Interpreters, certificate of fact, and notary program services
This domain tests special notarial situations and the services the Secretary of State's Notary Program provides. The exam asks how to handle a language barrier, what a certificate of fact may cover, and which office issues apostilles and commission verifications.
Interpreters
When the principal and notary do not share a language, the notary may use an interpreter. The interpreter must not be a party to the record or have a beneficial interest in it. The notary must be able to communicate with the interpreter and confirm the principal's understanding. Record the interpreter's name and language in the journal, and include any interpreter statement required by the certificate. A family member who stands to inherit under the document cannot serve as interpreter.
Certificate of fact
A certificate of fact is a notarial act in which the notary certifies that a fact or event occurred, based on the notary's personal knowledge or direct observation. It is not a license to certify opinions, legal conclusions, or facts the notary has only heard about. For example, the notary may certify that a person appeared before the notary on a date, but may not certify that the person owns property.
Notary Program services
The Secretary of State's Notary Program issues commissions, administers the exam, approves education providers and remote vendors, maintains the notary lookup, handles complaints, and publishes rules. The same office authenticates documents for foreign use: an apostille for Hague Convention countries and a certification for non-Hague countries. An apostille authenticates the notary's signature; it does not make the underlying document legally valid.
Worked example
A signer speaks only Vietnamese, and the signer's cousin offers to interpret. The cousin is a beneficiary under the will being notarized. The notary must refuse the cousin and arrange an independent interpreter, record the interpreter's name and language, and confirm communication. Using the cousin would create a conflict and undermine the act.
Traps that cost marks
- Using an interested interpreter.
- Certifying a fact the notary did not witness.
- Confusing an apostille with notarization.
- Assuming the Secretary of State verifies the truth of a document when issuing an apostille.
- Failing to record the interpreter's name and language in the journal.