TOWN HALL MEETING FOR U.S. CITIZENS

[Doyle Phillips]

My suggestion:

Make it possible to permit U.S. certified Notary Publics to operate anywhere in M?xico and their notarized documents be valid in all U.S.

It's a pain to go to the consul in Mickey D and wait to pay a $30 dollar fee--sometimes $30 per page I've been told. The too-high fee is something else to discuss at the meeting.

Please RSVP at / Por favor confirme su asistencia: VirtualConsulateMex@state.gov


TOWN HALL MEETING FOR U.S. CITIZENS


Reuni?n para Ciudadanos Estadounidenses

Guanajuato, Gto.


The U.S. Embassy in Mexico invite all U.S. Citizens to attend a Town Hall Meeting in the city of Guanajuato.

We will discuss how the Consular Section can assist U.S. Citizens. Attendees will have an opportunity to ask questions.

Please encourage all U.S. Citizens with whom you come in contact to attend.


Tuesday, June 8, 2010 / Martes, 8 de junio, 2010
17:30 hrs

Address / Direcci?n: Restaurante Tasca de la Paz

Plaza de la Paz #28, Col. Centro, C.P. 36000. Guanajuato, Gto.

Tel. (473) 7-34-22-25



La Embajada de Estados Unidos en M?xico invitan a todos los Ciudadanos Estadounidenses a una reuni?n

en la ciudad de Guanajuato en la que hablaremos acerca de Servicios Consulares. Los asistentes tendr?n oportunidad de hacer preguntas.

Favor de compartir esta informaci?n con Ciudadanos Estadounidenses con quienes tengan contacto.



Virtual Presence Post / Representaci?n Diplom?tica Virtual

English: http://elbajio.usvpp.gov/ Espa?ol: http://spanish.elbajio.usvpp.gov/



Please RSVP at / Por favor confirme su asistencia: VirtualConsulateMex@state.gov

Tel. (55) 50-80-20-00 ext 4369



* Travel REGISTRATION https://travelregistration.state.gov/ibrs

Travel registration is a free service provided by the U.S. Government to U.S. Citizens who are traveling to, or living in, a foreign country. Registration allows you to record information about your upcoming trip abroad that the Department of State can use to assist you in case of an emergency. U.S. Citizens residing abroad can also get routine information from the nearest U.S. Embassy or Consulate.

El registro de viajes es un servicio gratuito que ofrece el Gobierno de Estados Unidos a Ciudadanos Estadounidenses que viajan o viven en el extranjero. Registrarse nos permite contar con su informaci?n de contacto y de su viaje al extranjero de manera que el Departamento de Estado pueda asistirle en caso de emergencia. Adem?s, los Ciudadanos Estadounidenses que residan en el extranjero, regularmente pueden recibir informaci?n de la Embajada o Consulado m?s cercano.

[mr bill]

Doyle, This is a great subject to discuss and the Consular meeting in Guanajuato is long overdue - the last one I can remember was with the Colonel several years ago and it was well attended.

It is my understanding that notaries are appointed at state level instead of as national level appointees. Certain states and territories [Louisiana and Puerto Rico] operate under Civil or Roman law and their notarial system differs from the rest of the country which operates under Common Law. I think having access to any state appointed notary here would be an asset to the community and documents notarized in one state are generally accepted in the others. I have long-hoped that someone with the right qualifications/connections would seek a notary appointment in their home state sometime when they are visiting north of the border.

I have written to the national Notary Association to see if there are any other options open to ex-pats. On their site there is also a state-by-state list of what it takes to qualify as a notary: http://www.nationalnotary.org/howto/inde...owtonotary

Good luck with the town meeting ? as much as I?d like to attend I?ll be in a log cabin in Wisconsin

[GTOROCKS RACING TEAM]

Interesting convention...See you there :D

[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
====
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

[mr bill]

But there's another wrinkle - even if someone were to become a Commissioner of Deeds and whose state allowed extraterritorial administration the Commissioner's acts have to be allowed under local law.

"Possible Repercussions of American Notaries or Other Persons Notarizing Documents Abroad: Notarizing documents by a person not empowered by treaty or local (foreign) law to perform such acts may result in the arrest of a commissioner of deeds of American notary, even through the act is authorized by the laws of the commissioner or notary''s home state. The Department of State is concerned that, in the exercise of their powers, state commissioners of deeds or notaries public may unknowingly violate the judicial sovereignty of a foreign country by usurping the functions of duly authorized foreign officials. All U.S. Foreign Service posts are therefore instructed to advise the Department of State of the operation of any American commissioners of deeds or notaries public in their consular districts." http://travel.state.gov/law/info/info_630.html

[meroberts]

Doyle and everyone,

I am pleased to inform you that after the meeting, the Embassy staff came to Casa Valad?s where I was enjoying a nice "Frapuchino." They invited me to join them for dinner and I had the opportunity to share with them some of the other concerns that we all have, as well as the difficulty of getting documents notarized that require a U.S. notary.

They offered to check into it for us and since I volunteered to be the liaison between the Embassy and Gto., I will try to have a closer contact with them on our behalf. I will keep you all posted.

