Notary & Apostille

NoTary - aka yes this is a real signature

Might as well jump right into this one. First of all you got to know your rights.  The State of California and I bet most states now regulate this aspect of documentation.  I do remember 30 years ago when getting a notary was a simple as reading a book and going down to the county registrar and filling out an application.  Well it is big business now.  Heck they even have on the codes the price you can charge.  Not to bad but remember this is per signature and it can add up quickly.

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=6917896482+0+0+0&WAISaction=retrieve

CALIFORNIA CODES
GOVERNMENT CODE
SECTION 8200-8230

8211. Fees charged by a notary public for the following services shall not exceed the fees prescribed by this section.

(a) For taking an acknowledgment or proof of a deed, or other instrument, to include the seal and the writing of the certificate, the sum of ten dollars ($10) for each signature taken.

(b) For administering an oath or affirmation to one person and executing the jurat, including the seal, the sum of ten dollars ($10).

Finding your Notary

How about some scenarios.  Some Kinko's offer Notary service.  As you can see there is a set fee that they can charge for the Notary.  That does not mean that they can't add on extra fees in doing the transaction, it just gets called another user type fee.  Ever make sense of your phone bill?  If you have a cell phone why does the city tax you?  It is not as though the city is doing anything to earn this fee that they charge.  Wouldn't you be better off using a PO Box in some city that has a really low tax rate - say somewhere in Nevada?  dang it getting off track here.  Another option is going to a bank.  Now some banks will only notarize their own records and won't go willy-nilly notarizing papers that have nothing to do with them.  Keep in mind that all the signers of the paper have to be there to sign too.  If you have a credit union you will find that they are more accommodating than your local, ah hem, Wells Fargo or WaMu, after all the credit union is your bank while the others are a business and the business is $$.  Ask your friends if they are a notary.  We hit the jackpot as one of our friend is a notary.  We decided to use, and I mean use, her as our primary source for the notary.  Strike a deal.  A grip can be saved.  Just how much.  Well for the use of our laundry machine and a few dinners this is what we have rung up.

Home Study Agency, approximately 12 forms needed notary signature and stamps.  Minimum notary cost $120.  Our cost, 2 dinners.

Adoption Agency, approximately 49 forms needed notary signatures and stamps.  Minimum notary cost $490.  Our cost, 3 loads of laundry.

Grand total just for notary ~$600.

Now our notary either came to us or we met after church or at a mutual friend house.  The real money is in the travelling notary business.  There are not fee restrictions for a travelling notary.  This is a notary that will, come to your house or meet you at a mutual location.  Check the yellow pages, the travelling rate ranges anywhere from $35 to see you to upwards of $100, plus the standard notary fee. 

Sob Story

So we thought we were almost done with getting everything done.  Take a close look at your notary.  It is best if their commission does not come for at least a year better to have two (2) from the date of the signature.  A couple of ours come due later this year and guess what.  That's right folks.  They sent the papers back to get them notarised again.  This was not our friends notary but the notary from the local police department 2x and one from a place of employment 1x.  For a second I thought I would have to get the reports redone but there is a way to just get a lead sheet put on them, you sign it and then get that notarise.  True and Valid report seems to be the words to use.  Cha-ching $30 more please.

Notarizing the Notary - just what the bloody heck is an Apostille?

the following is an excerpt from the State of California web site:

http://www.sos.ca.gov/business/notary/notary_authentication.htm

Notary Public
Authentication Information
Apostille or Certification

The California Secretary of State provides authentication of public official signatures on documents to be used outside the United States of America. The country of destination determines whether the authentication is an Apostille or Certification.

The California Secretary of State can only authenticate documents issued in the State of California by the following public officials and their deputies:
County Clerks or Recorders
Notaries Public

Some examples of documents submitted for authentications are:

Birth Certificates
Marriage Licenses
Papers for adoption purposes
Certificates of Non-Marital Status
Powers of Attorney

Documents submitted to the Secretary of State for authentication must be currently certified by the appropriate public official or must be notarized by a California Notary Public.

Any document executed by County Health Officers and County Local Registrars can be authenticated only if the document is first certified by the county clerk/recorder.

To avoid delays that may result from out-of-date documents, a document certified by a county official (e.g. county clerk) should have a certification date within the last five years or a new certified copy should be obtained from the appropriate county official.

The customer must identify the country of destination when the documents are submitted to the Secretary of State. If documents are submitted by mail to the Sacramento office, a letter identifying the country of destination must accompany the documents. To facilitate the processing of documents submitted by mail, please include a self-addressed envelope.

There is a $20.00 processing fee (per signature authenticated) and a $6.00 special handling fee (per public official for documents submitted over the counter).

Clear?

Well the Apostille notarizes the notary signature.  It verifies to a higher level the signature of the notary.  It says yep this notary is really authorised to stamp these papers.  Instead of being at a county of city level you have now travelled up to the state level.  I equate an Apostille as being out sick during grade school.  Generally a parents note would be ok.  If the school played hardball then they would also ask for a note from the doctor.  Not a good enough analogy, ok how about. The crime scene investigator says that is your fingerprint on the gun.  Just to make sure the print , the gun and a copy of your prints are sent to the FBI and now the FBI says yep the results that the local police force said are true that is really your print we concur.

The cost of this the Apostille is even steeper than the notary.  Oh it gets good.  In some states, not California mind you the rate is only $5, yes I do have a $5 Apostille from another state.  In some states it is even cheaper if you tell them that the Apostille is for an Adoption, I paid $3 in one state, not so in California.  How much will the Apostille run.  I don't know.  I am still waiting for a bill from the Adoption Agency.  It depends on how the state of California decides to break down the paperwork.  For California I have about 5 unique State of California notary signatures that are to be verified.  I could get a bill for $100.  However, that signature is on various forms, letters, photographs and it would not surprise me one bit if they consider each signed document as a signature.  In that case I have over 49 documents for the adoption and that will skyrocket the cost to almost $1000.  Seeing how cash strapped the state of Kali-forn-ya is I wonder just what the rate will be.

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