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edelske
New York
815 Posts |
 Posted - 07/09/2012 : 3:59:16 PM
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I have a screen snapshot from the NNA website which states (as a "Key Point"):
Remote Employees must have their (I-9) forms Notarized.
This was on their "Financial & Corporate Services Section", the July 2012 issue.
Want to see it? Just send me an email.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
Edited by - edelske on 07/09/2012 4:03:48 PM |
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edelske
New York
815 Posts |
Posted - 07/03/2012 : 11:53:52 AM
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Yup, I think they floated their verification scheme a while back. There is ONE thing they do right - their receipt books. Other than that; I have no use for them.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
Edited by - edelske on 07/04/2012 9:21:21 PM |
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LindaH
Florida
1754 Posts |
Posted - 07/03/2012 : 05:36:56 AM
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"Linda, wuzzent it the illustrious NNA that sold a "bunch" of electronic notarization machines (Enjoys?) that are now landfill?"
Yes it was, Ken. Also, wasn't it the NNA who introduced "Employment Verification" certifications? Called Trusted Agents, or something to that effect? Probably different forms used but same essential info and end result - except the assignments went through them.
I'd love to hear Brenda/TX on this matter - just to clear up the TX aspect of it - I believe she's the one who first posted elsewhere that TX notaries cannot get involved with I-9's.
I like your take on this though...
"Note the key words from the Great State of Texas:
Fill Out Form I-9
Complete any portion of a Form I-9"
Add to that "in their capacity as a notary public" - another key phrase....things that make you go hrrmmmm..
Linda
http://www.columbiacountynotary.webs.com |
Edited by - LindaH on 07/03/2012 05:43:43 AM |
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edelske
New York
815 Posts |
Posted - 07/03/2012 : 04:01:41 AM
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Linda said: (in part):
I think the only state that has taken a stand on these is Texas, who HAS specifically precluded their notaries from getting involved with them. State law trumps NNA advice every time.
However, Texas at:
http://www.sos.state.tx.us/statdoc/faqs2300.shtml#np24
Says:
Can I complete a Form I-9, Employment Eligibility Verification, on behalf of an employer?
No. Although the United States Citizenship and Immigration Services (USCIS) would allow a notary public to fill out Form I-9 on the behalf of an employer, Texas notaries public are not provided this authority under Texas law. Therefore, if an employer requests that you complete any portion of a Form I-9 in your capacity as a notary public, you should refuse.
Note the key words from the Great State of Texas:
Fill Out Form I-9
Complete any portion of a Form I-9
My interpretation is that attaching a Jurat or Ack would not run afoul of Texas law as the notary would not be "filling out" or "completing any portion"; because they are attaching a separate instrument. Furthermore, such action would not be "on behalf of an employer"; it would be "on behalf" of the applicant.
Thus, to NOTARIZE (only) the signature (by attaching a notarial certificate) appears legit in all of the USA.
Linda, wuzzent it the illustrious NNA that sold a "bunch" of electronic notarization machines (Enjoys?) that are now landfill?
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
Edited by - edelske on 07/03/2012 05:22:12 AM |
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LindaH
Florida
1754 Posts |
Posted - 07/03/2012 : 03:25:03 AM
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I could complete these in Florida, but not in my capacity as a notary - it would be as an appointed agent of the employer. If the employer wants it notarized, then a separate cert of his choosing could be attached. Offered $70/cert I'd do these all day providing all identification documents are in order and all other aspects are in line (like I need to be able to communicate directly with the signer/employee)..and there'd be nothing illegal about it.
I think the only state that has taken a stand on these is Texas, who HAS specificially precluded their notaries from getting involved with them. State law trumps NNA advice every time.
IMO, these are just like loan signings - in FL, notary law doesn't address it, nor does it prohibit it, and a lot of what we do in a loan signing is non-notary work - our "second hat" so to speak. Like field inspections too, and field chases.
I have no problem with these under the right circumstances.
