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In 2021, New York enacted legislation significantly reinforcing protections for individuals presenting properly drafted Power of Attorney (POA) documents. Under these laws, banks and financial institutions face penalties and fines for unjustified refusals to honor a validly executed New York POA.

However, the protective scope of these New York laws encounters limitations when documents are presented out of state. Financial institutions outside New York may refuse to recognize POAs based on specific procedural variations, such as the format or method of dating signatures. Such refusals expose the jurisdictional limitations in New York’s ability to enforce compliance beyond state borders.

New York statutes such as the Estates, Powers, and Trusts Law (EPTL), Uniform Commercial Code (UCC), and General Business Law generally do not explicitly require dates accompanying signatures to be handwritten. For instance, UCC § 3-114 notes that negotiability is unaffected by the absence or dating variations on instruments. Furthermore, while notarization under Executive Law § 137 mandates inclusion of certain information, it does not specifically require handwritten dates. These laws suggest flexibility in how dates may be affixed, focusing more on substantive execution rather than strict procedural form.

Recognizing these challenges, White Plains Apostille and Mobile Notary has adopted stringent measures to enhance document security and combat fraud. One critical security practice we maintain is the exclusive use of a very dark blue date stamp on all notarized documents. Handwritten dates, while traditional, are highly vulnerable to alterations—fraudsters can easily modify or obscure them, jeopardizing document authenticity.

We are fully aware that certain New York State laws mandate the use of black ink for signatures. However, our deliberate use of dark blue ink allows us to easily make color pdf copies and readily spot any inconsistencies or alterations as documents are transferred from individual to individual.

Our use of a dark blue date stamp significantly mitigates this risk. The ink’s vivid and unique characteristics render fraudulent alterations visibly apparent. Even when principals insist on handwriting the date, we require our secure blue date stamp to be placed immediately beneath their handwritten entry. This dual-dating approach creates a robust security feature, ensuring that any attempt at modifying the handwritten date is easily detectable by comparison to our stamped date.

This practice aligns with the core intent of the 2021 legislation—to ensure that properly executed POAs are honored without dispute while protecting all involved parties from fraud. Although our secure dating procedure may not universally prevent out-of-state institutions from challenging documents based on procedural differences, it underscores our commitment to document integrity and provides a strong deterrent against fraudulent activities.

By mandating this secure stamping practice, White Plains Apostille and Mobile Notary proactively addresses a common vulnerability and champions a higher standard of notarial and apostille services. Our methods offer an additional layer of assurance to both principals and institutions, demonstrating meticulous attention to detail and unwavering dedication to safeguarding document authenticity.

Footnote:
What if the bank or financial institution rejects a properly drafted POA (with our blue date stamp)? The law in NY is clear that the principal or agent can recover damages and litigation fees. This is no joke in New York: https://www.nysenate.gov/legislation/laws/GOB/5-1504

Why You Should Avoid Third-Party Background Check Companies for Dual Citizenship Applications

Our company has processed thousands of dual citizenship applications for well over 50 countries. One of the most frequent questions we receive from applicants is about the type of background check that should be submitted to embassies and consulates. This article addresses these concerns and explains why we strongly advise against using third-party background check companies, especially for sensitive applications such as dual citizenship.

The Risks of Using Third-Party Background Check Companies

Checkr: Checkr has faced numerous complaints regarding inaccuracies in their background checks, which have led to job disqualifications based on outdated or incorrect criminal records. Users have reported issues with the length of time Checkr takes to verify information, sometimes causing significant delays in employment opportunities. Complaints also highlight problems with incorrect information being reported, leading to job disqualifications based on outdated or erroneous criminal records​ (Better Business Bureau)​​ (Checkr)​.

GoodHire: GoodHire has had significant issues with inaccuracies in their background checks. Users have reported cases where major criminal records were missed, which later caused serious employment problems. Additionally, GoodHire has been criticized for not adequately verifying information and making it difficult to get timely corrections to inaccuracies​ (Privacy Rights Clearinghouse)​​ (Better Business Bureau)​​ (NerdWallet: Finance smarter)​.

