[WSBAPT] PR in Japan

Mon Sep 9 15:10:31 PDT 2019

Jenny, I have had to think about this three times recently. Start with the new statute, from 2017:

42.45.120. Foreign notarial act

(1) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe.

(2) If a notarial act is performed under the authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.

(3) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

(4) The signature and official stamp of an individual holding an office described in subsection (3) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.

(5) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Hague Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

(6) A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

I have called the Seattle consulate of the country I am dealing with to ask what the deal is in their country, and I have also, in a different one, emailed the American consulate in the country where the signer is to ask about what the process is if they can't get to the consulate. Was lucky both times to get helpful people answering for me.   

Rob

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jenny Ling
Sent: Monday, September 09, 2019 2:20 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] PR in Japan

Hi All,

I have a probate where the PR is in Japan. Has anyone filed an Oath for PR in Japan? My understanding is that they do not notarize documents the way we do here, rather each adult may be issued a government approved and registered stamp which is used for signing of legal documentation.  Is there something I should file with the court to clarify why the PR would not have a notarized signature in the way we do here? PR lives very far away from an Embassy, otherwise I'd have the PR just go there. Thank you.

Kind Regards,

Jenny Ling, Esq.
Attorney and Counselor at Law

The Law Offices of Jenny Ling, PLLC
Enhancing Your Life Today, Securing Your Family for Years to Come 
14900 Interurban Ave. S., Ste 280 | Seattle, WA 98168
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
P: (206) 859-5098 ext. 131 | E: jenny at jennylinglaw.com 
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