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Alabama
Outside United States. - Judge of court of record;
mayor or chief magistrate of city, town, borough or county; notary public;
diplomatic, consular or commercial agent of United States (35-4-26).
Alaska
Outside State. - Notarial acts, including
acknowledgments, performed outside state will be recognized if performed by
authorized notary public, justice, judge, magistrate, clerk or deputy clerk
of court of record in place in which notarial act is performed, officer of
foreign service of U.S., consular agency, or person authorized by regulation
of Department of State, or other persons authorized to perform notarial acts
in place in which act is performed. (09.63.050).
Arizona
Outside United States. - U.S. foreign service
officer; consular agent; other person authorized by Department of State;
foreign notary public with proof of authority. (33-501 to 33-502).
Arkansas
Outside U.S. - The acknowledgment of any instrument
may be made without the United States before: (1) An ambassador, minister,
charge d'affaires, counselor to or secretary of a legation, consul general,
consul, vice-consul, commercial attache, or consular agent of the United
States accredited to the country where the acknowledgment is made.
(16-47-204)
California
Without United States. - May be made before
minister, commissioner or charg'e d'affaires of United States, resident and
accredited in country where made; consul, vice-consul or consular agent of
United States resident in country where made; a judge of court of record of
country where made; commissioners appointed by Governor or Secretary of State
for that purpose; or notary public. If before notary public, notary public's
signature shall be proved or acknowledged: (1) Before judge of court of
record of country where proof or acknowledgment is made, or (2) by any
American diplomatic officer, consul general, consul, vice consul or consular
agent, or (3) by apostille (certification) affixed to instrument pursuant to terms
of Hague Convention Abolishing the Requirement of Legalization for Foreign
Public Documents. (C.C. 1183). Commissioners no longer appointed. All
authority to appoint commissioners (former Govt. C. 8300-8308) has been
repealed.
Colorado
Outside United States. - Any instrument- see
Uniform Recognition of Acknowledgments Act (an officer of the foreign
service of the United States, a consular agent, or any other person
authorized by the regulations of the United States Department of State to
perform notarial acts in the place in which the act is performed.)
Instruments affecting interest in or title to real estate- judge, clerk or
deputy clerk of any court of record, or chief magistrate or other chief
executive officer of any province, colony, island possession, bailiwick, or
mayor or chief executive officer of any city, town, borough, county or
municipal corporation having seal, of foreign kingdom, empire, republic,
state, principality, province, colony, island possession or bailiwick; or any
ambassador, minister, consul, vice consul, consular agent, vice-consular
agent, charge d'affaires, vice-charge d'affaires, commercial agent,
vice-commercial agent, or diplomatic, consular or commercial agent or
representative or deputy thereof of any government; and, additionally, if
within any colony, island possession or bailiwick belonging to or under
control of U.S., any judge, clerk or deputy clerk of any court of record,
chief magistrate or other chief executive officer, mayor or chief executive officer
of any city, town, borough, county, or municipal corporation having seal, or
notary public. (38-30-126[3]-[4]).
There is sufficient proof of authority of person
authorized by laws and regulations of foreign country to perform notarial act
if either official seal of person performing notarial act is affixed to
document, or, in case of electronic record, such information that is required
in lieu of notary seal by laws of place granting notarial authority to person
performing notarial act is attached to or logically associated with document.
(12-55-204[2][b]).
Connecticut
Without U.S.: in conveyance of real estate,
ambassador, minister, charg'e d'affaires, consul, vice consul, deputy consul,
consul general, vice consul general, deputy consul general, consular agent,
vice consular agent, commercial agent or vice commercial agent of U.S.;
notary public or justice of peace or any other public officer before whom
oaths may be taken or acknowledgments made, of country where taken within
territorial limits of his jurisdiction (47-5A); for instrument pertaining to
real property located in this state or power of attorney, any attorney
admitted to bar of this state.