JMO
Linda
http://www.columbiacountynotary.webs.com |
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edelske
New York
815 Posts |
Posted - 07/02/2012 : 8:56:32 PM
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quote:
Originally posted by DianaNotary
... the notary cannot complete the form, but the notary can notarize the signature of the person who is named in the document.
yes, i would question the "to complete" part, other than that sound good to me and pay is good!
http://www.DianaNotary.com
Diana,
You are most certainly correct that a notary can notarize the form. All the requirements for notarization are met. Namely, the person signing the form made a statement, and signed the document. The person signing can choose Jurat or Acknowledgement, which would be properly attached (a requirement in NY State) to the document.
That might not be the "intent" of the form, however it most certainly meets all the requirements for notarization, assuming proper ID, oath, etc.
I for one refuse to sign the "authorized to work" statement. But, as I have often done, I can notarize the signature of the applicant. NOT ONE of the forms have been "bounced" back to me. I discuss with the applicant my reasoning for not signing the "authorized to work" statement; and explain what I am willing to do. If they still want (and many do) THEIR signature notarized - it is legal to do so.
This topic was covered in detail in post:
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4575&SearchTerms=i-9
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
Edited by - edelske on 07/02/2012 9:04:53 PM |
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notaryslife
California
348 Posts |
Posted - 07/02/2012 : 8:18:30 PM
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P.S. The NNA specifically states notary publics are not to notarize these documents. Dianne, I note you are a member of the NNA, you may want to contact their hotline. When you learn the correct information, I'd appreciate your apologizing for correcting me as you did because you're simply wrong.
I'm always curious why people believe they can spread misinformation on this forum as if they're authorities. It is very common knowledge we're not supposed notarize these forms
[/i]
... the notary cannot complete the form, but the notary can notarize the signature of the person who is named in the document.
yes, i would question the "to complete" part, other than that sound good to me and pay is good!
http://www.DianaNotary.com
[/quote]
Sincerely yours,
Notary's Life |
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notaryslife
California
348 Posts |
Posted - 07/02/2012 : 7:45:20 PM
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Dianne: Really? You say the I-9 is a notarizable document? Because I've seen these documents and they have no request for a notarization. This I-9 form is not something a notary in particular should be addressing. If someone wants to do it under your personal name you can do it but not as a notary public. You can fill the document out if you want as a regular person.
I chose not to take this assignment. You're welcome to, you can go ahead and contact him. I don't want it.
quote:
Originally posted by DianaNotary
... the notary cannot complete the form, but the notary can notarize the signature of the person who is named in the document.
yes, i would question the "to complete" part, other than that sound good to me and pay is good!
http://www.DianaNotary.com
Sincerely yours,
Notary's Life |
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DianaNotary
California
171 Posts |
Posted - 07/02/2012 : 6:30:56 PM
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... the notary cannot complete the form, but the notary can notarize the signature of the person who is named in the document.
yes, i would question the "to complete" part, other than that sound good to me and pay is good!
http://www.DianaNotary.com |
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notaryslife
California
348 Posts |
Posted - 07/02/2012 : 08:09:51 AM
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Some guy just sent an email after finding me on 123 Notary as follows:
I found your information on 123Notary.com. I’m in search of a notary in your area to complete I-9 forms (the one page employment authorization form for all new hires). Do you have experience completing I-9 forms?
I run a web-based company, EZ I-9s.com. We arrange for completion of the I-9 forms for employers with long-distance employees. I have a request for services in San Francisco that requires an I-9 completion this week. Typically when EZI-9s receives an order for an I-9, the employees to be I-9ed can come to your location, or you can arrange some other convenient meeting place. The I-9 form is not complicated, and I can provide you the examples you need to complete the form and also be on the phone with you to make sure everything goes perfectly. The work involves completing the short one-page form and mailing two copies and a fax. An assignment takes about 15 minutes and typically pays around $70. And if you like the work, we may have others for you in the future.
If you are interested, please call email me. I can then follow up with a phone call and other information.
Thanks.
Carlos
******
Notaries cannot notarize these forms. When you do this for someone, you can't act in the capacity as a notary. I am highly suspicious of this request and the $70 per I-9 offer. Any thoughts about why he is offering so much money and involving notaries?
Sincerely yours,
Notary's Life |
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I-9 Form Solicitation - $70 each
