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  • Notary Public Question

    This may be a question for ParalegalNCO1, but anyone is welcome to chime in.

    I am a notary public and also work for my State Government. I had a coworker as if I could notorize some documents for her, but then a question occurred to me.

    When reading the Army Officer's Guide, it spoke of, under Restrictions, 'Acting as an Attorney or Agent' ref. AR 27-60. Are my duties as a notary in conflict with the regulation, does it merely depend on what I am notarizing or are notaries not included under this regulation?

    Note: I have referred the person in question to another notary in the mean time.

    Thanks!
    Last edited by Chris36; December 6th, 2011, 01:35 PM.

  • #2
    Re: Notary Public Question

    Ummm...I think you are overthinking this one. I used to be a notary (until it expired) and notarized stuff for people in my unit all the time. Also, our current S1 is one as well. I guess I could just be totally ignorant on this one, but I cant see why they would be any issue.

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    • #3
      Re: Notary Public Question

      Originally posted by Chris36 View Post
      This may be a question for ParalegalNCO1, but anyone is welcome to chime in.

      I am a notary public and also work for my State Government. I had a coworker as if I could notorize some documents for her, but then a question occurred to me.

      When reading the Army Officer's Guide, it spoke of, under Restrictions, 'Acting as an Attorney or Agent' ref. AR 27-60. Are my duties as a notary in conflict with the regulation, does it merely depend on what I am notarizing or are notaries not included under this regulation?

      Note: I have referred the person in question to another notary in the mean time.

      Thanks!
      Warrant and Commissioned officers on an active duty status exceeding 180 days are prohibited from obtaining or seeking in any way a civil notary commision per AR 27-55. (Although I know some who have them). However, some states automatically grant civil notary powers to certain individuals in the military pursuant to state law.

      If you are a drilling PFC...then you have no issues. If you are a drilling anything...you really have no issue, uunless you get activated for 180+
      Last edited by ParalegalNCO1; December 6th, 2011, 03:13 PM.

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      • #4
        Re: Notary Public Question

        Originally posted by RSP NCO View Post
        Ummm...I think you are overthinking this one. I used to be a notary (until it expired) and notarized stuff for people in my unit all the time. Also, our current S1 is one as well. I guess I could just be totally ignorant on this one, but I cant see why they would be any issue.
        You are wrong, and your S-1 is wrong for doing this. Your S-1 is granted military notary powers under Title 10 United States Code 1044a and per AR 27-55. Most S-1's do not know that though, however he should not be using a civil notary commision for offical duty as an officer.

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        • #5
          Re: Notary Public Question

          Originally posted by ParalegalNCO1 View Post
          You are wrong for doing this.
          Not questioning you, just trying to understand. Why is there an issue with this? How does it affect anything in the military to verify that someone is signing something?

          Oh, and I should clarify. An NCO in the S1 section does it, not the S1 officer.


          Edited to add: I just got done reading AR 27-55, I didn't see anything in there that said I couldn't do this. Did I miss something?
          Last edited by HR NCO; December 6th, 2011, 03:58 PM.

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          • #6
            Re: Notary Public Question

            Originally posted by RSP NCO View Post
            Not questioning you, just trying to understand. Why is there an issue with this? How does it affect anything in the military to verify that someone is signing something?

            Oh, and I should clarify. An NCO in the S1 section does it, not the S1 officer.


            Edited to add: I just got done reading AR 27-55, I didn't see anything in there that said I couldn't do this. Did I miss something?
            I should have said "you are wrong for allowing him to do this". The officers are the ones that have the issue with the Regulation. The right way to do this is have the S-1 officer notarize using his military authority as the adjudant, and get a stamp made that says "notary public under 1044a USC" or something to that effect. NCO's are not prohibited, however it is highly frowned upon because of the requirements that are listed in 27-55.

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