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What Notaries need to know about disqualifying interest

a Notary refusing money offered by a client

Updated 12-11-23. A Notary’s impartiality is a critical element of every notarization. Anything that suggests the Notary is biased or has an incentive to be dishonest undermines the public’s ability to trust your work.

While not everything that “looks” like a conflict of interest is one, there are times when your connection to the signer or the transaction might inappropriately influence your conduct when completing the notarization. This is known as “disqualifying interest.”

What is ‘Disqualifying Interest’?

But what constitutes “disqualifying interest”? Is it when the Notary would receive some kind of material benefit from the document being notarized? When the Notary is married to the signer? Or is it when the Notary is a sibling, child or other relative of the signer? Depending on state law, the answer may include any or all of the above. Check out the short video below to get a better understanding of what constitutes disqualifying interest.

Why Notaries should always act impartially

Why should Notaries always act impartially? Simply put, the legality of a document could be challenged if a party harmed by the notarization proves the Notary’s impartiality was compromised. Consider the following scenario. A property owner sells a home to a buyer and finances the loan. The buyer defaults on the loan and declares bankruptcy. The owner loses $19,000 in the bankruptcy because the deed of trust was invalidated. The Notary who notarized the deed of trust was named as trustee in the deed of trust. In this actual case, the West Virginia Supreme Court in Galloway v. Cinello ruled that the Notary negligently notarized the deed of trust. As a result, the Notary could be held liable for the owner’s losses.

What if the Notary has an interest in the document?

Some cases of disqualifying interest are easy to spot. For example, a Notary must never notarize his or her own signature — there’s no way a Notary can be an impartial witness in such a situation.

As a general rule, it’s inappropriate to notarize a signature on any transaction in which the Notary is named in a document or would receive a direct benefit from the transaction. Some states specify additional situations. For example, Pennsylvania Notaries may not take an acknowledgment on a power of attorney document if the Notary is named as an agent in the document or serves as a witness to the signing of the power of attorney.

However, some states make specific exceptions to this rule. Kansas and California broadly permit a Notary who is an agent, employee, insurer, attorney, escrow officer or lender for a person with a financial or beneficial interest in a document to notarize transactions involving the Notary’s client.

Florida permits employees to notarize an employer’s signature provided they do not receive any benefit other than their normal salary and any authorized Notary fee.

Nevada allows attorneys licensed to practice in the state to notarize signatures on an instrument or pleading if the attorney has received a fee for legal services related to the instrument or pleading beyond the statutory Notary fee.

New York permits attorneys admitted to practice in New York State to notarize for their clients. 

Texas permits employees to notarize an acknowledgment or proof of a written instrument in which the employee's company has an interest. Texas also permits a shareholder in a corporation to notarize corporate documents unless the corporation has 1,000 or fewer shareholders or the Notary owns more than one-tenth of one percent of the corporation's issued and outstanding stock.

If you are unsure whether you have a beneficial interest in a notarization, always check your state’s laws before proceeding. If there is any uncertainty about whether you have an inappropriate interest in the document, have another Notary handle the notarization instead.

What if the Notary is related to the signer?

If the Notary is related to the signer in some way, a disqualifying interest may exist. State laws vary widely on the issue of notarizing for family members. Most states are silent on the matter, thus permitting Notaries to notarize for any relative, provided there is no other disqualifying conflict of interest. Others prohibit notarizing for specific relatives — Arizona prohibits notarizing for the Notary's spouse. While Arizona Notaries are not prohibited from notarizing for other family members, the state recommends against doing so.

Florida prohibits notarizing signatures of spouses, sons, daughters, mothers or fathers, but allows Notaries to conduct weddings for relatives. Nevada — arguably with the most restrictive statute — includes a prohibition against notarizing for relatives related by blood and marriage, and includes adopted children, half- and step-relatives as well as domestic partners.

Again, always check your state’s laws if you are not sure if your connection to a signer constitutes beneficial interest, and when in doubt, ask a different Notary with no interest to notarize instead.

David Thun is the Assistant Managing Editor at the National Notary Association.