Delaware
Outside the United States. - Acknowledgment or
proof of deed may be made before any U.S. consul general, consul,
vice-consul, consular agent or commercial agent of U.S. at places of their
official residences. (25-129).
District of Columbia
Outside United States: Notarial act made outside
U.S. valid if performed by notary public or notary, judge, clerk or deputy
clerk of court of record or other person properly authorized in foreign
jurisdiction. Apostille or certificate by U.S. foreign service or consular
official conclusively establishes validity of foreign notarial act.
(42-146).
Florida
In Foreign Countries. - Generally: Judge or justice
of court of last resort, notary public of country where taken; U.S. minister,
consul general, charg'e d'affaires, or consul resident in country where
taken. Signature and seal of such individual required. (92.50[3],
695.03[3]). For instruments concerning real property: Above list excepting
judge or justice of court of last resort; and adding commissioner of deeds
appointed by Governor of Florida to act in foreign country or before any
civil law notary or notary public having official seal, U.S. ambassador,
envoy extraordinary, minister plenipotentiary, commissioner, vice consul,
consular agent, or any other diplomatic or consular officer appointed to
reside in country where taken; U.S. military or naval officer authorized by
Laws or Articles of War of U.S. to perform duties of notary public. All
acknowledgments require seal of acknowledging officer. (695.03[3]).
Georgia
Outside United States: consul or vice-consul of
U.S. (44-2-21).
Hawaii
Outside U.S. - Acknowledgment of instrument
executed outside U.S. may be made by: (1) Any officer now authorized by laws
of Hawaii; (2) any officer of U.S. diplomatic service, certified under his
seal of office; and (3) any person authorized by law of his country to take
acknowledgments, when accompanied by certificate of his authority and that
acknowledgment complies with laws of his country. Such certificate may be
made by diplomatic or consular officer of U.S. or by diplomatic or consular
officer of such foreign country resident in Hawaii. (502-47[a]).
Idaho
Outside United States: Minister, commissioner or
charg'e d'affaires of United States resident in and accredited to country
where taken; consul or vice-consul of United States resident there; judge of
court of record; commissioner appointed for such purpose by Governor of
Idaho; notary public. (55-704).
Illinois
Outside United States. - May be taken before any
court of any republic, dominion, state, kingdom, empire, colony, territory or
dependency having a seal, or any judge, justice or clerk thereof, any major
or chief officer of any city or town having a seal, notary public,
commissioner of deeds, ambassador, minister or secretary of legation, or
consul of United States, vice consul, deputy consul, commercial agent or
consular agent of United States, attested by his official seal, or any
officer authorized by laws of place where taken to take acknowledgments of
conveyances of real estate or to administer oaths in proof of conveyances of
real estate. Such acknowledgment must be attested by official seal of court
or officer; or if no official seal, then certificate by ambassador, minister,
secretary of legation, consul, vice consul, deputy consul, commercial agent
or consular agent of United States residing in such place, under his official
seal, showing court or officer was duly elected, appointed or created and
acting at time of acknowledgment must be added. (765-5/20).
Indiana
Outside of the United States. - To entitle
instruments made in foreign countries to record in this state, they must be
acknowledged by the grantor or person executing the same and proved before
diplomatic or consular official of the United States duly accredited or
before any officers of such countries who by the law thereof, are authorized
to take acknowledgments or proof of conveyances, and if such acknowledgment
or proof is in English language and attested by official seal of such
officer, it shall be sufficient to admit such instrument to record, but if in
some other language or not attested by such official seal, then such
instrument must be accompanied by a certificate of officer of U.S., as
aforesaid, to effect that it is duly executed according to laws of such
foreign countries, that officer certifying to acknowledgement or proof had
legal authority to do so, and giving meaning of certificate if same is made
in foreign language. (IC32-21-1-11).
