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 Can I notarize a photo?
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edelske

New York
815 Posts

Posted - 12/25/2010 :  4:34:30 PM  Show Profile  Visit edelske's Homepage  Reply with Quote
Jeremy,
You're dealing the cards (the original post) so:

I'll see your photo and raise you a fish!

Actually happened to me - lotsa strange things happen in New York City - where most anything goes.

The call was to notarize at a fishing contest. But the camera broke and the borrower, err, fisherman wanted a photo notarized to document his catch. But no camera!

No problem for this notary. I carry a Sharpie (usually used to VOID a notarization). I had the angler write his "I caught this fish" directly on the fish, with date and signature.

I proceeded to staple an acknowledgment to the fish's tail.

To avoid "fish tales" - I also embossed the "loose ack" to the fish tail.

However, I made it quite clear that I would NOT take that particular notarization to the County Clerk for authentication of my signature!

Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com
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crtowles

California
553 Posts

Posted - 05/28/2010 :  4:01:31 PM  Show Profile  Reply with Quote
Well... If the signer has made a photographic copy and has attached a statement along with it. It would be the statement with his/her signature regarding the photograph that the notary would be notarizing.

Carmen
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Lisa T.

California
391 Posts

Posted - 05/19/2010 :  6:57:28 PM  Show Profile  Visit Lisa T.'s Homepage  Reply with Quote
Maybe the jailer doesn't know he/she is breaking the law, he/she is just following a directive handed down Someone should write to the SOS and let them know they are requiring this and maybe the SOS will send out a letter to all CA lock up facilities letting them know that a notarial seal only goes with a notarial certificate.
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PWinFL

Florida
469 Posts

Posted - 05/19/2010 :  10:16:38 AM  Show Profile  Visit PWinFL's Homepage  Reply with Quote
I think the intent of the original post was about notarizing that a photograph is something like what you said. (I think what the question means is "Can I, as a notary, certify that a photo is a good likeness of a certain person?") I do not think the intent was to disallow the use of a photograph in a statement or as an attachment to a document. Remember, a notary does not notarize an object, but the signature of a signer. (With some exceptions.)

The Florida Governor's Reference Manual for Notaries (2001) sums it up very clearly, at least for Florida notaries.
quote:
Occasionally, you may be asked to “notarize” a photograph. Please be aware that certifying or notarizing photographs is not an authorized notarial act under Florida law.

You may, however, notarize a person’s signature on a written statement concerning the photograph. For example, if John Doe wants to certify that the person in a particular photograph is John Doe, he could sign a sworn written statement stating that the photograph is of John Doe. You could then notarize his signature on that statement in the same way that you notarize any sworn written statement.

His statement could be made on the back of the photograph or on a separate paper to be attached to the photograph. Keep in mind that you should not certify or attest that the person in the photograph is John Doe. Rather, you should certify that the statement concerning the photograph was signed and sworn to in your presence by John Doe. This is accomplished by using the standard notarial certificate (jurat) provided in the Florida Statutes for oaths. Remember, you should never apply your notary seal to and sign any document without completing a proper notarial certificate.



Never drive any faster than your guardian angel can fly.

I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.


Visit us online at http://www.PAWnotary.com
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Maple

51 Posts

Posted - 05/19/2010 :  09:08:40 AM  Show Profile  Reply with Quote
"Can I notarize a photo?" isn't a very clear phrase. I think what the question means is "Can I, as a notary, certify that a photo is a good likeness of a certain person?" One can imagine endless situations where a photo is part of a notarized document. For example, the document might be a contract giving a copyright license from a photographer to a publisher, and a copy of the photo might be part of the document. I can't see why a notary couldn't take the acknowledgment of the photographer and/or publisher.
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jbelmont

California
3106 Posts

Posted - 05/19/2010 :  12:47:13 AM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
No! However, some people want you to affix your seal to the back of a photo. You have probably been trained not to do that. However, if you void the notary seal very emphatically, then its not such a terrible thing to do. Many jails will not let you in without the notary stamping the back of a 3" by 3" piece of paper. Life is not fair. The jailers force you to break the law! They belong in jail and they are in jail -- at jail, close enough!

You can notarize a statement where the signer claims that the photo is a true photo of themselves, and staple the photo to the Jurat form. You could emboss the photo and jurat form together too.

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