I want you to put your seal on this
document – why wouldn’t you?
First, was
notarization required in the first place? If the document you had in hand did
not specify the need for notarization, it probably does not need to be sealed. You
are more than welcome to consult with your notary/lawyer, but do read below.
There is a
general misconception that the public have with respect to notarial seals. Our
notarial seals do not have magic powers, and having our seal on the document
will not make the document somehow more powerful. Notaries are trained to determine when the application of the seal is required. If you bring us a legally
defective document (i.e. affidavits that lack the proper wordings, or
formatting), we will not swear the document, nor seal the document.
If you will
indulge me, our notarial seals are like firearms to a law enforcement officers,
or prescription pads for healthcare professionals. Before we use our seals (or
firearms/prescription pads per the above analogy), we exercise our professional
judgement as to whether the document is suitably drafted. Just like law
enforcement officers and healthcare professionals who are called to court, or
their regulatory bodies for inquiries as to why they choose to use their tools
of trade, we are also subject to the same scrutiny. If we do not believe the
document should be notarized, it is because we arrived at that conclusion based
on our professional judgement.I have listed a few reasons below (by no means exhaustive):
·
You
didn’t have the proper identifications (at least two pieces of
identification, one must be a valid government-issued identification) for us to ensure you are who you say you are. [1]
·
If
you brought us a document in a language that we don’t understand – we will most
likely refer you to a notary or lawyer that can understand that language
·
You
don’t understand what it is you brought to us, or do not understand the
consequences of signing the document. [2]
· Your document is legally ineffective. This could be due to improper drafting, incorrect use of legal languages, or simply because the document you had in mind is not something that can be properly made into the form you wanted.
· You
did not appear in person to meet with us. We cannot notarize documents over the
phone, fax or email.
·
You
are a Freeman-of-the-Land (FOTL), or formally known as the Organized Pseudolegal Commercial Argument Litigant (OPCAL), and you brought us demands,
protests or other legally ineffective documents for us to notarize.[3] Both the Law Society of BC and the Society of
Notaries Public of BC have warned their members not to notarize such documents,
or face disciplinary actions that could lead to losing our license to practise
law. [4]
As notaries, we cannot help to make your tax or criminal problems go away, nor can we help you sue
or defend you in court. If you have such a need, you should consult with a
lawyer about the proper course of action.
· You
refuse to swear an oath or affirm the declaration, when it is required for the
purposes of the document.
· We
have reasons to believe you intend to perjure yourself in an affidavit or
statutory declaration. Perjury is a Criminal Code of Canada offence, and carries a maximum penalty of 14 years in penitentiary.
·
We
have reasons to believe the document is being used for improper or illegal
purposes.[5]
·
We
have reasons to doubt whether you are signing the document willingly, without
being coerced or induced into signing before us. [6]
· The
document is beyond our competence as notaries.[8]
Criminal or family matters must be dealt with by lawyers.
·
Other
matters that our professional judgement have determined not to notarize the
document.
[1] Principles
for Ethical & Professional Conduct (3G-1), Society of Notaries Public
of British Columbia
[2] Principles
for Ethical & Professional Conduct (4G-3) , Society of Notaries Public
of British Columbia
[3] Principles
for Ethical & Professional Conduct (2G-2) , Society of Notaries Public
of British Columbia
[4] The Freeman-on-the-Land movement. (2012, January). Practice Tips. Retrieved July 15, 2014, from http://www.lawsociety.bc.ca/page.cfm?cid=2627
[5] Principles
for Ethical & Professional Conduct (2G-1) , Society of Notaries Public
of British Columbia
[8] Principles
for Ethical & Professional Conduct (4-G2.1) , Society of Notaries
Public of British Columbia
No comments:
Post a Comment