Categories

Conflict of Interest


Notarizing for Family Members and the Family Businesses


Our readers have undoubtedly heard the legendary story about President Calvin Coolidge being sworn into the office of President of the United States of America by his father in 1923.

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Notarizing for Family Members


Notaries must be impartial witnesses to transactions. They may not have an interest in the documents that they notarize. By the same token, notaries are prohibited from notarizing their own signatures, or documents in which they are named.

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Can a Notary Offer Non-Notarial Services to their Notary Clients?


Most notaries acquire a notary commission as an additional credential. Very often, offering notarial services is not the notary's only, or primary, occupation. Many individuals become notaries at the request of their employers, while others wish to offer services to their local communities and neighborhoods.

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Can a Witness to a Notarization Have a Financial Interest in the Notarized Document?


The role of the notary public in society is of vital importance. When a notary places his or her stamp and signature on a document, the document recipient or the receiving institution automatically assumes that the notary has executed his or her responsibility correctly. This means that the notary has maintained impartiality, has performed notarial duties according to state law, and has acted with the utmost integrity.

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Refusing to Notarize When There Is a Question of Benefit


A notary public should comply with every reasonable request when called upon to notarize a document. However, there are times when a request may not only be unreasonable, but may actually be unlawful.

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Notaries, Avoid Conflicts of Interest!


Never act in a notary capacity if you have any involvement whatsoever in the transaction taking place. If you are named in the document, or if a family member or close affiliate is named, refuse to notarize. You must be a completely unbiased witness to the execution, and you are not unbiased, if for example, your spouse, your sister, or your boyfriend stands to gain financially or emotionally from the transaction taking place.

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Legal Disclaimer: The American Association of Notaries is committed to providing accurate and up-to-date information. However, it is important to note that the information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and do not guarantee the accuracy, completeness, or reliability of the information provided. It is your responsibility to know the appropriate notary laws governing your state. You should always seek the advice of a licensed attorney for any legal matters. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions. 

Notary bonds and errors and omissions insurance policies provided by this insurance agency, American Association of Notaries, Inc., are underwritten by Western Surety Company, Universal Surety of America, or Surety Bonding Company of America, which are subsidiaries of CNA Surety.