Helpful articles about notarization, apostille services, loan signings, and the notary industry from a bilingual Colorado Notary Public.
July 14, 2023By Aimee M. Skillin
What Is an Apostille? Your Complete Guide to the Apostille Process
What Is an Apostille or Authentication?
An authentication or legalization, sometimes called an apostille, is needed for documents that you plan to use in a foreign country. Examples include marriage licenses, school transcripts, Colorado birth certificates, powers of attorney, death certificates, and adoption dossiers.
What Is the Purpose of an Apostille?
A foreign country requires additional certification of the signatures to verify that the documents are authentic. By issuing the authentication certificate, the Secretary of State certifies the authenticity of the notary or public official's signature on the document, as well as the capacity of the individual (e.g., Colorado Notary Public, County Clerk, etc.) signing the document.
Authentication certificates are not necessary within the United States or any of its territories or possessions, including American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.
What Does an Apostille Agent Do?
An Apostille Agent is a person who has taken time to do extra training and facilitates the apostille process for you. An Apostille Agent can help you file the right documents with the Secretary of State for the correct state in which the documents must be apostilled. Each state has slightly different requirements, and your Apostille Agent will be familiar with each state (or have access to the correct information) to facilitate this for you.
An Apostille Agent can also help with getting the documents notarized. Many times, the documents that need to be apostilled must be notarized before sending them to the correct Secretary of State. If you have access to a notary where you are located, you can do it that way. You can also use a Remote Online Notary (RON) and hop on the computer with them to get your documents notarized. Using an online notary is my favorite approach because your online notary can notarize your documents, print them, and send them off for you.
Why Use an Apostille Agent?
Each state and the federal government all have different requirements for apostilles. Your Apostille Agent will be well versed in this and will be able to fill out the paperwork properly. This is vital because the Secretary of State will return documents without the apostille stamp if everything is not done just right.
I can share with you that 99% of the time, the clients I have worked with are on a time-sensitive schedule. Having documents returned without the apostille stamp because something wasn't right can be frustrating and can have consequences for their business—or even their destination wedding.
Apostille Services When You're Overseas
Another way an Apostille Agent and RON can help is if you're overseas. I am currently working with a client who needed some documents notarized and also apostilled. We were able to hop on the RON platform, get her documents notarized, and I printed and sent them off to the Secretary of State. This also aids the client in that they now have a U.S. address that the SOS can return the documents to.
The Apostille Agent, in this case me, will receive the documents back and then send them directly to the client. As an Apostille Agent, I am in constant communication with the client advising them of every step, and I am actively tracking the progress of the apostille.
Apostille Agents and Remote Online Notaries can make a difficult and cumbersome task easy and painless. What questions do you have that I can help answer? Reach out anytime. I am here to be a resource.
June 16, 2023By Aimee M. Skillin
Language Skills That Seal the Deal: Why Collaborating with a Bilingual Notary Boosts Your Business Success
To follow up on my last post about Notary vs. Notario, I thought I'd continue the conversation by talking about the importance of using a Spanish-speaking Notary when you have clients that are primarily Latin American and their first language is Spanish.
Here are three ways your bilingual Notary can help you and your clients:
1. Tailoring Services to Cultural Practices
Latin American cultures often have unique customs and practices that influence their legal affairs. A Spanish-speaking notary can offer valuable insights and guidance based on their understanding of these cultural nuances.
2. Building Trust and Reliability
By offering notarial services in Spanish, a notary demonstrates their commitment to serving the Latin American community. This commitment helps establish trust and reliability among clients, as they feel understood and valued.
3. Inclusive Approach and Community Reputation
The presence of a Spanish-speaking notary signifies an inclusive approach and a willingness to go the extra mile to meet the needs of the Latin American population. This trust and reliability can lead to long-term client relationships, positive recommendations, and an enhanced reputation within the community.
As a business—whether it be a title company, mortgage broker, law practice, CPA, financial advisor, or any other business that produces documents requiring notarization—having someone on your preferred vendor list that not only speaks Spanish but understands the nuances of the Latin American culture can foster a better and more trusted relationship with your client.
One important thing to note: your Notary cannot translate the document for you. Your client must have an understanding of the document contents before meeting with the Notary for signatures. Your Notary's job is to certify the signatures, not the contents of the document.
For more information on translating documents that require notarization, please see this helpful article from the National Notary Association.
If you have any questions, please reach out anytime. I am happy to help in any way I can!
June 2, 2023By Aimee M. Skillin
Notary vs. Notario: What's the Difference and Why It Matters
As a bilingual (English/Spanish) Notary Public in the State of Colorado, I was extremely curious about the true and correct translation of certain terms, mainly "Notary Public" into the Spanish language. With a background in court interpretation, I still carry the need for understanding the correct way of communicating concepts, not just translating word for word.
If you know Spanish, you know that we love to use extra words and make things sound beautiful and fluid. However, there can be serious consequences to using the incorrect terminology. Those consequences could affect the person doing the interpreting or translating, or the person receiving the information. So I did some investigating.
What Is a Notary Public in the United States?
According to the National Notary Association, a Notary Public is an official of integrity appointed by the state government to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents. These official acts are called notarizations, or notarial acts. Notaries are publicly commissioned as "ministerial" officials, meaning they are expected to follow written rules without the exercise of significant personal discretion.
What Is a Notario Publico in Latin America?
In contrast, a "Notario Publico" (which is commonly used as the literal translation of "Notary Public") in Latin American countries refers to an attorney or a high-ranking official, such as a judge. In the United States, a Notary cannot prepare legal documents or give advice on immigration or other matters unless the Notary is also an attorney. This distinction is critical.
The Correct Spanish Translation
"Escribano (Publico/a)" and "Fedatario (Publico/a)" are by far the most common and correct terms. Both are considered "common" language, meaning they will most likely be recognized by any person of Latin American culture, and you will not be misrepresenting yourself as a "Notario Publico."
Legal Consequences of Misusing "Notario Publico"
Several states, including Colorado, California, Texas, Montana, Nevada, New Jersey, New York, and others, have stated that it is illegal to represent yourself as a "Notario Publico" if you are not a licensed attorney.
"Knowing and willful violation of the provisions of this section shall constitute a deceptive trade practice pursuant to section 6-1-105, C.R.S., and shall also constitute official misconduct." — Colorado Supreme Court on using "Notario Publico"
In Texas, for example, using the phrase "notario" or "notario publico" to advertise notary services is treated as the same offense as claiming to be an attorney, regardless of whether the individual's intent is fraudulent or not.
The general recommendation from language professionals is to translate "notary" as "fedatario," the Spanish term for an official authorized to attest to the legitimacy of signatures and oaths. Even using the English word "notary" within a Spanish sentence is preferable to the mistranslation as "notario," which carries confusing and legally dangerous connotations.
Why This Matters for Colorado Residents
If you are a Spanish-speaking resident in Colorado looking for notary services, it is important to understand that a Notary Public in the United States is not the same as a "Notario" in your home country. A U.S. Notary cannot give legal advice, prepare legal documents, or assist with immigration matters. For those services, always consult a licensed attorney.
