Can I notarize my father’s company business documents? – C.P., San Antonio, TX
It depends. Texas law does not prohibit notarizing for a family member. However, the Secretary of State writes that a Notary should not notarize if the Notary is a party to the document or is financially or beneficially interested in the transaction (see the “Frequently Asked Questions” on the Secretary of State’s website). So, if you stand to benefit from the transaction involving your father, you should decline to notarize the document.
Rules regarding notarizing for relatives vary in other states. Arizona Notaries may not notarize for anyone related to the Notary by marriage or adoption. Florida and Massachusetts prohibit Notaries from notarizing the signatures of their spouses, parents or children. Nevada also prohibits notarizing for grandparents, grandchildren, half-siblings, adopted children and adopted siblings. Maine prohibits a Notary from notarizing for the Notary’s spouse, parent, sibling, child, spouse’s parent, spouse’s sibling, spouse’s child or child’s spouse. Michigan, Mississippi and Nebraska prohibit Notaries from notarizing for a spouse, ancestor, descendent, or sibling including in-laws, steps, or half-relatives. North Dakota, Iowa, Oregon and West Virginia prohibit Notaries from notarizing for their spouses.
Many other states discourage Notaries from notarizing for immediate family members. An Alabama Attorney General Opinion states it is a “better practice” for Notaries to refrain from notarizing for immediate family members. Commissioning officials in the following states caution or advise Notaries against notarizing documents for relatives: Alaska, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Minnesota, Missouri, Montana, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Vermont, Washington, Wisconsin and Wyoming.
If asked to notarize for a relative, be sure to check your state laws to confirm it is permitted before proceeding.
To avoid any appearance of bias, as a general practice the NNA recommends that Notaries avoid notarizing documents for close relatives, even if permitted by state law.
Bill Anderson is Vice President of Legislative Affairs with the National Notary Association
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
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