Iowa
Notarial acts under federal authority have same
effect under law of Iowa as if performed by notarial officer of Iowa, if notarial
act is performed anywhere by any of following persons under authority granted
by law of United States: judge, clerk, or deputy clerk of court; commissioned
officer on active duty in military service of United States; officer of
foreign service or consular officer of U.S.; any other person authorized by
federal law to perform notarial acts. (9E.12).
Kansas
Outside U.S. - By notary public or notary, or
judge, clerk or deputy clerk of court of record, or any other person
authorized by law of that jurisdiction to perform notarial acts. (53-507).
Kentucky
Outside United States. - Any foreign minister,
secretary of legation, officer in U.S. consular service, secretary of foreign
affairs, notary public or judge or clerk of superior court of nation where
taken. (KRS 423.110). Official seal required on deed. (KRS 382.150). Officer
of foreign service of U.S., consular agent or other person authorized by
regulation of U.S. Department of State to perform notarial acts in place
where act is performed. (KRS 423.110).
Louisiana
Without United States: Ambassador, minister, envoy
or charg'e d'affaires, secretary, of legation, consul general, consul, vice
consul or commercial agent of U.S., in country to which he is accredited; any
officer of U.S., notary public or commissioner or other agent of Louisiana
authorized to take acknowledgments, if such officer has official seal, and is
commissioned or accredited to act where acknowledgment is taken. (T. 35, 9
as amended Act 240 of 1980). Commissioned officer of U.S. Army, Navy, Marine
Corps or Coast Guard may take acknowledgments in foreign country.
Maine
Outside U.S. - Minister, consul or vice-consul of
U.S. or notary public in any foreign country.
Maryland
Outside United States. - Before: (1) Ambassador,
minister, charg'e d'affaires, counselor to or secretary of legation, consul
general, consul, vice-consul, commercial attach'e or consular agent of United
States accredited to country where acknowledgment is made; (2) notary public
of country where made; (3) judge or clerk of court of record of country where
made. (19-104).
Massachusetts
Outside the United States. - If in a foreign
country, acknowledgments must be before a justice of the peace, notary,
magistrate, commissioner (as described in preceding paragraph), ambassador,
minister, consul, vice-consul, charg'e d'affaires, or consular officer or
agent of U.S. accredited to such country. If made before U.S. official, there
must be certification by him under his seal of office. (c. 183, 30).
Michigan
Outside U.S. - Any officer of foreign service of
U.S., consular agent or any other person authorized by regulations of U.S.
Department of State to perform notarial acts in place in which act is
performed, notary public or any other person authorized to perform notarial
acts in place in which act is performed, or any judge, clerk, or deputy clerk
of any court of record upon presentation of satisfactory evidence, such as
picture identification (MCLA 565.262); and in addition, as to deeds, any
minister plenipotentiary, minister extraordinary, minister resident, charg'e
d'affairs, commissioner, or consul of U.S. appointed to reside there (MCLA
565.11). See also infra, subhead Persons in or with U.S. Armed Forces.
Minnesota
Outside the United States. - Uniform Law on
Notarial Acts adopted. (358.41 et seq.).
Mississippi
Outside the United States. - Acknowledgment of
instrument affecting real estate or personal property may be taken by any
court of record or mayor or chief magistrate of any city, borough or corporation
of foreign country or before any commissioner for Mississippi residing in
such country, or before any ambassador, foreign minister, secretary of
legation, or consul of U.S. to foreign country, or before notary public or
other person authorized by foreign country to take oaths or acknowledgments,
but certificate must show that party or party and witness were identified
before officer, and that party acknowledged execution of instrument, or that
execution was duly proved by witness. (89-3-13).
Missouri
Outside United States: Court of any state, kingdom
or empire, having official seal; mayor or chief officer of any city or town
having a seal; U.S. minister or consular officer; notary public having a
seal. (442.150).
Montana
Foreign Notarial Acts. - Valid under Montana law as
if performed by notarial officer if it is performed within jurisdiction of
and under authority of foreign nation by any of following persons: notary
public or notary; judge, clerk, or deputy clerk of court of record; or any
other person authorized by law of that jurisdiction to perform notarial acts.