Accurate Background: Accurate Background has been reported for data security issues and slow response times to disputes, making it challenging for users to correct incorrect information. This can lead to significant delays in employment or other critical applications.

HireRight: HireRight has a history of legal issues and fines related to non-compliance with the Fair Credit Reporting Act (FCRA). The company has been involved in multiple lawsuits due to providing incorrect information and failing to offer proper dispute mechanisms for affected individuals​ (Enzuzo)​.

Sterling: Sterling has experienced data breaches that compromised sensitive personal information. The company has struggled with inaccuracies in reports and a slow dispute resolution process, impacting users’ employment opportunities.

Instant Checkmate and Intelius: Both companies have reported significant data breaches. Instant Checkmate, for instance, disclosed a breach affecting over 11.9 million accounts, exposing names, email addresses, and encrypted passwords​ (SecurityWeek)​.

First Advantage: First Advantage has been involved in lawsuits over inaccuracies in background checks, including outdated criminal history information. The company has faced legal challenges for not ensuring the accuracy and timeliness of the information provided in their reports​ (SecurityWeek)​.

IntelliCorp: IntelliCorp has received complaints about inaccuracies and difficulties in disputing incorrect information. Users have reported that the process of correcting errors is cumbersome and slow, leading to significant delays in employment or other opportunities.

Why Third-Party Background Checks Are Not Trusted for Dual Citizenship

Countries participating in the 1961 Hague Convention and the Apostille process do not accept background checks from third-party private contractors. These countries only accept federal FBI background checks with an Apostille issued through Washington, DC. The stringent requirements ensure that the background checks are accurate, secure, and adhere to international standards.

Our Company Policy

Our company does not permit any non-governmental agencies from obtaining private information from any of our Apostille expediters or notaries. Many of our notaries already hold bonding certificates and maintain additional licenses such as real estate, insurance, and sometimes even governmental financial securities licenses. This ensures that all background checks are handled with the highest level of security and professionalism.

Our Recommendation

We strongly advise against using third-party background check companies for dual citizenship applications or other highly sensitive clearances. Instead, we recommend utilizing the New York State Criminal Search Portal or the FBI background check system. These government-provided services offer:

• Stringent Regulatory Oversight: Government agencies operate under strict regulatory standards, ensuring the highest level of accuracy and data protection.
• Robust Data Protection Measures: Federal background checks are conducted with stringent security measures, reducing the risk of data breaches and unauthorized access.
• Global Acceptance: Federal background checks are widely accepted by embassies and consulates around the world, ensuring a smoother application process for dual citizenship.

By opting for secure and trustworthy government-provided background checks, you can avoid the significant risks posed by third-party background check companies and ensure your sensitive information is protected. This approach not only adheres to international standards but also provides peace of mind that your background check will be accurate and secure.

Apostilleapply.com can help you!

We are located in the heart of White Plains, New York and with our proximity to both the Westchester County Clerk and the Department of State in New York City we process Apostille applications each and every day.

There are no mailings or envelopes to deal with. We pick up and can many times deliver your Apostille in one day!

Westchester Apostille offers 10 day, 5 day and 24 hour processing.

If you’re outside of New York state, then upload your documents for color laser printing and same day Apostilles as well. Apostilleapply.com, Apostilles in a hurry!

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similar articles: Apostilles In A Hurry With Apostille Apply || Apostilles Made Easy And Fast For You With Apostille Apply

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An apostille is a certification or authentication provided under the 1961 Hague Convention for authenticating documents for use in foreign countries.

The main function of a birth certificate apostille is to certify the authenticity of the signature of the document and the authenticity and legal standing of the originating notary.

Both the New York State and the U.S Department of State will only issue apostilles for documents to use in countries that are members of the 1961 Hague Convention.

State-issues documents for use in countries that are members of 1961 convention must be authenticated by the competent authority in the state where the document was issued.

Most states consider that a birth certificate is a private document but any person can obtain an apostille of their birth certificate. An apostille birth certification is an official copy of the original birth certificate that is verified and signed by the respective official – for example the Westchester County Clerk.

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