Related Articles:

When to say ‘no’ ... and when refusing a notarization is not allowed

Avoiding Conflicts Of Interest In The Workplace


View All: Best Practices

85 Comments

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Eileen Wood

22 Feb 2016

Nevada does allow a notary to notarize for ex-relatives-by-marriage, provided the document being notarized doesn't provide any benefit to the notary or his/her immediate family. For instance, I could notarize a document for my ex-husband or his parents provided our children were not mentioned in, or would benefit by, whatever the document pertained to.

National Notary Association

23 Feb 2016

Hello. Nevada Notary law defines a relative as (NRS 240.065[3]): (a) A spouse or domestic partner, parent, grandparent or stepparent; (b) A natural-born child, stepchild or adopted child; (c) A grandchild, brother, sister, half-brother, half-sister, stepbrother or stepsister; (d) A grandparent, parent, brother, sister, half-brother, half-sister, stepbrother or stepsister of the Notary’s spouse or domestic partner; and (e) A natural-born child, stepchild or adopted child of a sibling or half-sibling of the Notary or of a sibling or half-sibling of the Notary’s spouse or domestic partner.

susan cochran

22 Feb 2016

unable to read the text because of this verificqtion and comment section so I cannot offer any other comment.

National Notary Association

23 Feb 2016

Hello. If you are having issues viewing an article, please contact us at social@nationalnotary.org with a description of the problem and what type of device you are viewing the article with, and we will try to assist you.

Stacy

01 Mar 2016

I am wondering if a Nevada notary is receiving an incentive/commission as a result of a loan signing that includes a notarized document, can they notarize the docs or should they use another notary?

National Notary Association

02 Mar 2016

Hello. Nevada Notaries may not notarize a document if they have received or will receive as a direct result of the notarization any commission, fee, advantage, right, title, interest, property, or other consideration in excess of the authorized notarial fee. (NRS 240.065[1])

Elizabeth Silver

26 Sep 2016

In NY the law says that a notary cannot notarize documents if the notary is "a party to or directly and pecuniarily interested in the transaction". If I notarize a document for a project at my company, I would benefit because I would be helping the company to complete a business transaction. In NYS, would I be able to act or would I be precluded in such a case?

National Notary Association

27 Sep 2016

Hello. Executive Law 138 states that corporate stockholders, directors, officers and employees may notarize for other stockholders, directors, officers or employees if the notarizing officer is not a party to the transaction, either individually or as a representative of the corporation (EL 138)

Deborah Planet

16 Jan 2017

Please write about loan fraud and examples in the State of California

joe pfeiffer

16 Jan 2017

I am a notary in Tennessee. I am also clergy. If a couple is asking me to officiate their marriage I can easily perform the rite of marriage. However, if one of the couple is hospitalized and an affidavit to marry needs to be notarized. Can I notarize the license? (the fiance returns to the clerk to get the official license after presenting the notarized affidavit since the other fiance is hospitalized and unable to appear before the County Clerk).

National Notary Association

17 Jan 2017

Hello. Tennessee does not specifically address the example of clergy notarizing for a couple the clergy is performing a marriage for . However, in an opinion issued in 2010, the Tennessee Attorney General stated that a Notary should not perform an acknowledgment to which the Notary is a party to or has an interest in.

Alessandro

16 Jan 2017

Washington State seems to me more lax: RCW 42.44.080 - Standards for Notarial Acts states simply that (10) A notary public is disqualified from performing a notarial act when the notary is a signer of the document which is to be notarized.

Howard Loewenstein

24 Feb 2017

I wanted to know if you are working for a govt town and get called in for am meetign with your superiors and the town attorney who works for the same town and the attorney is the one kind of "holding" the meeting ,it is for adding 6 more months onto your initial probation in relation to your new job. well after this meeting is all said and done and they draft the document and you already signed it with others in same room. Can this town attorney/notary be legal and okay to be the one notarizing this document after he was the one "leading the charge" so to speak ? i would love any clarification on this, thanks much. is this conflict of interest? would this void that document?

National Notary Association

28 Feb 2017

Hello Howard. In order for us to answer your question, can you please tell us 1. What state you are located in and, 2. can you please clarify if the attorney signed or is named in the document, and 3. if your signature was notarized without you being present?