(1-5-608).
Nebraska
Outside U.S.: U.S. minister plenipotentiary,
extraordinary or resident charg'e d'affaires, commissioner, commercial agent
or consul appointed to reside in country where taken; notary public under his
seal. (76-226).
Nevada
Federal Authority. - If performed anywhere by
following under Federal authority: judge or clerk of court, commissioned
officer on active duty in U.S. Military service, foreign service officer or consular
officer of U.S., or any other person authorized by federal law to perform
notarial acts. (240.1645).
Without U.S. - If performed within jurisdiction of
and under authority of foreign nation, its constituent units or
multi-national or international organization by: notary public or notary,
judge or clerk of court of record, or any other person authorized by law of
that jurisdiction to perform notarial acts (240.165).
New Hampshire
Without United States: See 2 of Uniform Act,
United States ambassador, minister, envoy or charg'e d'affaires in country to
which accredited; any consular officer of United States; notary public;
commissioner or other agent of New Hampshire having an official seal and
power to take acknowledgments in such places. (c. 477, 4).
New Jersey
Outside State. - Any oath, affirmation or affidavit
required or authorized to be taken for any lawful purpose (except official
oaths and depositions required to be taken upon notice) may be taken before
notary public of state, territory, nation, kingdom, or country in which same
shall be taken, or before any officer authorized by New Jersey law to take
acknowledgments of deeds in such state, territory, nation, kingdom or country
(see topic Acknowledgments). Official seal of officer administering oath is
advisable. (Tit. 41, c. 2, 17; but see 77 N.J. Eq. 17, 76 A. 555).
New Mexico
Outside of the United States: Judge, clerk, deputy
clerk of court, commissioned officer on active duty in military service of
U.S., officer of foreign service or consular officer of U.S. or any other
person authorized by federal law. (14-14-5).
New York
Outside U.S. - May be taken before: (1) Diplomatic
or consular agent or representative of U.S. residing within country where
acknowledgment or proof taken; (2) judge or other presiding officer, or clerk
or officer of court having seal; (3) mayor or chief civil officer of any city
or other political subdivision; (4) notary public; (5) commissioner of deeds
appointed pursuant to laws of this state to take acknowledgments or proofs
without state; (6) person residing in or going to place, specially authorized
to take acknowledgments or proofs by commission issued under seal of New York
supreme court; (7) person authorized by laws of place to take acknowledgments
of conveyances of real property or to administer oaths in proof of execution
thereof. (R. P. L. 301). Acknowledgment pursuant to 301 may be taken under
law of New York State or by laws of country where taken if accompanied by
certificate of conformity. (R. P. L. 301-a).
North Carolina
Without State, Whether Within or Without United
States. - Judge or clerk of a court of record; notary public; commissioner of
deeds or of oaths; mayor or chief magistrate of an incorporated town or city;
ambassador, minister, consul, vice-consul, consul general, vice-consul
general or commercial agent of U.S.; justice of the peace of any state or
territory of U.S.; or, with respect to persons in U.S. Armed Forces, officer
of U.S. Army, U.S. Air Force, Marine Corps, U.S. Navy, Coast Guard or
Merchant Marine having rank of warrant officer or higher. (47-2).
North Dakota
Foreign Acknowledgments. - Uniform Recognition of
Acknowledgments Act, An officer of the foreign service of the United States,
a consular agent, or any other person authorized by regulations of the United
States Department of State to perform notarial acts in the place in which the
act is performed. (47-14.1-14.8)
Ohio
Outside U.S. - Acknowledgment may be taken by any
person authorized under laws of place of taking. (147.51; 5301.06). For
sufficiency of proof of authority of such persons, see 147.52(B).
Oklahoma
Outside State but Within United States, Its
Possessions and Canada. - May be taken before any notary public, clerk of a
court of record, or commissioner of deeds. (16-35).
