Notarization – the power of notarization

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 Learn about the process and importance of obtaining an officially notarized birth certificate translation when applying for permanent power of attorney in Israel.

Lawyer Rachel Schachar

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 Learn about the process and importance of obtaining an officially notarized birth certificate translation when applying for permanent power of attorney in Israel.

In the intricate landscape of legal documentation, notarization stands as the formidable sentinel of authenticity and credibility. If you’ve ever encountered the demand for notarized certificates, adorned with a red stamp and ribbon, you’ve likely wondered about the power and purpose of notarization. From notary-approved translations to notarized powers of attorney, this article unravels the mysteries of notarization, explaining why it’s indispensable in a multitude of legal scenarios.

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Qualification CriteriaRequirements
Citizenship or ResidencyIsraeli citizenship or permanent residency is mandatory.
Legal ExperienceA notary must be a member of the Bar Association and have practiced law for a specified duration.
Criminal RecordNo criminal convictions for defamation in Israel or abroad are allowed.
Bar Association StatusNotaries cannot have been expelled or suspended from the Bar Association.
Licensing Committee EvaluationApproval by the Licensing Committee is required, considering disciplinary history.
Notary Qualifications

The Notary’s Endorsement

Notarization, as stipulated in Section 19 of the Notary Law, 1976, possesses extraordinary legal weight. It states, “The approval of a notary according to this law and the regulations based on it, will be sufficient evidence in a legal proceeding, without the need for additional evidence.” This means that notarization, by itself, carries substantial proof of the authenticity of documents and the actions surrounding them.

Who Qualifies as a Notary?

The authority to grant such significant endorsements is reserved for a select group of individuals. According to Section 2 of the Notary Law 556 – 1976, those who aspire to be notaries must meet specific criteria:

  1. They must be Israeli citizens or permanent residents.
  2. They should be members of the Bar Association, meeting either of the following conditions:
    • Engaged in the legal profession for at least ten years, with at least five and a half years of practice in Israel.
    • Practiced law for at least ten years, including a minimum of two years in Israel, and applied for a license within seven years from becoming a resident of Israel.
  3. They should have no convictions for criminal offenses involving defamation, whether in Israel or abroad.
  4. They should not have faced expulsion or suspension from the Bar Association in Israel through disciplinary proceedings, except for those under Section 78 of the Bar Association Law, 5771-1961.
  5. The Licensing Committee must find them worthy of becoming a notary, taking into account any disciplinary penalties imposed on them within ten years before the license is granted.
Notary PowersResponsibilities and Authorities
Signature VerificationVerify signatures on documents.
Authorization ConfirmationConfirm signatories’ authorization on behalf of others.
Document Copy ValidationValidate the accuracy of document copies.
Document Translation CertificationCertify the correctness of document translations.
Affidavit and Statement ApprovalAccept and approve affidavits and other statements.
Verification of Life StatusConfirm an individual’s status as alive.
Inventory List CertificationCertify the accuracy of inventory lists.
Witness for Negotiable DocumentsAct as a witness for negotiable documents.
Document Editing and ActionsEdit documents or perform actions as required or permitted by law.
Notarial Authority Under Other LawsExercise notarial authority under other applicable laws.
Verification of Financial AgreementsVerify financial agreements between spouses made before marriage.
Powers of a Notary

Once these criteria are met, individuals must undergo specialized training and receive approval from a designated committee.

Powers of the Notary

Notaries are entrusted with a range of significant responsibilities, outlined in Section 7 of the law:

  1. Verifying signatures on documents.
  2. Confirming that signatories, acting on behalf of others, possess the necessary authorization.
  3. Validating the accuracy of document copies.
  4. Certifying the correctness of document translations.
  5. Accepting and approving affidavits and other statements.
  6. Confirming a person’s status as alive.
  7. Certifying the accuracy of inventory lists.
  8. Acting as a witness for negotiable documents.
  9. Editing documents or performing other actions when required or permitted by law, including foreign laws, or other documents.
  10. Exercising notarial authority under other laws.
  11. Verifying financial agreements between spouses made before marriage.
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Types of Notarized DocumentsExamples
Notarized Powers of AttorneyGeneral powers of attorney, real estate transaction powers.
Notarized TranslationsTranslation certificates, marriage certificates, death certificates.
Notarized WillsLegal documents reflecting individuals’ wishes regarding assets posthumously.
Notarized Affidavits and StatementsOfficial statements and affidavits with notarial certification.
Notarized Inventory ListsLists certified as accurate by a notary.
Types of Notarized Documents