Josh

03 Mar 2017

I live in Massachusetts and work as a financial advisor for a firm. Our clients typically need to open new financial accounts which we will manage. I'm trying to determine whether there is a conflict for me to notarize forms for my clients or clients for other advisors at the firm. Opening the account itself provides no financial interest to me. If the account is funded and we charge advisory fees it's possible that there is some financial interest because if the firm is more profitable they might increase my salary, but I do not receive commissions for my clients or any other clients.

National Notary Association

06 Mar 2017

Hello. Massachusetts prohibits notarizing if the Notary is a party to or is named in the document that is to be notarized, if the Notary will receive a fee or benefit in excess of the state maximum fee for notarizations, or if the Notary has any financial interest in the subject matter of the document. If there is uncertainty on this issue, we strongly recommended having another Notary without any interest in the document perform the notarization instead just to be safe.

Samantha

25 Oct 2017

I live in New Jersey and just recently got my notary license and a translator certificate. Some one told me that it would be a conflict of interest if i both translated and notarize the same document. Is this true under the laws of NJ? I have tried to look online but haven't been able to find an answer.

National Notary Association

25 Oct 2017

Hello. If you have translated a document, you may not notarize your own signature on a statement verifying the translation is accurate. You would need to have another Notary notarize your signature on such a statement.

Alysha

28 Dec 2017

Hello, I am a notary in CA. I work for a Bank, certain transactions I receive a sales incentive on. Is this permitted if I am notarizing a document and then receiving this sales incentive?

National Notary Association

02 Jan 2018

Hello. “A notary public who has a direct financial or beneficial interest in a transaction shall not perform any notarial act in connection with such transaction. For purposes of this section, a notary public has a direct financial or beneficial interest in a transaction if the notary public: (a) With respect to a financial transaction, is named, individually, as a principal to the transaction. (b) With respect to real property, is named, individually, as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee, to the transaction” (GC 8224) If you have any concern that your impartiality as a Notary might be challenged due to receiving the sales incentive for the documents, we would recommend having another Notary that does not receive a benefit from the documents perform the notarization instead to be on the safe side.

Aubree

22 Jan 2018

Hello, I am in Colorado. I am the Office Manager for my husband's company in which he needs certain documents notarized (mostly for DMV purposes). Would I be permitted to notarize for him as long as I am not named in the document?

National Notary Association

23 Jan 2018

Hello. Here is what the Colorado Secretary of State's office website says about notarizing for a spouse: “You are not prohibited from witnessing and notarizing the signatures of a spouse or other relatives. However, a notary public who has a disqualifying interest in a transaction cannot legally perform any notarial act in connection with the transaction. If the document were to be questioned for any reason, the notarial act may be looked at more closely than if the notary was not a relative. In addition, if the witnessed document is one from which you might benefit, your right to receive that benefit may be jeopardized. To avoid questions about your impartiality as a notary as well as accusations of undue influence, it is always safest for a signer to find a notary that he or she is not related to” (https://www.sos.state.co.us/pubs/notary/FAQ/duties.html)

Del Kel

13 Jun 2018

I am a New Hampshire notary. Can I notirize my ex husband papers?

National Notary Association

18 Jun 2018

Hello. New Hampshire does not disqualify you from notarizing if the signer is a relative or former spouse. However, if you have any kind of beneficial interest in the document, or are named in the document, you should not notarize and another Notary should perform the notarization instead.

Lisa

25 Jun 2018

Hi. I am a NY notary. Can I notarize a power of attorney from my ex-father-in-law to my ex-husband and his brother? Thanks.

National Notary Association

27 Jun 2018

Hello. New York prohibits notarizing if the Notary is a party to or directly and pecuniarily interested in the transaction.

Joseph Knowles

10 Oct 2018

I have a question.. A notary public stamp a quit claim deed with my signature. Me being the grantor in the grantee being the sister n law.. The notary is sister through marriage.. I didnt know i sign a deed... My question is could notary public be liable? I never ever meant the notary public.. we are located in Michigan.. I didn't sign in front of her.. We never talk text or even cross path before..

