Foreign Language Signers

Notaries frequently encounter situations where the document, the signer, or both involve a language other than English. Understanding how to handle these situations properly is essential for providing competent service while avoiding potential liability.

The Document's Language

Can a notary notarize a document in a foreign language?

Generally, yes. In most states, the notary does NOT need to understand the language of the document being notarized. The notary is certifying the signer's identity, willingness, and (for jurats) their oath — not the contents of the document.

However, there are important caveats:

• The notary must be able to identify the type of notarial act required (acknowledgment, jurat, etc.) — which may be difficult if the certificate wording is in a foreign language
• The notary should be able to identify the signer's name on the document to match it to their ID
• If the notary cannot determine the type of notarial act or the signer's name, they should refuse

Communication with the Signer

The notary MUST be able to communicate directly with the signer.

This is the critical rule. The notary must be able to:

1. Explain the notarization process to the signer
2. Confirm the signer's identity (ask their name, verify ID)
3. Assess willingness (determine the signer is acting voluntarily)
4. Administer an oath or affirmation (for jurats) and receive a verbal response
5. Assess awareness (determine the signer understands what they are signing)

If the notary and signer cannot communicate effectively in a shared language, the notarization should be refused.

The Translator/Interpreter Question

This is one of the most debated topics in notary practice:

Why most states prohibit translators:

• The notary cannot verify the accuracy of the translation
• The translator could misrepresent the notary's questions or the signer's answers
• The use of a translator introduces a potential point of fraud
• The notary cannot personally assess the signer's willingness and awareness if relying on a third party

Best Practice: If you cannot communicate directly with the signer in a shared language, decline the notarization and recommend they find a notary who speaks their language.

Certificate Language

The notarial certificate must be completed in English (or the state's official language), regardless of the document's language. This ensures that:

• Courts and recording offices can read and verify the certificate
• The notarization is legally effective within the state's legal system
• The certificate can be understood by all parties who may need to rely on it

On the Exam

Foreign language questions focus on:

• Notary does NOT need to understand the document's language
• Notary MUST be able to communicate with the signer
• Translators are prohibited in most states as a substitute for direct communication
• Certificate must be in English
• When in doubt, decline and refer to a bilingual notary