Martha
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My suggestion:

Make it possible to permit U.S. certified Notary Publics to operate anywhere in M?xico and their notarized documents be valid in all U.S.

It's a pain to go to the consul in Mickey D and wait to pay a $30 dollar fee--sometimes $30 per page I've been told. The too-high fee is something else to discuss at the meeting.

Please RSVP at / Por favor confirme su asistencia: VirtualConsulateMex@state.gov


TOWN HALL MEETING FOR U.S. CITIZENS


Reuni?n para Ciudadanos Estadounidenses

Guanajuato, Gto.


The U.S. Embassy in Mexico invite all U.S. Citizens to attend a Town Hall Meeting in the city of Guanajuato.

We will discuss how the Consular Section can assist U.S. Citizens. Attendees will have an opportunity to ask questions.

Please encourage all U.S. Citizens with whom you come in contact to attend.


Tuesday, June 8, 2010 / Martes, 8 de junio, 2010
17:30 hrs

Address / Direcci?n: Restaurante Tasca de la Paz

Plaza de la Paz #28, Col. Centro, C.P. 36000. Guanajuato, Gto.

Tel. (473) 7-34-22-25



La Embajada de Estados Unidos en M?xico invitan a todos los Ciudadanos Estadounidenses a una reuni?n

en la ciudad de Guanajuato en la que hablaremos acerca de Servicios Consulares. Los asistentes tendr?n oportunidad de hacer preguntas.

Favor de compartir esta informaci?n con Ciudadanos Estadounidenses con quienes tengan contacto.



Virtual Presence Post / Representaci?n Diplom?tica Virtual

English: http://elbajio.usvpp.gov/ Espa?ol: http://spanish.elbajio.usvpp.gov/



Please RSVP at / Por favor confirme su asistencia: VirtualConsulateMex@state.gov

Tel. (55) 50-80-20-00 ext 4369



* Travel REGISTRATION https://travelregistration.state.gov/ibrs

Travel registration is a free service provided by the U.S. Government to U.S. Citizens who are traveling to, or living in, a foreign country. Registration allows you to record information about your upcoming trip abroad that the Department of State can use to assist you in case of an emergency. U.S. Citizens residing abroad can also get routine information from the nearest U.S. Embassy or Consulate.

El registro de viajes es un servicio gratuito que ofrece el Gobierno de Estados Unidos a Ciudadanos Estadounidenses que viajan o viven en el extranjero. Registrarse nos permite contar con su informaci?n de contacto y de su viaje al extranjero de manera que el Departamento de Estado pueda asistirle en caso de emergencia. Adem?s, los Ciudadanos Estadounidenses que residan en el extranjero, regularmente pueden recibir informaci?n de la Embajada o Consulado m?s cercano.

[meroberts]

If that is the case, we can try to find a another way to resolve this dilemma. It is expensive to travel to SMA just for a signature that will be accepted in the US. What have people done in the past? I have had several documents to notarize but I go to SMA twice a week and I just came back from McAllen where I was able to notarize two of them. I say nothing is impossible if we just pursue it. Anyone wants a challenge out there? :)
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But there's another wrinkle - even if someone were to become a Commissioner of Deeds and whose state allowed extraterritorial administration the Commissioner's acts have to be allowed under local law.

"Possible Repercussions of American Notaries or Other Persons Notarizing Documents Abroad: Notarizing documents by a person not empowered by treaty or local (foreign) law to perform such acts may result in the arrest of a commissioner of deeds of American notary, even through the act is authorized by the laws of the commissioner or notary''s home state. The Department of State is concerned that, in the exercise of their powers, state commissioners of deeds or notaries public may unknowingly violate the judicial sovereignty of a foreign country by usurping the functions of duly authorized foreign officials. All U.S. Foreign Service posts are therefore instructed to advise the Department of State of the operation of any American commissioners of deeds or notaries public in their consular districts." http://travel.state.gov/law/info/info_630.html

[Doyle Phillips]

Bill i believe you have my email address. I seem to have lost yours. I have a comment on the subject of notary publics. --Doyle Phillips

If that is the case, we can try to find a another way to resolve this dilemma. It is expensive to travel to SMA just for a signature that will be accepted in the US. What have people done in the past? I have had several documents to notarize but I go to SMA twice a week and I just came back from McAllen where I was able to notarize two of them. I say nothing is impossible if we just pursue it. Anyone wants a challenge out there? :)
---------------------------------------------------------------------
But there's another wrinkle - even if someone were to become a Commissioner of Deeds and whose state allowed extraterritorial administration the Commissioner's acts have to be allowed under local law.

"Possible Repercussions of American Notaries or Other Persons Notarizing Documents Abroad: Notarizing documents by a person not empowered by treaty or local (foreign) law to perform such acts may result in the arrest of a commissioner of deeds of American notary, even through the act is authorized by the laws of the commissioner or notary''s home state. The Department of State is concerned that, in the exercise of their powers, state commissioners of deeds or notaries public may unknowingly violate the judicial sovereignty of a foreign country by usurping the functions of duly authorized foreign officials. All U.S. Foreign Service posts are therefore instructed to advise the Department of State of the operation of any American commissioners of deeds or notaries public in their consular districts." http://travel.state.gov/law/info/info_630.html