Ken Edelstein All Purpose Certified NY Mobile NotaryPublisher: Jim Gras
Anything that can be notarized can receive an Apostille.
As a general rule, anything that can be notarized can receive an Apostille.
However you must consider that the notary does the notarization; often at the client premises, while the Apostille is issue at the office of the Department of State. I have actually notarized a fish, honest. The angler wrote with magic marker on the side of the fish "I caught this fish" and I attached a "loose acknowledgement" with a staple to the tail. Thus, he had from
Kenneth A. Edelstein a validly notarized fish! However, I would hesitate to bring the notarization bearing fish to the office of the State Department for an Apostille. I suggested he take a picture of the fish, which I notarized and then Apostille processed the photograph. He simply signed the back of the picture with his "I caught...." statement.
It is much more common to notarize paper documents. These vary from: copies of a passport, officially issued copies of a marriage license, to business contracts. Just about any document that can be signed can receive an Apostille after a valid notarization. After the notarization, which must be flawless, some jurisdictions require the notary's signature to be validated. I would not bring a fish to the municipal building to have my signature verified! Some documents contain a "notarization" when they are issued. In New York City, the "long form" of Birth, Death, and Marriage certificates are issued "notarized".
As a
New York Mobile Notary Public, over the past decade, my experiences have varied from the routine to the extraordinary. I have obtained a single Apostille for a Power of Attorney for a lady's attorney in Italy to sell her villa. At the other extreme, I was instrumental in processing literally dozens of Apostille bearing forms, for several nations; relating to the sale of a supertanker. Many of these also required Embassy Legalization for the sale to proceed. That was a project! However, most clients have lesser needs - but to them the accuracy and speed are just as important. The key to a successful Apostille project is the foundational notarization - it must be perfect.
As a general rule it is best to obtain an Apostille, when state or county issued documents are involved; in the state where the documents were issued. It is possible to bypass this suggestion - but the Apostille obtained might not be acceptable at the point of use. You should discuss the actual ultimate use of the document with your notary. If the notary is not sure how you should proceed, your situation should be brought to an attorney. A notary is forbidden to give legal - "how shall I proceed" advice - and the additional skills of the attorney are worth the expense to be sure your plans are achieved.
Another Happy Camper: Apostille for use in FRANCE
Kenneth Edelstein is the best! I had a "catch -22" that would have made Joseph Heller do somersaults... Ken found a way out through his tenaciousness, his competence, his knowledge, his insightfulness... what can I say but a humble "thank you" in front of this amazingly kind and thoughtful man... it doesn't hurt that on top of it all, he has a wonderfully dry and "New York" sense of humor!
Lots of best wishes and love to you and Sandy... will call you if you don't mind for that champagne when we come back in the summer...
Andi
PS it goes without saying that if you come over to Paris we'll do the town together ...
[COMMENT]NYC Notary Fingerprinting vs. Police Department?
NYC Notary Fingerprinting vs. Police Department?
I fingerprint dozens of people each month in New York City. However, sometimes I must decline. It's not that I would not do a high quality job; it's that in some very rare circumstances I am not qualified. The recipient of the fingerprint cards "sets the rules" and there are some that mandate fingerprinting must be done "by a law enforcement officer". I am a certified, insured, and highly experienced fingerprinting technician, but I am not a law enforcement officer. As a
New York Mobile Notary Public, I ask that you carefully read the instructions you received from the agency requesting the fingerprint cards. They set the rules. Fortunately, this requirement is very rare.
Obtaining Police Department fingerprinting can be quite a frustrating experience. They rarely are willing to make appointments. When an appointment is secured, it is common for the fingerprint officer to be "on police business" and no one knows when they will be returning. Some larger police stations will have an entry line with metal detectors; require you to remove your shoes, etc. It is common that cameras and communications equipment must be "checked" at the door - and are returned upon departure. Some Police Departments only do "live scan" and will not give you a set of inked prints. Often there are no chairs, and a long wait....
