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The notary must be certain the signer is acknowledging he or she signed the document, understands the contents of the document and signed the document of their own free will. To do this, the notary performs the verbal ceremony, a vital part of the process of performing a notarial act by asking the client the question: "Do you acknowledge that this is your signature and that you understand this document and willingly signed it for its stated purpose?"

In some states an interpreter for someone who speaks a different language than the notary may not be utilized, as vital information could be lost in the translation. A few states expressly forbid the use of a translator for the conversation between the notary and signer. 

Some states, however, simply do not address the question of a notary using a translator to communicate with the signer in state statutes or administrative codes. It is up to the notary to determine what is allowed and not allowed by the state laws and regulations where they are commissioned.

There are various ways to communicate with a signer who is hearing and/or speech impaired, including sign language if the notary knows how to sign. The notary may communicate with the signer in writing by asking them questions or administering an oath or affirmation where required. The signer must respond in the affirmative by either nodding, making another affirmative gesture or writing down his/her responses.

Ultimately the notary must decide for themselves if it is worth the risk or not. Since one of the notary's most important tasks is to determine the signer's comprehension and willingness to proceed, the ability to communicate one–on–one with the signer is essential.

Verbal communication, and most especially the verbal ceremony, must not be delegated to anyone else, no matter how trustworthy they are. If a notary public is unable to communicate with a signer, they should be referred to a notary public who speaks the same language as the signer or one who knows sign language.

 

 

 
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