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Corporation, Partnership, Self-Employed

I have a mechanics release lien that all my subcontractors have to sign. The contract is between their company and the construction company where I am an officer and stockholder. My signature is not on the contract or release lien. Can I notarize that contract?

In order for the notary public to perform his duties of office ethically, it is essential that he be an impartial party who is “disinterested” in the transaction. By notarizing the company’s mechanic liens, you could be subjecting such liens to legal challenges because of your position in the construction company as an officer and stockholder. A notary public who is a party to a transaction, or who has a direct or indirect financial and/or beneficial interest in the transaction, must not perform the notarization.

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I am part owner of a real estate investment company. Can I notarize the signature of a buyer on a real estate document if I will not receive a commission on the sale because I only draw a salary from the company?

The statutes in many states generally state that an officer who is a shareholder in a corporation is not necessarily disqualified from taking an acknowledgment or proof of an instrument in which the corporation has an interest unless the officer owns more than one-tenth of one percent of the issued and outstanding stock. A notary public who has a direct or indirect financial and/or beneficial interest in the transaction must not perform the notarization because any interest in the transaction affects impartiality.

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As an officer of a corporation, may I notarize the documents that I will be signing on behalf of a corporation?

No. A notary public may not notarize his own signature. A notary public who is a party to a transaction, or has a direct or indirect financial and/or beneficial interest in the transaction, must not perform the notarization.

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If a signer is signing in the capacity of a corporation, do I need to see proof of his official capacity with the corporation?

No. The signer only has to represent and acknowledge to the notary public that he is acting in the official capacity of the principal signer, which is the corporation. The notary public is still required to follow proper notarial procedures in the execution of every notarization.

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Can I notarize an affidavit of possession for someone proving ownership of a vehicle that is being held at a vehicle storage facility if I have ownership in the storage facility?

No. Your ownership of the storage facility means you are not conclusively a disinterested third party when the notarizing the affidavit of right to possession regarding vehicles held in your vehicle storage facility. If a notary is a party to a transaction, or has a direct or indirect financial and/or beneficial interest in the transaction, the notary must not perform the notarial act.

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Can an employee notarize documents for an employer?

Yes. A notary public who will not benefit from the transaction in excess of his normal salary and benefits can notarize the signature of his or her employer.

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May a notary notarize a self-serving document by a fiduciary?

If the notary public is named as a party to the transaction or has a direct or indirect financial and/or beneficial interest in the document, no matter how small, the notary must not notarize the document.

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I own my own business. Can I notarize for my clients?

A notary public who is named as a party to the transaction or has a direct or indirect financial and/or beneficial interest in the document, no matter how small, is no longer impartial; and in such a situation, the notary must not perform the notarial act. A business owner is not necessarily disqualified from taking an acknowledgment or proof of an instrument unless the transaction names the business owner and/or the business. Please consult with an attorney for legal advice.

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My husband and I are real estate realtors. May I notarize documents for clients of the business?

Notaries public who receive directly from a transaction connected with the notarial act any commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the fees specified in state statute may not perform the notarial act. Furthermore, some states hold themselves out as a “community property” state, notaries should be careful not to get involve in notarizing documents that may involve community property. Please consult with your attorney for legal advice.

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Legal disclaimer: 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 we do not guarantee the accuracy, completeness, or reliability of the information provided. You should always seek the advice of a licensed attorney for any legal matters. It is your responsibility to know the appropriate notary laws governing your state. 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.