That is not how
Kenneth A. Edelstein operates. The main difference is that I go to you at a time of your convenience; bringing all necessary equipment. On my
web site there are several helpful suggestions to facilitate successful fingerprinting. The key ones are having the room slightly cool, good lighting, and a counter height midway between your waist and shoulder (more or less - it's not that critical). However, fingerprinting at an ankle height cocktail table is impossible. Equally impossible is obtaining good prints in a hot and humid kitchen where food is being boiled amid billowing clouds of steam!
Unlike the "in a hurry" Police personnel, I take the time for proper finger preparation. I will ask you to wash your hands thoroughly with soap and warm water. Next, I will apply a pre-fingerprinting finger preparation wipe of alcohol that removes any remaining moisture. I take the time to explain how you can assist me in obtaining the clearest prints possible. Lastly, my fingerprint cleaning wipes will remove all traces of ink and leave your hands spotless. I am one of the very few (I know of no other), but hesitate to say "the only one"; who fully guarantees acceptance of the cards. My guarantee gives you the choice of receiving a full immediate refund, or having me redo the job. Fingerprinting can be both convenient and a pleasant experience, call
917-864-3564 for more information.
[COMMENT]Apostille for Specific Country
Is an Apostille issued for a specific country?
An Apostille is issued by the US Department of State, assuming a properly prepared set of documents; for use in any country signatory to Article 12 of The Hague. This section relates to the international use of personal documents. Thus, an Apostille is not issued for use only in Italy; the same Apostille bearing document can also be used in France. As a
New York Mobile Notary Public I am often asked to obtain multiple copies of the Apostille for use in many countries. If you are permitted to show and keep the Apostille bearing document - you need only one; it's good in all countries that accept an Apostille.
The same is true for the "Certification" - issued in lieu of an Apostille for nations that did not sign Article 12. A Certification that is good in China is also good in Canada. Sometimes the situation involves both signatory and non-signatory nations. Then it will be necessary to obtain an Apostille for the document and also obtain a Certification. You should determine in advance how many copies of each you will be required. Once in Europe, it will be impossible to obtain USA processing, as personal appearance before the notary is part of both the Apostille and Certification process.
Kenneth A. Edelstein has obtained hundreds of Apostille and Certification seals; frequently the same day. The process usually involves notarization of a signature. The only case where a signature is not required is the processing of official documents - birth, death, marriage and divorce documents are the most common. Although the Apostille or Certification is not specific to a country - often the need to have the document translated into a foreign language certainly is.
You should carefully consider how many copies of a document should receive "Apostille" processing. Just as a photocopy of a notarization is not also a notarization; a copy of an Apostille is generally useless. Only the original - in the case of those issued in New York State - with the raised gold seal are generally acceptable. The cost of processing many at once will generally be lower than many individual processing assignments given to an Apostille processing agent.
[COMMENT]The pitfall of shortcut Apostille Processing
The pitfall of shortcut Apostille Processing
There is a right way and a wrong way to process documents to obtain an Apostille. Most of the time there is only the right way. However, there is often a "shortcut" to speed up the process. The most common situation that offers a shortcut is the out of state birth certificate. The right way for
Ken Edelstein to process and obtain an Apostille for an out of state birth certificate is to obtain the Apostille in the state where the birth certificate was issued. However, sometimes my client is "in a hurry" and wants me to obtain the apostille in New York State - quickly.
I always caution my client that it is technically possible to obtain the Apostille in New York, but the Apostille "might" not be accepted in the target country of use. There is a procedure, totally legal, for obtaining an Apostille for a Birth Certificate issued in Montana - in New York City. I have done so many times - "most" of the time the Apostille bearing document is accepted. But, not always. It is the responsibility of my client to determine if the Apostille obtained in New York for a Montana issued birth certificate will be acceptable - where the Apostille bearing document will be presented.
As a
New York Mobile Notary Public, with many years of experience with the "system" - I know the "ins and outs" of getting things done quickly. I always caution against shortcuts, but the client calls the shots. I can almost always obtain an Apostille or Certification - legally (the only way I would ever operate), but just having it does not guarantee its acceptance. Generally the shortcut process involves a statement by the holder of the document and not a statement by the official who issued the document. There is a major difference between the two. However, the constraints of time and distance often make the shortcut "worth a try".