Other Foreign Countries. - May be taken before any
court of record or clerk of such court, or any U. S. consul. (16-35).
Oregon
Outside the U.S. - Notary public or notary, judge,
clerk, or deputy clerk of court of record, or any other person authorized by
law of jurisdiction to perform notarial acts. "Apostille" in form
prescribed by Hague Convention of Oct. 5, 1961, conclusively establishes that
signature of notarial officer is genuine and that officer holds designated
office. Certificate by foreign service or consular officer of U.S. stationed
in nation under jurisdiction of which notarial act was performed, or
certificate by foreign service or consular officer of that nation stationed
in U.S., conclusively establishes any matter relating to authenticity or
validity of notarial act set forth in certificate. Official stamp or seal of
officer listed above is prima facie evidence that signature is genuine, that
person holds such title, and that person with that title has authority to
perform notarial acts. If title of office and indication of authority to
perform notarial acts appears either in digest of foreign law or list
customarily used as source for that information, it conclusively establishes
authority of officer with that title to perform notarial acts. (194.555).
Notarial Acts Under Federal Authority. - Notarial
act is effective if performed anywhere by any of following persons under
authority granted by law of U.S.: Judge, clerk or deputy clerk of court;
commissioned officer on active duty with military services of U.S.; officer
of foreign service or consular officer of U.S. or any other person authorized
by federal law to perform notarial acts. Signature and title of person
performing notarial act are prima facie evidence that signature is genuine
and that person holds designated title. Signature and title of officer listed
above conclusively establish authority of holder of that title to perform
notarial act. (194.545).
Pennsylvania
Outside United States. - United States ambassadors,
ministers plenipotentiary, charg'es d'affaires, or other persons appointed by
United States to exercise public ministerial functions (21-222); consuls,
vice or deputy consuls, commercial agents, vice or deputy commercial agents,
notary public or judge or clerk of court of record of country where
acknowledgment is made (21-223, 291.4); commissioners in chancery in any
foreign country (21-224).
Puerto Rico
Certificate of acknowledgment taken in foreign
country must be executed before any notary public, any minister,
commissioner, or charg'e d'affaires of U.S. resident in, or accredited to,
country where acknowledgment is taken; any consul general, vice consul
general, consul, vice consul, commercial agent, vice commercial agent, deputy
consul or consular agent of U.S. in such country. Those before foreign
notaries public must in turn be authenticated in manner provided for in
country and also by U.S. consul or vice consul. (4-884). If foreign country
in question has adhered to Convention Abolishing the Requirement of
Legalization for Foreign Public Documents, authentication must be effected by
apostille issued by that country's designated officer. (4-884).
Rhode Island
Outside the United States. - Ambassador, envoy,
minister, charg'e d'affaires, secretary of legation, consul-general, consul,
vice-consul, consular agent, vice consular agent, or any other diplomatic or
consular agent or representative of U.S. appointed to and residing in country
where acknowledgment taken; judge or other presiding officer of any court
having a seal or clerk or other certifying officer thereof; mayor or chief
civil officer of any city or other political subdivision; notary public;
person specifically authorized for that purpose by a commission issued under
seal of superior court; any person authorized by laws of country where
acknowledgment made to take acknowledgments of conveyances of real estate.
(34-12-2).
South Carolina
Without United States. - Ambassador, minister,
consul general, consul, vice-consul or consular agent of U. S.; commissioner
for South Carolina.
South Dakota
Outside United States: By any officer specified in
4, Uniform Acknowledgment Act (18-5-4), and also by Commissioner of U.S.,
resident and accredited in country where acknowledgment is taken,
Commissioner of court of record of such country, officer authorized by laws
of such country so to do, or any deputy of any of such officers authorized to
appoint deputy (18-4-5).
Tennessee
Outside the United States. - Acknowledgments
outside of United States and its territories must be taken before
commissioner for Tennessee, notary public of such country, consul, charge
d'affaires, envoy, minister or ambassador of U.S. in country to which he is
accredited and where acknowledgment is made. (66-22-104).
