We are expats living in Vietnam. We have made a modification of a notarized contract, may we notarize the modified contract? Can you advise me? Notarization of the modification, supplementation or cancellation of contracts :. The modification, supplementation or cancellation of a notarized contract or transaction may be notarized only with the written agreements or commitments of all parties to that contract or transaction.
The modification, supplementation or cancellation of a notarized contract or transaction shall be notarized at the notarial practice organization that has conducted the notarization and shall be made by a notary. If the notarial practice organization that has conducted the notarization has terminated its operation or been transformed, transferred or dissolved, a notary of the notarial practice organization that is keeping the notarial records shall modify, supplement or cancel the contract or transaction.
Procedures for notarization of the modification, supplementation or cancellation of a notarized contract or transaction are the same as procedures for notarization of contracts and transactions prescribed in this Chapter Article 51 Law on Notarization No.
For Legal Assistance:. Call: or Email: dmslawfirm gmail. But smart business owners know the financial and legal value of having signatures on that important contract or agreement notarized. A notary public is a person who has a special commission from a state or county government to allow him or her to acknowledge or officially witness another person's signature on a document.
The purpose of the law is to provide a form of legal guarantee that the person signing the document is "The Real McCoy" or "The Real John Hancock" for that matter. Long ago, it was legally essential to have many types of contracts notarized. Today, however, the law typically requires that only a few types of documents have to be notarized to be lawful and valid.
The most common area where notarization of signatures is still required is on real estate deeds. So if the law doesn't require you to notarize signatures on your contracts, why would you want to? There are two very practical and money-saving reasons. First, as unbelievable as it may sound, a person may actually deny in court that he signed a contract, particularly if that contract placed him on the short end of the deal. Once a person denies signing a contract, there are big read: very expensive legal hurdles you and your lawyer have to jump over to win in court.
Fortunately, having all signatures notarized can be a very simple and inexpensive way to prevent this very expensive nightmare from happening to you. The magic behind the notarization of signatures is that many state courts and all federal courts automatically declare a notarized signature to be authentic in court. Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:.
What this bit of legal "mumbo jumbo" means is that when a person's signature has been notarized, many courts waive the legal requirement of proving authentication of the contract and that alone can save you a great deal of time and money in court. There's a second important reason to require notarization of signatures on important documents: Notaries are typically required by states or counties to be bonded by insurance companies.
To show why this can be important to you, let's take the example of a contract where all the signatures have been notarized but later in court one of the parties denies ever having signed the contract. The notary is then brought into court to testify that he did in fact witness the signatures of all the parties to the contract as is indicated in the notary acknowledgements. If it turns out that the notary made a mistake in verifying the signatures for example, failed to check their identification or failed to actually witness the signing , then the insurance company who issued the bond for the notary will very likely be responsible for any damages that your business incurs if the notary's mistake causes you to lose the contract lawsuit.
Although the dollar amounts of notary's bonds are not huge typically in the range of a few thousand dollars , you need to ask yourself this money-saving question the next time you sign a big contract: If I can't prove in court that the other party actually signed my contract, who's going to pay for that mistake, me or some notary who is bonded by an insurance company? You need to choose an online notary service carefully because not all of them are reliable and affordable.
If you find the online notarization method appealing, you should go for DoNotPay! Our app allows you to schedule numerous appointments with a notary for a fixed, affordable monthly fee.
Here are the steps for accessing our notarization feature:. You will receive a link that you can use to confirm your appointment with the notary. The appointment will take place on a video call, where a notary will witness you e-signing the document.
The notary will take a few minutes to verify your identity and return your contract with an electronic signature and a stamp. DoNotPay has a lot more in store! Our Standardized Legal Documents feature can create a personalized contract that meets all legal requirements. You can use our platform to notarize and fax that same document! DoNotPay allows you to create an unlimited number of contracts and agreements per month, including:. DoNotPay can help you surf the web safely and securely.
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