I am one of the few, if not the only mobile notary public who offers a total 100% guarantee that gives the client the choice of redo or refund. That guarantee is offered for almost everything I do. The exception is when I advise my client to not proceed with a shortcut method to obtain an Apostille or Certification. I feel it is my duty to advise them of the availability of the procedure while also advising that it not be utilized. The ultimate decision is made by my client and I process accordingly. However, a shortcut taken is taken without my personal guarantee - and each client is advised accordingly.
[COMMENT]Your legal name is exactly what is on your birth certificate
Your Legal Name and the Notary
Your legal name is exactly what is on your birth certificate - unless changed by a legal procedure. Sounds simple, but you would be surprised just how much trouble folks can get themselves into when they stray from their legal name. "But that is how I prefer to be known", the client tells me when they sign "Billy Smith" rather than the "William Smith" that is on their drivers license. Sometimes the situation gets really ugly. "Billy" may be the name "on title" (due to a careless notary when the property was bought) - but a sharp notary (when it comes time to sell the property) - will not notarize "Billy"! There are procedures, using "Also Know As", but they raise eyebrows during processing.
Middle names can be a big problem. As a
New York Mobile Notary Public I often have the problem of "under ID" when notarizing. The document has the middle name or initial and the driver's license lacks the middle name/initial. Technically, the client is in an "under ID" situation and has not proved the name on the document. The best and simplest policy is to use one format of your name in every case - consistently. Another name related problem is "stage names" - many of my clients are performers and often want to use their "stage name" on a legal document. "Sorry, but you are Arnold Green, not "The Amazing FlameEater" - I actually must remind them to use their real name.
Perhaps the strict notary laws affect my perspective. I am
Kenneth A Edelstein and must sign exactly the name on my notary license. Furthermore, I must sign it exactly, (or nearly so), the way my signature is recorded on my Notary commission. Fortunately, as a notary, I am not required to have your actual signature match that 10 year old driver's license signature. Being certain of your ID is all that is required. However, it is probably a good policy to try to maintain your signature's format - to the extent possible.
There is one odd situation where an illegible "squiggle" is actually helpful! When the document calls for a middle initial/name and the "squiggle" is unreadable - then I ask "did you sign your full name - including middle name/initial?" A "yes" reply allows me to accept that "squiggle" as the full name. But, if the signature is clearly readable - and a portion "under the line" - is missing from the handwritten signature "over the line" - then I must ask you to resign with the complete name!
[COMMENT]The Notarized Self Serving Affidavit
The Notarized Self Serving Affidavit
A self-serving affidavit basically says very little. It is a vehicle for making a small statement by an affiant. But, it can be a very useful tool both for the notary and the person making the statement. One of the simplest forms is "My signature is on this page." The document is then signed and notarized. Actually, this is quite common when opening a foreign bank account. In order for me to notarize your signature - I must ask if the document you signed is "true", thus you must say something - you can't just sign a blank page and ask me to notarize it.
A more complex use of the self-serving affidavit is the "affidavit of copy." This is used when you need to have a document notarized - but the person who signed it is not available. You make a copy of the document and basically state "under oath" that the copy is a true and complete copy of the original document. Then your statement as to the completeness of the copy can be notarized. That notarization can even be used to obtain an Apostille. Some limitations exist in New York. When
Kenneth A Edelstein brings the document for Apostille processing - the document is checked to see that the person who made the copy is actually named as being the holder of the document.
Thus the "affidavit of copy" can be used to Apostille a copy of a phone bill you received. There is no other way, as the phone bill does not have a signature - a requirement for notarization. Why apostille a copy of a phone bill? It is often required as part of a package used to verify the residence address, typically when opening a foreign bank account. However, there are times when the original document - the actual phone bill you received must be used. In that case, a similar self serving affidavit - the "affidavit of receipt" - stating that you received the document is used.
As a
New York Mobile Notary Public I process these and many variations of the self serving affidavit. They usually are simple statements of fact, and may or may not refer to related documents. Take care that the statements are absolutely truthful. A false statement on a notarized document is a serious matter and intentional falsehoods are a criminal offense - similar to perjury on the witness stand. Key point: a legal document need not be complex, but if you sign it - it must be truthful.
