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Does anyone know about getting a signature notarized so that it will be recognized by a government department in the states?
If this is your signature we’re talking about, you can get that service at the U.S. Embassy in Pavas. There is a charge, however, so be warned.
You might want to check with that “government department in the states” to see just what they’ll accept. Almost all Costa Rican attorneys are also notaries and can perform this service which would be easier and cheaper for you. The question is whether their authentication will make the bureaucrats in the States happy.
[quote=”rf2cr”]Does anyone know about getting a signature notarized so that it will be recognized by a government d
epartment in the states?[/quote]
U. S. Embassy SAN JOSEI was a real estate attorney and land title examiner in Florida for over thirty years and dealt frequently with deeds and other instruments which had been executed in foreign countries. I’m NOT providing you with a legal opinion but I can give you my personal opinion and advice.
Legally, having your signature notatized before a notary public is called an “acknowlegment” and the requirements are governed by state law, not by federal law. Every state has its own laws and practices. All states have laws that allow instruments to be acknowleged before foreign notaries but the requirements aren’t necessarily the same, so a notary’s acknowlegement taken before a Costa Rican notary might have different requirements from state to state. To further complicate matters, the requirements may also differ depending on the type of instrument and whether it needs to be recorded (such as a deed) or accepted by the courts (such as a will).
By far, the easiest and safest way to have an instrument acknowledged is to go to the US embassy. If it’s not possible to do this, you should contact the the state agency or official that you are submitting the document to and ask what the specific requirements are for them to accept the foreign acknowlegement.
If you’re dealing with certain types of instruments, such as deeds and wills which I referenced above, the requirements are very strict and you really should contact an attorney in the state where the instrument is being presented.
For general information only, here are the requirements under Florida law for foreign acknowlegements of deeds and other instruments conveying an interest in real property:
“An acknowledgment made in a foreign country must be made before a commissioner of deeds appointed by the Governor of Florida to act in such country; before a civil-law notary or notary public of such foreign country who has an official seal; before an ambassador, envoy extraordinary, minister plenipotentiary, minister, commissioner, charge d’affaires, consul general, consul, vice consul, consular agent, or other diplomatic or consular officer of the United States appointed to reside in such country; or before a military or naval officer authorized by the Laws or Articles of War of the United States to perform the duties of a notary public. The certificate of acknowledgment must be under the seal of the officer. A certificate authenticating the signature of a person executing an instrument concerning real property and to which a civil-law notary or notary public of that country has affixed his official seal is sufficient as an acknowledgment. For the purposes of this section, the term “civil-law notary” means an official of a foreign country who has an official seal and who is authorized to make legal or lawful the execution of any document in that jurisdiction, in which jurisdiction the affixing of his official seal is deemed proof of the execution of the document in full compliance with the laws of that jurisdiction. See Section 695.03(3), F.S.
“As with acknowledgments made outside Florida but within the United States, it is irrelevant whether the law of the place the acknowledgment was taken authorizes other officers to take acknowledgments; that is, Florida law governs what instruments are entitled to be recorded in Florida.
“NOTE: An instrument containing a certificate of acknowledgment in a foreign language should have recorded with it a certified English translation of the acknowledgment.”
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