US Notary In Santiago

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Rhodolite
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Re: US Notary In Santiago

Postby Rhodolite » Tue May 19, 2015 8:10 pm

There is NO such thing as a U.S. notary public. Notary public appointments are a function of individual state governments and the notary is always required to be physically present within that state when they acknowledge a signature. The only exceptions are designated U.S. Embassy staff and some military personnel acting for other military personnel when both are outside of the United States. If you choose to take the risk of allowing a notary public appointed by one of the U.S. states to notarize your signature while you are both physically in Chile, do so with the knowledge that the notary's acknowledgment is not valid.
Also, take a close look at your document. Real property transfers frequently require witness signatures in addition to the notary acknowledgement.
Far better to find a Chilean notary who is willing to add a phrase to the effect that his/her notarization is solely for the purpose of identification of the person signing the document.
You can confirm this information through a search of this site -- Admin has one or more posts on topic.

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Re: US Notary In Santiago

Postby admin » Wed May 20, 2015 9:42 am

Check with the other party you are signing with to see what they need. In most cases, the U.S. does recognize the signature of a Chilean notary for things like contracts. Depends on a lot of things, but for the most part common law just needs to certify you are you, and not drunk, crazy, or otherwise incapacitated.
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Re: US Notary In Santiago

Postby admin » Wed May 20, 2015 9:51 pm

That is such a strange response to what i said, i literally do not believe you are a human being.

So I am going to give you my modified version of the Turing test. i am going to give you one post to prove to me you are not a trolling automated bot before i ban your account.

Just in case you are a person, we need a $2000 US retainer, and signed contract before we discuss this any further.
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Re: US Notary In Santiago

Postby admin » Wed May 20, 2015 10:01 pm

By the way it has been brought to my attention recently that my sarcasism sometimes does not translate well to the internet.

So i am going to implement an official sarcaism flag.
I kind of like these guy, but if anyone has a nomination i am open.

8_0

Or

:boom:

The op needs to talk to their lawyer in the united states. That is some completly warenty free legal advice.
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Re: US Notary In Santiago

Postby admin » Wed May 20, 2015 10:12 pm

Seriously though, we have signed in front of a chilean notary everything from powers of attorney to liquidate entire estates to depositions and affidavits for u.s. appeals courts without a problem. We even have chilean notaries that have administered the oath to witnesses testifying by telaconference, for a u.s court (bible and all, judge on the otherside of the world); BUT, all done under the supervision and approval of u.s. licensed attorneys and / or direct approval of the courts.

The point is, speak to your attorney in the u.s., talk to the counter parties, and in most cases you can likly deprive the u.s. consulate of their over priced, slow, and unessary notary service while still having a valid u.s. contract.

Your bigger issue is finding a local notary in chile that understands the nature of u.s. law sufficiently to be willing to sign a u.s. legal document. It has way more legal implications for them in chile (i.e. loosing a multi-million dollar franchize and they are attorneys), than a notary in the u.s. loosing their rubber stamp.

My local notary in southern chile is great fun. I accidentally one time cut and past a piece of boiler plate POA wording in to a Document that said something like "i sware under oath bla, bla, bla". He speaks english, so he held up his right hand and said "how" like an indian in an old hollywood movie. So i held up my right hand and asked , "how you doing"?

He said, "good, how are you"?

We had a good chuckle and we both signed. That was for a friend to sell like 5,000 in u.s. in bonds when he was back in the states on my behalf.

Again that was a clear cut case of practicing common law without a license. A good friend, i knew was not going to rip me off, was authorized both verbally and in writting to do whatever was required to cash those bonds (including "forge" my signature or pretend he was me). Just to be sure i had a POA notarized in front of A chilean notary that fully understood the meaning, that we do thousands of dollars a year worth of biz with (EXACTLY because he is a super ethical standup notary). Total costs, about $3000 pesos ($6 U.S. MAS O MENOS). had i gone to the u.s. consulate, would have been somewhere around a $500 -$1000 trip to santiago plus $80 or whatever they are charging to Rip off americans these days, for their basicaly worthless notary seal monopoly.
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Re: US Notary In Santiago

Postby admin » Thu May 21, 2015 7:12 am

banned.

