests to certify the passport copy and issue the certificate of fact?
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Linh should decline both requests as framed. A passport is a public record, and a Colorado notary generally may not certify a copy of a public record; the proper route is the issuing authority or an apostille/authentication process. A certificate of fact is limited to facts the notary can personally know or verify through a proper oath or record. Linh cannot certify that Mai is of sound mind or fluent in English based on a short video call, and those are legal or evaluative conclusions, not simple facts. She could notarize a signature or administer an oath if the other requirements are met, but she should explain the limits and refer Mai to the correct office for copy certification or authentication. She should document the refusal and not issue a misleading certificate.