I found this: "A Commissioned Officer in the United States Armed Forces is not considered a Notary; however, federal law allows a commissioned officer to certify documents and administer oaths. In addition to the powers granted by the federal government, some states have enacted laws granting notarial powers to commissioned officers." Not source was cited, but over my career I always thought an officer could notarize documents....

Thoughts?????

BT;
I don't have a source for you, but the item you quoted is fairly on point. Technicaly, a 'notary' is a type of 'commision' given by a government, normally state or local wherein the gov't places a level of trust in a person's signature. Most organizations accept that same level of trust, under certain circumstances, to those who have recieved federal commisions. It is normally NOT unilateral for all things though.

Short answer is YES. Check UCMJ - Article 136 for specific authority. Can only notarize for other military members and dependents. I am a CA Notary Public but when I was deployed to Q8 I did not have access to the normal sources for legal documents so I used the Navy XO of MIUWU 206. She had a stamp/seal and made everything nice and official. These are the people authorized under 136:
(1) All judge advocates

(2) All summary courts-martial.

(3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants.

(4) All commanding officers of the Navy, Marine Corps, and Coast Guard.

(5) All staff judge advocates and legal officers, and acting or assistant staff judge advocates and legal officers.

(6) All other persons designated by regulations of the armed forces or by statute.

(b) The following persons on active duty or performing inactive-duty training may administer oaths necessary in the performance of their duties:

(1) The president, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial.

(2) The president and counsel for the court of any court of inquiry.

(3) All officers designated to take a deposition.

(4) All persons detailed to conduct an investigation.

(5) All recruiting officers.

(6) All other persons designated by regulations of the armed forces or by statute.

(c) No fee may be paid to or received by any person for the performance of any notarial act herein authorized.

(d) The signature without seal of any such person acting as notary, together with the title of his office, is prima facie evidence of his authority.

Yes and no

TITLE 14 > PART I > CHAPTER 17 > § 636Prev | Next § 636. Administration of oaths

(a) Such commissioned and warrant officers of the Coast Guard as may be designated by the Commandant may, pursuant to rules prescribed by the Commandant, exercise the general powers of a notary public in the administration of oaths for the following purposes:

(1) execution, acknowledgment, and attestation of instruments and papers, oaths of allegiance in connection with recruiting, oaths in connection with courts and boards, and all other notarial acts in connection with the proper execution of Coast Guard functions;

(2) execution, acknowledgment, and attestation of instruments and papers, and all other notarial acts in time of war or national emergency; and

(3) execution, acknowledgment, and attestation of instruments and papers, and all other notarial acts in Alaska and places beyond the continental limits of the United States where the Coast Guard is serving.
(b) No fee of any character shall be charged by any commissioned or warrant officer for performing notarial acts. The signature and indication of grade of any commissioned or warrant officer performing any notarial act shall be prima facie evidence of his authority.

Common documents I notarized were voting registrations and passport applications.

Hey, I found my reference, I think 14USC636 is a pretty good cite for what I was saying.

I believe it requires further references as I believe it REQUIRES designation by the Comdt and does not apply to all officers or all situations.

quote:

I believe it requires further references as I believe it REQUIRES designation by the Comdt and does not apply to all officers or all situations.

I think that's right. Legal Assistance Program, COMDTINST 5801.4E, appears to allow only CG officers assigned to legal offices and those specifically delegated authority by the legal program to serve as notaries. I think there are some record-keeping requirements associated with being a notary or at least a log book. They probably provide some training or information before designating people. Here's what the COMDTINST says:

(1) Pursuant to 10 U.S.C. § 1044a, the following individuals, including reservists, have the general powers of notary public and of a consul of the United States in the performance of all notarial services to be used by any of the individuals listed in subparagraph (2) below.
(a) All judge advocates.
(b) All civilian attorneys employed by the Coast Guard serving as legal assistance attorneys.
(c) Chief Warrant Officers and Petty Officers assigned to a Coast Guard legal office or staff, serving under the immediate supervision of a legal assistance attorney. “Immediate supervision” means under the direct guidance or management of another. Immediate supervision does not require a supervisor to be present at all times when the individual being supervised is performing assigned duties, nor does it require a performance rating relationship. However, the supervisor and the person supervised must perform duty in the same general location.
(d) Commissioned Officers and Petty Officers when designated in writing by the responsible Command Director of Legal Assistance, acting under the training and supervision of a legal assistance attorney. Notarial authority for this section is limited to documents prepared by a legal assistance attorney.

quote:

notary public and of a consul of the United States

tx;
See here is where CG Instructions get interesting. The cut that you pasted does not refer to who is a notary, it refers to who is a "... notary public and of consul of the United States...." (emphasis added).

quote:

tx;
See here is where CG Instructions get interesting. The cut that you pasted does not refer to who is a notary, it refers to who is a "... notary public and of consul of the United States...." (emphasis added).

Yeah, I see your point. I think the intent is to distinguish notarial services in the U. S. from those outside the U. S. I checked the State Dept website, and it looks like a "notary public" is only commissioned for duties inside the U. S. Citizens outside the U. S. get notarial services done by a consul: American Notaries Abroad I guess properly designated CG officials can perform these services at home and overseas.