Texas
Outside United States or Its Territories: Minister,
commissioner or charg'e d'affaires of U.S. who is resident of and accredited
in country where taken; consul-general, consul, vice-consul, commercial
agent, vice-commercial agent, deputy consul or consular agent of U.S. who is
resident in country where taken or notary public or any other official
authorized to administer oaths in jurisdiction where taken.
Utah
Outside State but within U.S. - Authorized notary
public; judge, clerk or deputy clerk of any court where acknowledgment
performed; authorized officer of foreign service of U.S.; consular agent; or
any person authorized by regulation of U.S. Department of State.
(57-2a-3[2]).
Outside U.S. - Same as Outside State but within
U.S.
Vermont
Outside U.S. - Acknowledgment may be taken before
justice, magistrate, or notary public in foreign country, or before
commissioner appointed for that purpose by Governor of Vermont, or before
minister, charge d'affaires, consul or vice-consul of U.S. in foreign
country. (27-379).
Virgin Islands, U.S.
Outside Territory. - Acknowledgments may be taken
by notary public authorized to take acknowledgments where performed, judge,
clerk, or deputy clerk of any court of record where performed, or officer of
U.S. foreign service authorized by U.S. State Department regulations to take
acknowledgments where performed; or, if taken for member of, or person
serving with or accompanying, U.S. armed forces, by commissioned officer in
active service authorized by regulation to take acknowledgments. (28-82).
Virginia
Outside the United States. - Ambassador, minister
plenipotentiary, minister resident, charg'e d'affaires, consul general,
consul, vice-consul or commercial agent of United States; proper officer of
any court of record; mayor or other chief magistrate of any city, town or
corporation; all under official seal. (55-114).
Washington
Outside United States. - Acknowledgments taken in
foreign countries may be taken by any minister, plenipotentiary, secretary of
legation, charg'e d'affaires, consul general, consul, vice consul, consular
agent, or commercial agent appointed by Government of U.S., or any notary
public, or proper officer of any court of such country, or mayor or other
chief magistrate of any city, town or other municipal corporation.
(64.08.040). No authentication of officer's certificate is necessary.
West Virginia
Outside United States. - Ambassador, minister
plenipotentiary, minister resident charg'e d'affaires, consul general,
consul, deputy consul, vice consul, consular agent, officer of U.S. foreign
service, vice consular agent, commercial agent or vice commercial agent of
U.S.; proper officer of any court of record in country where taken; mayor or
chief magistrate of any city, town or corporation in country where taken or
any other person authorized by regulation of U.S. Department of State. (c.
39, art. 1, 3; art. 1A, 1).
Wisconsin
Uniform Law on Notarial Acts (1982) adopted in 1983
(recreating sections that substantially conformed to Uniform Acknowledgment
Act [1939, amended 1960] and Uniform Recognition of Acknowledgments Act
[1968]) with following minor variation: court commissioner, register of
deeds, deputy register of deeds, municipal judge and county clerk or deputy
county clerk added to list of persons authorized to perform notarial act.
(706.07[3]).
Authentication. - Instruments may be authenticated
as provided under Uniform Law on Notarial Acts (1982, adopted 1983)
(706.07[8]) or, if relating to land, by any public officer entitled to
administer oaths or member of state bar in good standing by indorsing
instrument "acknowledged", "authenticated",
"signatures guaranteed", or other words to similar effect
(706.06[2]).
Wyoming
Outside the United States: Any consul general,
consul or vice consul of United States. (34-1-117).
Note: No information available regarding the laws
of the Commonwealth of the Northern Mariana Islands, American Samoa or Guam
regarding notarial acts. Contact CA/OCS/L at Ask-OCS-L@state.gov for guidance and we will pursue the matter
with authorities in these jurisdictions. Requesters may wish to consult
private legal counsel in these jurisdictions.
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