[COMMENT]Choose your Apostille Processor wisely
Few notary assignments are more demanding than Apostille processing.
The notary must have possession of the client's document to complete the procedure. It is of no comfort to the client to hear that a document is "insured" against loss; as often either the notarization or the base document cannot be recreated.
Kenneth A Edelstein uses no "chain of command" or messengers with your precious document; with the exception of handling by necessary public officials - nobody touches your document except me. I take my responsibility to you very seriously. The real issue here is integrity.
But how do you determine the integrity of a prospective notary Apostille processor. Read the web site carefully and look at both the
Apostille section and more importantly the
"About Me" section. I am A+ rated by the New York Better Business Bureau, and a member of the Manhattan Chamber of Commerce. . There is a very complete biography on me with unsurpassed credentials: 25 years, retiring as a VP with Merrill Lynch, EPA Inspector, appointed Arbitrator with the American Arbitration Association, etc. Each is proven with irrefutable visual evidence, not just empty boasts and groundless claims. Always look for "off site" verification of memberships, associations or "facts".
Off site links (clickable links) that are from known to be reliable organizations are the best proof of integrity. References, though interesting to read, are generally not verifiable. As a
New York Mobile Notary Public, possession of your document is regarded as a sacred trust. In the hundreds, (possibly thousands) of documents I have processed - not a single one has ever been lost. Most documents are returned to your hand, some are sent via FedEx, UPS, or Registered mail; the choice is always yours. I run a lean and efficient service without "Corporate Offices", "Dispatch Centers" or unreliable messengers.
Apostille processing, after any required notarization, (at your location), takes place at various municipal offices. The overhead expense of multiple physical locations and superfluous staffing is passed along by others to you. I will never over commit; if I say you will have it tomorrow at 3PM - I will refuse a more profitable job - to honor my promise to you. It's an old fashioned way of doing business, that's how my parents raised me and that is my way. Nor will I "delay" your Apostille to "batch" it with others to process the jobs more efficiently, as many others do. I am content to earn a modest income by telling the truth, keeping my word; and have had many repeat clients trust me with their most important projects. I welcome your call or email inquiry.
[COMMENT]Can You Put your Notary in Jail?
Put your Notary in Jail
It's not all that hard. In these tough economic times, some notaries will do almost anything to earn a fee. The classic request to "backdate" a set of loan documents is the most common illegal thing a notary is asked to do. Technically it is forgery by the notary as they are stating that a signature was taken on a date in the past. Bye Bye notary when the illegal act is uncovered.
As a
NewYorkMobileNotaryPublic.com I often am put in a tough situation. I get a call and go to an assignment and am asked - upon arrival - to backdate the document. I have scheduled time, traveled to the assignment, possibly printed documents, etc. Then the sorrowful tale about how the borrower forgot to call me earlier.......
Nope, not this notary, out I go - fortunately this is a rare event. But backdating is not the only improper request. Lack of identification - or ID that is weak is a more common occurrence. Most times a Driver's license or Passport is presented. But, sometimes, I am shown a membership card from Freddies Gym! Sorry, but the standard is government issued photo ID. A wise notary learns to ask about the ID prior to making the trip. Some cases really are tearjerkers - grandma has Altzheimers - and the daughter wants to help her sign the Power of Attorney by guiding her hand to sign the page. Under some conditions that might be acceptable, but if grandma can't tell me who the President of the United States currently is..... signing fails the test of understood and willfully signed.
IDs must match the preprinted document exactly. Junior can't sign the document (if his ID has the "Jr" suffix - if the document does not have the same suffix). Is he trying to impersonate the father? When
Ken Edelstein notarizes a document I am on record as checking the ID. Any discrepancy - no notarization. Often I am asked to accept a document for notarization via FAX and to FAX it back! Personal appearance before the notary is always required as the notary wording states before me.