National Notary Association

10 Oct 2018

Hello. If you suspect yourself to be the victim of possible fraud, you should contact local law enforcement or your state attorney general's office immediately to report it.

Donald

05 Dec 2018

In Hawaii can an attorney notarize a client's document which he prepared for a fee?

National Notary Association

05 Dec 2018

Hello. No: “The Notary shall not notarize for a client or customer who will pay the Notary a commission or fee for the resulting transaction, apart from the fee for performing a notarial act allowed by statute” (TNPCPR II-A-2).

Tammy Boothe

14 Jan 2019

Does Alabama law allow for the notary to be a relative to said notary, notary not named in the documents and will receive no compensation for that "act of kindness to notorize shx5t2without charge for family".

National Notary Association

14 Jan 2019

Hello. Alabama Notary law does not address disqualifying interest for relatives of Notaries, but in 1995, the Alabama Attorney General issued the following opinion: “(R)esearch does not reveal any law that prohibits a notary public from notarizing a relative’s or spouse’s signature. However, the better practice would be for a notary public to refrain from notarization of the signature of his or her spouse or immediate family member so the impartiality of the notary public would not be an issue should the authentication of the document be questioned” (Ala. Atty. Gen. Opinion 95-00289 of August 16, 1995).

Jeannie Griffin

14 Jan 2019

This would also include Title Companies and Signing Services that don't pay the Notary for her services unless the loan closes at the table and in some cases they try not to pay Notaries when Borrowers exercise their 3 day right to cancel. This would cause a Notary to have 'an interest' in the signing completing. A NO NO Notary should always be paid for service performed no matter the relationship or outcome with the Lender/Borrower.

Derrik Hubbard

11 Apr 2019

As a California resident, I'm contemplating becoming a notary to notarize a common document, A Limited Power of Attorney, that allows me to sign loan documents on behalf of clients. I also receive economic compensation from this investment. Do these circumstances preclude me from notarizing the signature of the client on the Limited Power of Attorney?

National Notary Association

12 Apr 2019

“A notary public shall not take the acknowledgment or proof of instruments of writing executed by the notary public nor shall depositions or affidavits of the notary public be taken by the notary public” (GC 8224.1). “A notary public who has a direct financial or beneficial interest in a transaction shall not perform any notarial act in connection with such transaction." (GC 8224)

Kirk Bell

17 Jun 2019

Can a notary notarize documents for non-blood relatives (relatives through marriage) which there is no interest on the notary?

National Notary Association

18 Jun 2019

Hello. To help us answer your question can you please tell us what state you are commissioned in?

Tilila Mahe

10 Jul 2019

I want to sponsor Someone to come visit this country for one wk or 2. I'm wondering am I still need a immigration notary?

National Notary Association

22 Jul 2019

Hello. If you have questions about sponsoring an immigrant, you should contact a qualified immigration attorney or USCIS for assistance.

DORA LILIA MORALES

13 Jan 2020

Good afternoon, like Notary for The State of TEXAS, can notarized a paper to my husband, son or any relative? Thanks. And other question: Like Notary, in the State of TEXAS, can a Notary accept Passport from Mexico, or other Country? The Passports are expedited for their Consulates in the State of Texas. Thank you very much.

National Notary Association

14 Jan 2020

Hello. There is no specific prohibition against notarizing for relatives in Texas, but Texas Notaries may not notarize if the Notary is a party to the instrument or financially or beneficially interested in the transaction. Also, Notaries may not notarize their own signatures.

David Schlosberg

14 Jan 2020

I am commissioned in Florida. If I am asked to take an acknowledgement by somebody while we are both flying in a plane, may I rely on the pilot's advice as to the state and county we are flying over or do I have to know that of my own personal knowledge.

National Notary Association

14 Jan 2020

Hello. You may not notarize documents outside Florida. You should not attempt to notarize documents while traveling by air since you are traveling at high speed and are not in a fixed location.

DORA LILIA MORALES

26 Jan 2020

Good afternoon, like Notary for the State of TEXAS, can a Notary accept Passport from Mexico, or other Country? This Passports are expedited for their Consulates in the State of Texas. Thank you very much for your attention.

