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savannah_boy Dec 19th 2020 4:09 pm

Commissioner of Oaths
 
Hi everyone, seasons greetings.
Q: What is the US equivalent position for Commissioner of Oaths? Is it a public notary or someone else?
Thanks

S Folinsky Dec 22nd 2020 1:02 am

Re: Commissioner of Oaths
 

Originally Posted by savannah_boy (Post 12947900)
Hi everyone, seasons greetings.
Q: What is the US equivalent position for Commissioner of Oaths? Is it a public notary or someone else?
Thanks

Why do you ask? My understanding is that US notaries do perform some of the same functions. It is helpful to know what you need done.

savannah_boy Dec 23rd 2020 12:51 pm

Re: Commissioner of Oaths
 
I need someone to verify my ID documents and then use that to grant power of attorney to someone in Spain who will act on my behalf for a property sale.

S Folinsky Dec 23rd 2020 4:54 pm

Re: Commissioner of Oaths
 

Originally Posted by savannah_boy (Post 12949122)
I need someone to verify my ID documents and then use that to grant power of attorney to someone in Spain who will act on my behalf for a property sale.

That sounds like a notarial act Be aware of the fact that the duties and powers of notaries are a matter of STATE, not federal law. In your case, the notarization will have to comply with both Spanish and Georgia law. (Use of foreign notarization can be tricky at times. For example, we recently had to notarize a New Jersey form but the form’s notarization did not comply with California law. The notary used a California compliant form to attach to the New Jersey form. New Jersey accepted that in lieu of using the New Jersey form notarization)

Fortunately for you, both Spain and the United States are parties to Hague Convention on use of “apostilles.” The apostille is a fairly summary procedure by which your state will verify the authority of the notary. (It is a real PIA if you can’t use the apostille. Canada is not a party to that convention)

savannah_boy Feb 19th 2021 10:59 am

Re: Commissioner of Oaths APOSTILE SERVICES?
 
So further to this, my thought was getting PoA here in Georgia and then do they send the documents onto here and then to Spain?
https://travel.state.gov/content/tra...-services.html
for Apostile Services?
Although my PoA is for Spain and they only require my UK passport, should I include my Legal Residents Card additionally? (so the US Apostile Services see my relation to the USA?)

Thanks in advance


S Folinsky Mar 2nd 2021 4:56 pm

Re: Commissioner of Oaths APOSTILE SERVICES?
 

Originally Posted by savannah_boy (Post 12975189)
So further to this, my thought was getting PoA here in Georgia and then do they send the documents onto here and then to Spain?
https://travel.state.gov/content/tra...-services.html
for Apostile Services?
Although my PoA is for Spain and they only require my UK passport, should I include my Legal Residents Card additionally? (so the US Apostile Services see my relation to the USA?)

Thanks in advance

It might help if you give the information that indicates a Hague Convention Apostile will not work in Spain. I also wonder how the Federal Department of State would get involved. The last time I had to have a California notarization authenticated for a non-Hague country we had to do three steps - 1. Los Angeles County clerk authenticated the Notary Commission 2. The California Secretary of State authenticated the authority of the Los Angeles County Clerk and 3. The Los Angeles County Clerk authenticated the authority of the California Secretary State. Note hat the Feds never got involved at all.

what information do you have that Hague Convention is insufficient?

scot47 Mar 2nd 2021 5:28 pm

Re: Commissioner of Oaths
 
Notary public (United States) - Wikipedia

It gets more complicated when you are doing things on the international level.

S Folinsky Mar 3rd 2021 5:34 pm

Re: Commissioner of Oaths
 

Originally Posted by scot47 (Post 12978920)
Notary public (United States) - Wikipedia

It gets more complicated when you are doing things on the international level.

OP is aware of this. The problem appears to be on the Spanish end. Although both the US and Spain are parties to the appropriate Haque convention, OP indicates that a Haque Convention "apostile" is not acceptable for Spain. He does not give the source of his information.


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