9.1 Foreign Language Signers

The Document's Language

A notary public authenticates the act of signing — the signer's identity, willingness, and (for a jurat) their oath — not the meaning of the words on the page. For that reason, in nearly every state a notary may notarize a document written in a foreign language even though the notary cannot read it.

There are two practical limits the exam loves to test:

• The notary must still be able to identify the type of notarial act required. If the pre-printed certificate is in Spanish or Chinese and the notary cannot tell whether it calls for an acknowledgment (the signer confirms they signed) or a jurat (the signer swears the contents are true), the notary cannot proceed.
• The notary must be able to match the signer's name on the document to the signer's identification. If the name cannot be located or read, the notary should decline.

A safe workaround: attach a separate, loose English certificate so the notarial wording the notary actually relies on is in a language the notary reads.

Direct Communication Is Mandatory

This is the single most heavily tested rule in the section. The notary must be able to communicate directly, one-on-one, in a shared language with the signer to:

1. Explain the notarial process and what is about to happen
2. Confirm identity (ask the signer's name, compare to the ID)
3. Assess willingness — is the signer acting voluntarily, free of coercion?
4. Administer an oath or affirmation for a jurat and receive a spoken response
5. Assess awareness — does the signer appear to understand they are signing

If the notary and signer have no common language, the notary cannot verify any of these things, so the notarization must be refused.

The Translator/Interpreter Question

Why most states forbid translators:

• The notary cannot verify the accuracy of what the translator says.
• A translator could misstate the notary's questions or the signer's answers — intentionally or accidentally.
• Relying on a third party makes it impossible for the notary to personally judge willingness and awareness.
• The translator may be the very person exerting undue influence (e.g., a relative who benefits from the document).

The verbal ceremony — especially the oath in a jurat — must never be delegated, no matter how trustworthy the translator seems.

Certificate Language

The notarial certificate must be completed in English (or your state's official language). This is true even when the body of the document is foreign. English wording ensures that:

• Recorders, courts, and county clerks can read and accept the certificate
• The notarization is legally effective inside the state's legal system
• Any later party relying on the document can verify the act

The notary's journal entry is likewise kept in English, recording the signer's name, ID, date, and the type of act.

Worked Scenario

A signer hands you a deed printed entirely in Korean. The signer speaks fluent English, the attached certificate is a standard English acknowledgment, and the signer's name on the deed matches the driver's license. You may proceed — you communicate directly, you can identify the act, and the certificate is in English. The Korean body text is irrelevant to your duties.

Change one fact: the signer speaks only Korean and offers a bilingual friend to translate. Now you must decline in nearly every state, because direct communication is impossible and a translator cannot substitute for it. The professional response is to refer the signer to a Korean-speaking notary.

Why Direct Communication Trumps Everything

It helps to remember why the rule is so strict. The notarial act exists to deter fraud and provide reliable evidence in court. If a notary cannot personally hear the signer say "yes, I understand and I want to sign this," the act provides no real assurance. A relayed answer through a translator is hearsay twice over — the notary never actually receives the signer's genuine response. That is why even a sworn, professional courtroom interpreter is generally insufficient: the notary, not the interpreter, is the public officer whose seal vouches for the act.

Note the deliberate contrast with disability accommodations in Section 9.2: a sign language interpreter for a deaf signer is generally allowed, but a spoken-language translator for a foreign-language signer is generally barred. The difference is policy, not logic — states treat disability accommodation as a civil-rights obligation while treating spoken-language gaps as a reason the notary simply is not the right officer for this signer.

Documents Going Abroad

Foreign-language notarizations frequently involve documents headed to another country. Two related concepts often appear on the exam:

• Apostille — a certificate issued by the Secretary of State authenticating the notary's signature and seal for use in countries that are members of the Hague Apostille Convention. The notary does not issue the apostille; the notary's job is simply to perform a correct notarization that the state can later authenticate.
• Authentication / legalization — the multi-step process used for non-Hague countries. Again, the notary's only role is a clean underlying act.

A flawed certificate (wrong wording, missing seal, illegible name) can cause an entire international transaction to be rejected, so the English certificate must be complete and accurate.

Common Traps

• Thinking you must read the document — you do not; you must read your certificate and identify the act.
• Accepting a friend or relative as a translator outside Arizona.
• Completing the certificate in the document's foreign language.
• Notarizing when you cannot locate the signer's name on the instrument.
• Confusing the notary's job with issuing an apostille — that is the Secretary of State's role.

On the Exam

• Foreign-language document alone: usually OK to notarize.
• No shared spoken language with the signer: refuse and refer.
• Translators: prohibited in most states (Arizona excepted).
• Certificate: always English (or the official state language).