National Notary Association

27 Jan 2020

Hello. A Texas Notary may only accept a current foreign passport as proof of a signer's identity if the notarization relates to a deed or other instrument relating to a residential real estate transaction (CPRC 121.005[b][3]).

Victoria Gentry

11 Feb 2020

Hello, My children’s father and I are going through the court system right now in regards to the custody of our two kids. He has tried to file for contempt against me, and had his girlfriend which he lives with and has help raise our children, notarize his court papers. Is this allowed in the state of Florida if she is emotionally invested in this case herself?

National Notary Association

12 Feb 2020

Hello. Florida prohibits its Notaries from notarizing their own signatures (FS 117.05[1]), and prohibits notarizing if the Notary has a financial interest or is a party to the transaction (FS 117.107[12]). Attorneys may notarize for clients if the attorney has no interest in the document other than the fee paid for legal services or notarization (FS 117.107[12]). Florida Notaries are also prohibited from notarizing the signatures of the Notary's spouse, son, daughter, mother, or father (FS 117.107[11]). Any legal questions about the specific details of the case you are involved in would need to be answered by a qualified attorney.

Schulonda Ellis

09 May 2020

Hello, my friend is getting married in six months she is a notary in the state of Arizona. Back in 2012 she notarized an Warranty deed for her then fiance but, the marriage did not fall through. She finds herself in the same predicament her current fiance, where her new partner wants her to notarize a legal document for her. My question is, is this legal and will this fall back on her if something goes wrong in this legal case. Due to her being his fiance is this going to hurt his case? She will be moving into his home where she signed a document for him, keep in mind they are not married yet. Is this a conflict of interest or will she be okay in doing so?

National Notary Association

11 May 2020

Hello. Any legal questions about your friend's situation would need to be answered by a qualified attorney. However, regarding Arizona Notary rules for disqualifying interest, we can tell you that Arizona Notaries may not perform a notarization on a document "if the notary is an officer of any named party, if the notary is a party to the document or if the notary will receive any direct material benefit from the transaction that is evidenced by the notarized document that exceeds in value the fees prescribed pursuant to section 41-316” (ARS 41-328.C).

dfwtexasnotary@gmail.com

19 Oct 2020

Can escrow officers notarize loan documents for accounts they are closing on? For example if a client opens an escrow account with ABC title and all the loan documents are gathered and ready to be signed and notarized, can the same escrow officer working on that escrow account sign and notarize those loan documents? **Escrow officers get paid salary but also receive commission from opening escrow accounts. Would this be a conflict of interest? I am in Texas

National Notary Association

21 Oct 2020

Hello. According to the Texas Secretary of State's website: “Notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction. The facts in each situation will determine whether the notary’s action was proper.”

Sherelle

11 Nov 2020

Hello. A neighbor recently created and notarized a petition of signatures to make HOA amendments that benefit said neighbor to allow livestock in the neighborhood. Is it legal to create and notarize such a document that is in her benefit?

National Notary Association

13 Nov 2020

Hello. We cannot comment on the legality of creating such a document-that is a question that would need to be answered by a qualified attorney. If you can tell us what state the Notary is commissioned in, we can let you know what that state's rules are regarding disqualifying interest for notarizing a document. Also, can you please clarify if the person is notarizing her own signature or the signature of other persons on the document?

Cheryl Kaster

04 Jan 2021

Florida permits requires two witnesses on the Mortgage (or equivalent) and I used to do that but no longer doing that because I figured I don't want MY NAME on the document ANY PLACE but my official signature on the Notarial Certification.

Eddie

05 Jan 2021

What is the difference between a notary and an immigration notary, If there is any?

National Notary Association

06 Jan 2021

Hello. The position of a Notary is not the same as an immigration consultant or immigration forms specialist, and some states limit or prohibit Notaries from advertising or offering immigration-related business services. For more information, please see here: https://www.nationalnotary.org/immigration/knowledge-center/state-immigration-consulting-rules

Joseph.r.tillman@gmail.com

07 Jan 2022

Hello, I have a question. I am in the process of obtaining my notary license. For the state of Ohio, am I permitted to notarize the sellers signature of a motor vehicle title if the buyer is my spouse? Thank you.