An honest notary cannot ignore a pressure situation where one party is forcing another to sign a document. My standard notary oath asks: Is this your signature, did you understand and willfully sign this document and that the facts are true and honest to the best of your knowledge and belief. Incapacity by an affiant is a violation of that oath. Unfortunately, not every notary maintains high standards, the same is true in practically every endeavor of commerce. If you obtain a flawed notarization - when the truth is discovered, both you and the notary are subject to penalties. If a proper notarization cannot be obtained in a legal manner - please consult an attorney. There is usually a legal solution to situations that proper notary procedures alone cannot resolve.
[COMMENT]Your Fingerprint Cards Were Rejected - What To Do
Your Fingerprint Cards Were Rejected - What To Do
Fingerprint card rejection is very common. The FBI is very demanding about the image quality required for acceptance of fingerprint cards for inclusion in their database. The card must be completed fully - using black ink. The most common reason for rejection is the quality of the fingerprints themselves. Some folks have very distinct fingerprint ridges (friction ridges); others have very faint LOW fingerprint ridges.
The individual's background can be a cause for low fingerprint ridges. Some of the more common occupations can literally wear or eat away these ridges, Doctors and nurses who wash their hands constantly; sailors who work with ropes; overseas laundry workers who have exposure to phosphates in laundry detergents; and painters who use various solvents. Also at risk are rock climbers, persons taking certain prescription drugs, and those who play string instruments without a PICK
It is the skill and equipment of the technician that insures acceptable prints. Most commonly used is the fingerprint inkpad / cardholder. That custom device works most of the time and yields acceptable fingerprint images. However, for those with truly shallow fingerprint ridges, the older "ink and slab" equipment is preferable. In my KIT of supplies, I always carry both type of inking equipment. At
NewYorkMobileNotaryPublic.com you can read much more on this subject. Basically the ink, roller and (glass) slab allow me to put a very thin layer of ink on the glass. This avoids over inking - the most common problem.
One more tip: Always inquire of the fingerprint service about their guarantee. Mine is to either refund or redo - your option - any prints rejected for poor quality. Any fingerprint service with a low reject rate should be willing to offer the same guarantee. I invite you to access my web site at
NewYorkMobileNotaryPublic.com and read my published articles on fingerprinting. I also have a page devoted to fingerprinting with advice and suggestions; how to avoid having your prints rejected - doing it right the first time.
Ken Edelstein is an All Purpose New York Mobile Notary Public come here
NewYorkMobileNotaryPublic.com for all your questions and Notary Public needs
[COMMENT]Legalization - a Visa for your Business Documents
Legalization - a Visa for your Business Documents
The importation of business documents into a foreign country often requires the payment of a fee. That fee is paid when legalization stamps are affixed to documents destined for use outside of the US. An analogy is the payment for a visa to be affixed to a passport. In the case of business documents, the stamps are obtained from the consulate or embassy of the target country. Procedures to obtain legalization vary greatly. Some countries require an Apostille prior to legalization; others only require notarization of the signatures.
The processing of legalizations can be lengthy. Rarely is it a walk in, pay the fee, walk out. Consulates and embassies often establish specific filing and pickup times. Some require payment in cash; some only accept US postal money orders. Often specific forms must be completed; sometimes available from the national web site; other times a visit is required to obtain the form. Technically, being "foreign soil," the location observes their national holidays; and may be closed when least expected.
Most legalizations require notarization of the signatures on the document. These notarizations must be perfect - any flaw will be grounds for rejection. It is common that a document for legalization be stapled; not bound by a "clip" - so the document's pages cannot be exchanged. Some countries require a copy of the document for their records. At the consulate or embassy, announcements are made in the native language of the country; but most clerks at the windows do speak English.
I have processed many legalizations, and have a detailed section about the processing on my web site:
NewYorkMobileNotaryPublic.com. The typical timeframe is two to three days; however, many nations offer expedited service for an additional fee (per document). As the underlying notarization is critical, I prefer to also process the notarizations to insure acceptance at the consulate or embassy. My processing is personal, never trusting the critical documents to a messenger - from pickup to delivery.
Ken Edelstein is an All Purpose New York Mobile Notary Public
visit here for all your questions and Notary Public needs
[COMMENT]