Moreover, Section 20a of the law specifies that notaries have the authority to approve signatures on general powers of attorney and powers of attorney for real estate transactions requiring registration in the land registry. In the realm of inheritance law, notaries can validate wills before authorities, akin to the powers granted to courts. For international adoption, Section 28 of the Child Adoption Law 1981-1981 mandates notarized translations.

Notarized Power of Attorney Approval

In accordance with Section 20 of the Notary Law, general powers of attorney and powers of attorney for real estate transactions, when assigned to non-attorneys, must undergo notarization. This requirement reflects the legislator’s recognition of the immense power inherent in these types of attorney assignments. Notaries, after verifying the identity and intention of the signatory, ensure that these documents possess the necessary legal validity.

Notary Confirmation of Translation Accuracy

As stipulated in Section 19 of the law, notarized certificates are deemed sufficient evidence in legal proceedings. Courts, land registrars, and various authorities in Israel and abroad place substantial importance on notary-approved translations. They do not settle for ordinary professional translations, as notarization confers official status to the translated documents.

Apostille CertificatePurpose
International ValidityProvides international recognition and validity to notarized documents.
Member CountriesRelevant for countries that are members of the Apostille Convention.
Verification of Official and Original DocumentsAttests that documents are official, original, and issued by a competent authority.
Simplified Authentication ProcessStreamlines the authentication of documents for use in foreign countries.
The Apostille Certificate

The Apostille Certificate

To give the notary’s confirmation international validity, an “Apostille” certificate may be required. This certificate signifies the endorsement of one state to another, particularly for countries that are members of the Apostille Convention. The Apostille Convention, established in The Hague in 1961, focuses on the verification of signatures on public certificates, including notary certificates. An Apostille certificate attests that a document is official, original, and issued by a competent authority. For notary certificates, it confirms that the notary is authorized in the State of Israel to certify notarial documents.

Remote Notarization

Despite the convenience of remote services, notarization remains a process that demands physical presence. The legislator, recognizing the significance of notarial signatures, has not approved remote notarization. To have signatures verified or affidavits confirmed, one must appear before a notary in person.

In Conclusion – The Significance of Notarized Confirmation

For documents to hold binding legal validity, notarization is indispensable. Notarization elevates documents to official, original, and certified status, ensuring their acceptance in legal proceedings and before various authorities. It is the red stamp and ribbon that add credibility and legal weight to vital documents.

Inquiries about the cost of notary certificates can be directed to the relevant authorities. Understanding the power and necessity of notarization is key to navigating the complex terrain of legal documentation, safeguarding the authenticity and legality of crucial paperwork.

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Remote NotarizationConsiderations
Physical Presence RequiredNotarization processes still require in-person appearances.
Ensuring Notarial SignaturesMaintains the significance and reliability of notarial signatures.
The Importance of Physical PresenceAverts the potential risks and challenges of remote notarization.
Remote Notarization

Celebrating Excellence: Choose Rachel Schachar Law & Notary Firm for Your Legal and Notarial Needs

I highly recommend the services of “Rachel Schachar Law & Notary Firm” to anyone in need of expert legal and notarial assistance. With Rachel Schachar’s extensive experience and expertise as a notary and lawyer, you can trust that your legal matters will be handled with the utmost professionalism and precision. Whether you require assistance with notarial acts, legal documentation, or legal advice, Rachel and her team have a proven track record of delivering exceptional results. Their commitment to excellence and dedication to client satisfaction make them a reliable choice for all your notarial and legal needs. Don’t hesitate to reach out to Rachel Schachar Law & Notary Firm for top-notch services that will ensure your peace of mind.

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