As a notary public, you may encounter signers who do not speak English fluently or at all. These situations require special attention to state laws, communication barriers, and ethical considerations. While notaries must ensure that signers understand the document they are signing, they cannot act as interpreters or offer legal advice.
This guide explains what is allowed and not, how to work with interpreters, and when you must decline notarization.
Can a Notary Notarize for Someone Who Doesn’t Speak English?
Yes, but only under certain conditions. The signer must be able to communicate directly with the notary and understand the document they are signing.
Scenario | Can the Notary Proceed? | Solution |
---|---|---|
The signer speaks some English and understands the document. | Yes | Proceed as normal. |
The signer speaks no English, but the notary speaks their language. | Yes | Proceed in the shared language. |
The signer does not speak English, and the notary does not speak their language. | No | A third-party interpreter may be needed (if allowed by state law). |
The signer does not understand the document, even in their language. | No | The notary must refuse the notarization. |
The key requirement is that the signer must be aware of what they are signing and able to communicate directly with the notary.
Using an Interpreter: What’s Allowed?
Some states allow an interpreter during a notarization, while others require direct communication between the notary and the signer.
Rule | Allowed? |
---|---|
The notary must communicate directly with the signer whenever possible. | Yes |
The notary must ensure the signer understands the document if an interpreter is used. | Yes |
The interpreter cannot be a party to the transaction (to avoid conflicts of interest). | Yes |
The interpreter should not summarize—only translate precisely what is said. | Yes |
Notaries cannot rely on an interpreter if state laws prohibit it. | No |
States That Require Direct Communication (No Interpreter Allowed)
Some states, such as California, require notaries to communicate directly with the signer in a language they both understand. The notarization must be refused if the notary and signer cannot communicate.
Always check your state’s notary laws before proceeding with an interpreter.
How to Properly Identify a Non-English Speaker
Identification requirements remain the same, regardless of the signer’s language. The notary must verify the signer’s identity using an acceptable form of identification.
Identification Type | Acceptable? |
---|---|
Government-issued photo ID (driver’s license, passport, or state ID). | Yes |
Foreign passports (allowed in some states). | Yes |
Credible identifying witnesses (if permitted by state law). | Yes |
Expired government-issued ID. | No |
ID without a photograph. | No |
Best Practices for ID Verification
- Ensure the name on the document matches the ID.
- Confirm that the signer appears to understand the situation.
- Ask basic questions to verify that the signer is signing willingly.
The notary must refuse the notarization if the signer cannot produce acceptable identification.
Notary Certificate Wording for Non-English Signers
The notary certificate must still be completed in English (or the official state language) when notarizing for a non-English-speaking signer.
What Notaries Can & Cannot Do with Notarial Certificates
- The notary can explain what the certificate states (without interpreting legal content).
- The certificate must be written in English, even if the document is in another language.
- The signer may write in another language, but the notarial act is permanently recorded in English.
- The notary cannot translate or alter the notarial wording.
If a document is in a foreign language, the notary does not need to understand its content—only that the signer appears aware of what they are signing.
When to Refuse a Notarization
There are cases when a notary must refuse service for a non-English speaker.
Reason to Decline Notarization | Required Action |
---|---|
The signer does not understand the document. | Refuse the notarization. |
The notary cannot communicate with the signer, and an interpreter is not allowed. | Refuse the notarization. |
The signer appears coerced or unwilling to sign. | Refuse the notarization. |
The signer cannot provide acceptable identification. | Refuse the notarization. |
The document has missing information that the signer cannot fill out. | Refuse the notarization. |
Refusing a notarization protects the signer and the notary from potential legal issues.
Best Practices for Notarizing for Non-English Speakers
Checklist Item | Action |
---|---|
Confirm that the signer understands the document before proceeding. | Required |
Check your state’s laws regarding the use of interpreters. | Required |
Verify identification properly. | Required |
Ensure the notarial certificate is in English. | Required |
Document any crucial details in your notary journal. | Required |
Do not act as an interpreter or read the document to the signer. | Required |
Notaries can ensure compliance by following these best practices while providing professional and ethical service.
FAQs About Notarizing for Non-English Speakers
Can a document be in a foreign language?
Yes. As long as the notarial wording is in English, the notary does not need to understand the document’s content.
Can I notarize if the signer speaks very little English?
Yes, if the signer understands what they are signing. If not, the notary must refuse.
Can I notarize if I don’t speak the signer’s language?
It depends on state law. Some states allow interpreters, while others require direct communication.
Can I translate a document for a signer?
No. Notaries cannot translate or explain document contents—this is considered an unauthorized practice of law (UPL).
What if the signer asks me to read the document to them?
No. The notary cannot read, summarize, or interpret a document. The signer must already understand what they are signing.
Notarizing for Non-English Speakers: Know the Rules and Stay Compliant
State laws, direct communication, and proper identification are key when handling notarizations for non-English-speaking signers. Notaries must never act as interpreters or allow a notarization if the signer does not understand the document.
Key Takeaways
- The signer must understand the document before notarization.
- Some states allow interpreters; others require direct communication.
- Notarial wording must always be in English (or the official state language).
- Notaries cannot translate, summarize, or read documents for the signer.
- If in doubt, refuse the notarization.
Notaries can provide ethical, legal, and professional services to all clients by following these guidelines.
For more state-specific notary laws and best practices, visit the Notary Public Association.