National Notary Association

10 Jan 2022

Hello. From the Secretary of State's website: “Ohio law does not expressly prohibit a notary public from notarizing for a spouse or family member, however, Ohio Revised Code section 147.141 states a notary public may not perform a notarial act if the notary has a conflict of interest with regard to the transaction. A conflict of interest means the notary has a direct financial or other interest in the transaction or the notary is named as a party in some capacity to the transaction” (website, “Notary Information, Resources and FAQs”).

S Davis

13 Apr 2022

New Jersey real estate closings attorney notarized mortgage. He received compensation from the bank for handling the closing. Did his actions cause a disqualifying interest? He claimed that his secretary that was also a notary had gone home for the day.

National Notary Association

19 Apr 2022

Hello. In New Jersey, “A notarial officer may not perform a notarial act with respect to a record to which the officer … is a party, or in which [the officer] has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (52:7-10.7.b). "a. A notary public who is a stockholder, director, officer, employee or agent of a financial institution or other corporation may administer an oath to any other stockholder, director, officer, employee or agent of the corporation” (NJSA 41:2-3). “b. A notary public employed by a financial institution may follow directions or policies of the employer which provide that during the hours of the notary public’s employment by the financial institution the notary public shall not administer oaths except in the course of the business of the employer. “As used in this section, ‘financial institution’ means a State or federally chartered bank, savings and loan association or credit union” (NJSA 41:2-3). A Notary who is a stockholder, director, officer, employee or agent of a bank or other corporation may execute a protest for the bank or corporation unless the Notary is individually a party to the instrument at issue (NJSA 7:5-6).

Laci Michell Robinson

30 May 2022

If over the past three years I have received various notice to quit if I did not pay my rent in ten days which I did or came to a verbal understanding with landlord if I was not capable by the ten day period seeing as I get paid minimum wage every two weeks now that I'm battling real charging and Court dates I'm gathering all of my paperwork for the past 3 years of living here and I notice on a specific notice to quit that the notary of the public showed the property managers name within the stamp which made me automatically look at the signature of who was signing the eviction notice as in you can't witness ur ouw document but there was a signature of a name I did not recognize so I began to look thru other notice to quit eviction notices I had recieved and when my property managers name showed up on the signature of the agent of the owner signing the eviction notice I realize the notary of the public was the name of the signature on prior notice matched what was used as signature foran agent of the owner is this legal.. ( agent of the owner and notary of the public seemed to switch back and forth from month to month is this considered conflict of interest)

National Notary Association

31 May 2022

Hello. We're sorry, but any legal questions about your situations would need to be answered by a qualified attorney.

Ramona

07 Nov 2022

I'm in Oklahoma and I bought a van from used carlot. Took 6 months get title. When I did get I noticed wife of lot owner was the notary. He also owns a salvage yard and totally ripped me off. I also believe she signed name of person who sold to carlot. What can I do

National Notary Association

10 Nov 2022

Hello. We suggest contacting the Oklahoma Secretary of State's office at notary@sos.ok.gov to ask if you can file a complaint of Notary misconduct.

Jessica

12 Dec 2022

I am becoming commissioned in Florida. I know Texas allows notaries to notaries documents their employer has an interest in, but does the same apply to Florida? I am currently employed at a lender, and would like to do work on the side as a notary in my own business capacity. I would not be representing my employer in any transaction I notarize, but if I am called by a title company to act as signing agent for a mortgage closing, and my employer is the lender, would I have a conflict of interest in Florida?

National Notary Association

14 Dec 2022

Hello. In Florida, “A notary public may not notarize a signature on a document if the notary public has a financial interest in or is a party to the underlying transaction; however, a notary public who is an employee may notarize a signature for his or her employer, and this employment does not constitute a financial interest in the transaction nor make the notary a party to the transaction under this subsection as long as he or she does not receive a benefit other than his or her salary and the fee for services as a notary public authorized by law” (FS 117.107[12]).

