Texas law does not require you to understand the language that a document you are notarizing is in. This being said, it opens you up to more liability if you are unaware of what the document is actually saying. If you cannot understand the language of... Texas law does not require you to understand the language that a document you are notarizing is in. This being said, it opens you up to more liability if you are unaware of what the document is actually saying.
If you cannot understand the language of the document, ensure you can communicate with the signer. If you cannot communicate with the signer, a translator should be present. Your job is still to confirm the identity of the signer, ensure they are not being coerced into signing the document and they fully understand what they are signing.
If a translator is required, remember to note their presence in your record book and have the translator sign the entry as well.
It is recommended the notarial certificate be completed in English, no matter the language of the document.
If the situation is reversed and the document is in English and the signer cannot speak English, the document needs to be translated to a language the signer can understand. A translator can be used for this process, as well. Remember, the translator needs to be like you, the notary, and have no bias or involvement in the transaction.
Another option which decreases the liability for all parties involved, would be an Affidavit of Translator. A translator would copy the document to English and sign an affidavit stating the translation fully mirrors the intent of the original document. You could then complete the notarization on either document, since they should be the same.
Though, notarizing a document in a foreign language which you cannot understand is not illegal, proceed with caution through the process to ensure you are completing your notarial duties completing.
If you cannot understand the language of the document, ensure you can communicate with the signer. If you cannot communicate with the signer, a translator should be present. Your job is still to confirm the identity of the signer, ensure they are not being coerced into signing the document and they fully understand what they are signing.
If a translator is required, remember to note their presence in your record book and have the translator sign the entry as well.
It is recommended the notarial certificate be completed in English, no matter the language of the document.
If the situation is reversed and the document is in English and the signer cannot speak English, the document needs to be translated to a language the signer can understand. A translator can be used for this process, as well. Remember, the translator needs to be like you, the notary, and have no bias or involvement in the transaction.
Another option which decreases the liability for all parties involved, would be an Affidavit of Translator. A translator would copy the document to English and sign an affidavit stating the translation fully mirrors the intent of the original document. You could then complete the notarization on either document, since they should be the same.
Though, notarizing a document in a foreign language which you cannot understand is not illegal, proceed with caution through the process to ensure you are completing your notarial duties completing.