TOWN HALL MEETING FOR U.S. CITIZENS

[mr bill]

Here is an anwser I received from the National Notary Associaton:

Bill,

I can provide some clarification on your question. The only cases where a person who has been commissioned by a U.S. state to a Notary commission could perform notarial acts outside of the U.S. are in the following states: (1) Florida, if the Notary was what is called a ?civil law Notary? (essentially an attorney who has been granted a civil law Notary commission); (2) Virginia and (3) Kentucky, for persons who have a ?Special Commission.? In the cases of Virginia and Kentucky, the document must be presented for record in the state.

A few states still commission what are known as commissioners of deeds, who can notarize a document anywhere in the world if the document is to be filed back in the state where the person is commissioned.

Other than these cases, I do not know of any other states that allow their Notaries to notarize outside the jurisdictional boundaries of the state in which they are commissioned.

Regards,

William A. Anderson
Vice President, Best Practices and eNotarization
818.739.4064 | banderson@nationalnotary@nationalnotary.org

National Notary Association
9350 De Soto Ave. | Chatsworth, CA 91311-4926
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New Hampshire is one state that allows Commissioners of Deeds and one -must not be- a New Hampshire resident http://www.sos.nh.gov/deeds.htm.

There is a limitation to a document's acceptance as notarized - documents sealed by a Commissioner of Deeds are only for filing within the state said commissioner has his/her appointment. http://en.wikipedia.org/wiki/Commissioner_of_deeds

Here's CoD info for Texas:
SUBCHAPTER B. COMMISSIONER OF DEEDS

Sec. 406.051. APPOINTMENT. (a) The governor may biennially appoint and commission one or more individuals in other states, territories, or foreign countries or in the District of Columbia to serve as commissioner of deeds.

(b) An appointment may be made only on the recommendation of the executive authority of the state, territory, or foreign country or of the District of Columbia.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.


Sec. 406.052. TERM. The term of office of a commissioner of deeds is two years.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 406.053. OATH. Before performing the duties of office, a commissioner of deeds shall take and subscribe an oath to well and faithfully perform the duties of office under the laws of this state. The oath shall be:

(1) taken before the clerk of a court of record in the city, county, or country in which the commissioner resides;

(2) certified to by the clerk under the clerk's hand and seal of office; and

(3) filed in the office of the secretary of state of this state.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 406.054. SEAL. A commissioner of deeds shall provide a seal with a star of five points in the center and the words "Commissioner of the State of Texas" engraved on the seal. The seal shall be used to certify all official acts of the commissioner of deeds. An instrument that does not have the impression of the seal, or an act of the commissioner of deeds that is not certified by the impression of the seal, is not valid in this state.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 406.055. AUTHORITY. A commissioner of deeds has the same authority as a notary public to take acknowledgments and proofs of written instruments, to administer oaths, and to take depositions to be used or recorded in this state.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
http://www.statutes.legis.state.tx.us/SO...GV.406.htm