A notarized translation is a translation of any legal document into a foreign language, required for clients wishing to present a document in a foreign country. However, translating the document into another language will not be sufficient for it to be legally valid in the destination country. This is where the notaries come into the picture. The role of notaries is not limited to translating the document – they also verify your identity and give legal validity to the credibility of the signed document.
What is a notarized translation?
A notarized translation is a translation of any legal document into a foreign language, required for clients wishing to present a document in a foreign country. However, translating the document into another language will not be sufficient for it to be legally valid in the destination country. This is where the notaries come into the picture. The role of notaries is not limited to translating the document – they also verify your identity and give legal validity to the credibility of the signed document.
Who is the notary?
A notary is a lawyer who has been officially certified by the Ministry of Justice for the approval, verification and preparation of legal documents that require a notarized certificate under the Notaries Law, 5737-1976 (hereinafter: the Notaries Law).
The signature of the notary will be considered by the courts as a public certificate confirming the identity of the person who signed the document as well as the fact that the document was signed of his own free will. Notarized documents constitute admissible evidence in court and in other authorities in Israel and around the world.
The historical origins of the notary public in ancient Rome and over the years European countries adopted the method and developed it. The office of notary was recognized by the Ottoman law that prevailed over Israel before the British Mandate and even regulated by the Ottoman Notary Law in 1913. When the British occupied Israel, they split the notary public into two positions – a public notary who dealt with document approval within Israel and was a civil servant and notary for foreign documents whose job it was to prepare documents for presentation in foreign countries, who was a certified private lawyer. This separation was officially abolished in 1976 with the enactment of the Notaries Act.
Is a notary's signature enough to present documents in foreign countries?
The answer to this question is no. Most states have demanded that the identity of the notary be verified in order to verify that the notarized translation is indeed credible. In order to verify notarized documents signed in Israel, the apostille institution was developed. According to the Apostille Convention signed in The Hague in 1961 and the State of Israel is a party to it, and in accordance with the regulations implementing the Convention, which were amended in the State of Israel in 1993, an Israeli public official can certify that a certain notarial document has been signed by a certified Israeli notary. Apostille approval is valid in all one hundred and twenty signatory states. It is worth noting that in order to save customers time and effort, most notaries in the country include in the services they offer also obtaining an apostille stamp from the relevant bodies.
What are the roles of the notary?
The powers of the notary are set out in section 7 of the Notaries Act. With the powers of the notary can be listed eleven main actions:
- Signature verification on a document;
- Confirmation that the signer on a document in the name of another person has been authorized to do so;
- Confirmation of the correctness of a copy of a document;
- Confirmation of correctness of translation of a document;
- Receipt and confirmation of affidavit and any other statement;
- Confirmation that a certain person is alive;
- Confirmation of the correctness of an inventory list;
- Editing the witness of a negotiable document;
- Editing a document or performing any other action in the document when the editing or performing of the action by a notary is required or permitted by law (including the law of a foreign country) or by any other document;
- Use of the authority of a public notary under another law;
- Verification of financial agreement between spouses which was signed before the marriage.
In addition, according to the Inheritance Law, 1965, a notary can approve a will and is authorized to write a "will before an authority" just as judges are authorized to do so. For example, the Adoption of Children Law, 1981, stipulates that an application for approval of an association for international adoption will be accompanied by a comprehensive opinion on foreign law which will include a translation of the foreign law regarding adoption and will include a notarized certificate.
When do you need a notarized certificate?
The question arises, when do you even need a translation or a notarized certificate? As mentioned above, a notarized translation is required almost every time we are interested in presenting Israeli documents in bodies abroad, and vice versa. With the documents that you will probably need to present, you can name birth certificate, various academic certificates, marriage certificates and so on. Notarized translation is particularly common in the following cases:
Study Abroad – If you are interested in studying overseas, you will be required to present a notarized translation of your transcript and other diplomas, depending on the requirements of the institution to which you are interested.
Obtaining Citizenship of a Foreign Country – If you are interested in using your family roots to obtain foreign citizenship from your country of origin, you will need to submit notarized translations of your relatives' birth certificates, marriage certificates, military documents and more as part of the application process.
Business activities in foreign countries – If you are interested in doing business abroad, you will need to present notarized translations of business documents in the destination country, including a licensed dealer or company certificate and various accounts. The notarized translation of these documents is necessary so that the country in which you are interested in operating has verified your identity and the details of your business and will give you permission to carry out business activities in its territory legally.
What does a notarized certificate look like?
Under the Notaries Act, a notarized certificate will be signed by the notary. A notarized seal is a pressure stamp made of metal, on which is written the name of the notary and the inscription "notary" in Hebrew, English and Arabic (or alternatively – in French). If a notarized certificate is required for several different documents, their sheets will be tied together with a red ribbon, attached to a red mark which is stamped on the notary's seal. Of course in different countries the notarial documents appear in different forms.
What is the difference between a notarized translation and a translator's affidavit?
Notary translation can be done in two ways. The first way is a translation by a notary. In this context, the notary trusts the translation of the document as well as its approval. The translating notary must be proficient in both languages. A number of entities, including government offices and banks, require their clients to present a document which has been translated directly by a notary.
The second way to perform a notarized translation is a translator's affidavit. In this context, you can contact an external translator who will declare that he has translated the document correctly. The translated document and affidavit will be handed over to a notary, who will examine the document and give a notarized certificate if the translation is found to be correct.
Professional Ethics
Notaries are subject to strict rules of ethics which are set out in the law, which focus on maintaining the dignity of the profession, banning advertising, customer loyalty, maintaining professional secrecy, banning solicitation for receiving an offense, managing an archive for custody, handling and reviewing documents and more. All notaries are subject to disciplinary review on behalf of the District Disciplinary Tribunal of the Bar Association, which is empowered to revoke their license if they commit serious offenses against the rules of ethics listed above. In addition, notaries may not work in partnership with non-notaries, or share the salary received with another person other than a notary or the widow or minor children of a deceased notary partner.