Jessica

14 Dec 2022

I saw that, but I read it as completing a notarization during business hours in my capacity as an employee. I wouldn't be notarizing on company time, or in my capacity as employee. I would be notarizing off the clock as an employee of a separate business. Thank you for providing the statutes though. I think I may need to consult an attorney or the secretary of state on this one. Maybe case law has some examples. Thanks!

Dawn Smith

17 Jan 2023

Definitely accurate.

David Gonsalves

12 Feb 2023

Can I get engaged to the person that notorized the papers that made me power of attorney over someone else's money ..I'm in Texas , the person that's receiving the money is in Pennsylvania.

National Notary Association

13 Feb 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Isabel

10 Jun 2023

If a notary sits in a home owners association board as the President or any other position can he/she notarize any documents pertaining to the HOA.

National Notary Association

12 Jun 2023

Hello. To help us answer your question, can you please tell us what state the Notary is commissioned in?

Leslie

14 Jun 2023

Hi, if I am looking at notarizing acknowledgments for letters of support of my father, that are written on behalf of friends and family? In Arizona is that allowed?

National Notary Association

15 Jun 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Susan Bell

15 Aug 2023

In GA, can an employee of a company (who is also a notary) notarize a document for which the company (employer) has a monetary interest?

National Notary Association

21 Aug 2023

Hello. In Georgia, a Notary who is a stockholder, director, officer or employee of a bank or other corporation may notarize for bank or corporate transactions, except that such a Notary may not notarize his or her own signature (OCGA 45-17-12).

Jim Jones

18 Oct 2023

Can a parent who is a notary public in NYS sign legal documents for a on going Custody battle for her daughter. the notary public has a vested interest in outcome of this case in which her daughter would benefit from. does this disqualify them and the document.

National Notary Association

20 Oct 2023

Hello. In New York, “All notaries public who wish to perform notarial acts in New York State, must: … disqualify themselves from performing notarial acts for transactions in which the notary is a party or directly and pecuniarily interested in the transaction” (19 NYCRR 182.3[a][5]).

John Occhi

25 Dec 2023

As an Arizona Notary, married to an Arizona Realtor, can I notarize loan/closing documents for my wifes real estate transactions?

National Notary Association

11 Jan 2024

Hello. No, you may not. In Arizona, “A notarial officer may not perform a notarial act with respect to a record to which … the officer’s spouse is a party or in which [the spouse] has a direct beneficial interest” (ARS 41-328.B).

María Morales

26 Dec 2023

I enjoyed reading it’s very good information

Patricia Tyler

22 Jan 2024

I am a FL signing agent and my husband is a FL realtor. If I receive a call from a Title Company (that I do regular signings for) to close on a Buyer with a mortgage, only to discover later that my husband is the Seller's Realtor; would that be considered a conflict of interest?

National Notary Association

22 Jan 2024

Hello. Florida has the following rules regarding disqualifying interest: “A notary public may not notarize a signature on a document if the person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public” (FS 117.107[11]). “A notary public may not notarize a signature on a document if the notary public has a financial interest in or is a party to the underlying transaction; however, a notary public who is an employee may notarize a signature for his or her employer, and this employment does not constitute a financial interest in the transaction nor make the notary a party to the transaction under this subsection as long as he or she does not receive a benefit other than his or her salary and the fee for services as a notary public authorized by law” (FS 117.107[12]). If there is any potential conflict of interest that might cause the document to be challenged, the safest course is always to have a different, uninvolved Notary with no connection to the document perform the notarization.

Mark Kolbe

24 Jan 2024

Hello, I work for my cousin in at an Engineering firm in NY. Am I allowed to Notarize her signature? Typically this would be needed on documents such as awarded contracts.

National Notary Association

29 Jan 2024

Hello. New York does not directly prohibit Notaries from notarizing for relatives. “All notaries public who wish to perform notarial acts in New York State, must: … disqualify themselves from performing notarial acts for transactions in which the notary is a party or directly and pecuniarily interested in the transaction” (19 NYCRR 182.3[a][5])." If you have any doubt if you have an inappropriate interest in a document you are asked to notarize, the safest course is always to have a different, uninvolved Notary perform the notarization.

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