By the way, the OP was some sort of mortgage spam. I have to admit, it was at least well done spam. Until that strange response, it did not occur to me to check the server logs.
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Re: US Notary In Santiago

Postby Andres » Thu May 21, 2015 7:25 am

why not just delete the whole thread too?
or does that process take too much time?
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Re: US Notary In Santiago

Postby Dosedmonkey » Fri May 22, 2015 12:02 pm

The thread is still full of valid information and amusing sarcastic animation.

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Aguila Blanca
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Re: US Notary In Santiago

Postby Aguila Blanca » Sat May 23, 2015 2:45 am

I found the entire thread to be confusing, until I got to the end and got a clue.

For what it's worth, my brother is a notary public in the U.S. and I am a Justice of the Peace. Despite the title "Justice," I am not a judge, I am essentially a glorified notary public who can also perform marriages.

In my state. Notaries are creatures of the state, as are justices of the peace. I can attest to signatures, administer oaths, and take depositions anywhere within my home state ... and nowhere else. The same holds for my brother. For both of us, notarizing or certifying a signature means nothing except that we witnessed the person sign the document, and that he/she had some form of identification satisfactory to convince us that he/she was the person he/she said he/she was. We are in no way attesting anything about the validity, correctness, completeness, or suitability of the document being signed.

That said, a signature notarized by my brother or authenticated by me within our home state is generally accepted by any court in any other state. For a document notarized in the U.S. to be accepted in Chile, you have to jump through additional hoops. Each notary public and justice of the peace is registered with the municipal clerk of the city or town in which he lives. Once you have the notarized document in hand, you then have to take it to the municipal clerk to have the notary's signature and seal authenticated by the municipal clerk. For certain documents (I don't remember which, but we encountered it when adopting my daughter in Chile from the U.S.), after the municipal clerk's authentication you then have to send the document(s) to the Secretary of the State for your state, to have the municipal clerk's authentication "apostiled."

Once you've done all that, you gather up your document or documents and schlep down to the nearest Chilean consulate, leave the documents with them, and they go through the exercise of pretending to verify that the notary was who he/she said he/she was, that the municipal clerk really is the municipal clerk, and that the Secretary of the State really is the Secretary of the State. Once they've gone through that charade, they call you and tell you to come back and pick up your document(s), now fully authenticated by the consulate and valid for presentation in Chile. The consulate charges a fee for this service, but I don't remember what it is ... maybe $10 per document?

And that's "all" there is to it.

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Re: US Notary In Santiago

Postby Rhodolite » Sat May 23, 2015 3:40 pm

Perhaps if Chile becomes accustomed to being a member of the Hague Convention on Abolishing the Requirement of Legalization for Foreign Public Documents (also referred to as the Apostille Convention) then additional three or four signatures to back up a U.S. notarized signature will no longer be necessary. Let's see, it has been how many years now since Chile joined....?

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Re: US Notary In Santiago

Postby FrankPintor » Sat May 23, 2015 4:37 pm

Rhodolite wrote:Perhaps if Chile becomes accustomed to being a member of the Hague Convention on Abolishing the Requirement of Legalization for Foreign Public Documents (also referred to as the Apostille Convention) then additional three or four signatures to back up a U.S. notarized signature will no longer be necessary. Let's see, it has been how many years now since Chile joined....?

I did a double-take when I read this, since according to the Ministerio de Relaciones Exteriores de Chile, "Chile no ha suscrito aún la Convención de La Haya sobre la Abolición del Requisito de Legalización para Documentos Públicos Extranjeros, 1961 (Apostilla de La Haya)". Though the information appears in a page dating from 2008: http://www.minrel.gob.cl/legalizaciones/minrel/2008-07-16/172507.html

And searching the forum turns up this: http://www.leychile.cl/Navegar?idNorma=1056560 which indicates that Chile joined the "Convención de La Haya que Suprime Exigencia de Legalización de Documentos Públicos Extranjeros (5 de octubre 1961: La Haya); Convención de la Apostilla; Documentos Públicos Extranjeros".

So what's the real deal? :?:
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Re: US Notary In Santiago

Postby Rhodolite » Sat May 23, 2015 6:11 pm



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