May I Notarize A Relative’s Signature On Business Documents?

New Hotline Resized 3 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

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 6 a.m. to 6:30 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.

100 Comments

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erika

13 Dec 2014

If a family member asks you to notice a document that will be recorded in a state that prohibits the notary to notarize for a family member but the notarization takes place in a states that allows the notarization will the state recording the document accept the notarized document?

National Notary Association

15 Dec 2014

Hello, Whether the document is acceptable for recording would be determined by the office receiving it. You would need to contact the recording office directly to find out if they will accept the document or if this would cause an issue.

Susan

13 Jan 2015

In the last sentence, I believe you meant to state "partiality" not "impartiality." "To avoid any appearance of impartiality, as a general practice the NNA recommends that Notaries avoid notarizing documents for close relatives, even if permitted by state law."

Thanks for bringing that to our attention. We've corrected the sentence. Sorry for any confusion!

Bob Caldwell

i use my wife as a notary for affidavits in my business. I serve papers for many States. Is that acceptable?

Hello Bob, What state are you commissioned in, please?

Edna

You say that in Arizona a notary cannot notarize for anyone related to the notary by adoption or marriage. What if it is a natural born relative or your spouse?

Hello, Under Arizona's law you may not notarize for your spouse or any relations by marriage, such as a brother-in-law or sister-in-law. Page 25 of Arizona's Notary Reference Manual states that while the law permits notarizing for a blood relative, it is not a recommended practice. http://www.azsos.gov/business_services/notary/Notary_Public_Reference_Manual.pdf

Lee

You must mean "appearance of impropriety"

aris

28 Jan 2015

My brother is the attorney-in-fact for an s.p.a.to be issued by a 3rd party (non-relative). Can i notarize this document for the 3rd party?

Hello, What state are you commissioned, in, please?

I am a california notary. Do foreign consulates have accredited notaries who are authorized to notarize documents by their nationals?

Hello Aris, Yes, most consulates include officers who can notarize documents being sent between the U.S. and the consulate's home country.

jmiranda@allstateconstruction.com

07 Jul 2015

Hi, I am a notary in Florida. Can I notarize a document for my sister?

Hello. Yes. While FS 117.107[12] prohibits notarizing signatures for a Notary's own spouse, children or parents, the statute does not prohibit notarizing signatures for a Notary's own siblings.

Angie

17 Aug 2015

Can a North Carolina notary notarize her brother's signature on divorce documentation?

Hello. Yes, you may notarize the signature on the document, provided you are not a signer, beneficiary or party to the divorce agreement, and provided you do not receive any direct benefit or fee from the transaction apart from the statutory Notary fee.

alexis

12 Nov 2015

I am in the process of submitting some papers in high hopes to get some money back from some houses I lost in the 2008 dip. An my mother (she's a notary public in Ca) notarize my files? I need about 20 signatures and she would not be gaining any benefits from this. Please respond!

Jas

21 Nov 2016

From Florida and need to know if I can notarize business papers from the state of PA for a insurance rep (my Brother) requesting it to be done for his businesses or insurance sells in in FL.

Hello. You may notarize documents from another state, but the signer would have to personally appear before you in Florida and the notarization would have to meet all requirements of Florida law.

joewattauto@gmail.com

10 Jan 2017

I am an officer of a corporation as in my husband. The corporation is a Oklahoma corporation doing business in the state of florida. (Foreign corp for business) Can I notorize the presidents signature which is my husbands on a Florida title?

11 Jan 2017

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

Gregg Martucci

17 Jan 2017

I Have a construction business. Can my wife notarize check waivers from other GC's? These are checks issued to my business name and are solely for the company.

Hi Gregg. To help us answer your question, can you please tell us what state you are located in?

Jesselynalbo@gmail.com

03 Feb 2017

Hi im in florida wanted to know if i could notarize documents for my fathers corporation even though i do not work for him so there would be no financial gain for me what so ever.

Hello. No, Florida prohibits its Notaries from notarizing the signatures of the Notary's mother or father (FS 117.107[11]).

katarzyna

11 Feb 2017

Hello, In IL can I notarize documents for my spouse business ? (waiver of lien, letter of intent etc...) I'm not an owner, but we are thinking of adding my name as a secretary with the state of IL maybe next year so I can help him with the business like filling corporate rapport, renewing license plates for the business vehicles etc... Thank you

Marci

18 Feb 2017

I'm a notary from Georgia, Can I notarized a document for my husband?

28 Feb 2017

Hello. GA law prohibits Notaries from notarizing a document signed by the Notary or when the Notary is a party to the document (OCGA 45-17-8[c]). While notarizing for relatives is not prohibited,state officials recommend that you do not notarize for family members.

Eric

22 Feb 2017

I am a NC Notary, I work for my husband who owns 25% of the business and he is the Vice President. I am not an owner in the business or an officer. The company submits monthly billing to our customers that sometimes require a signature from an “Owner or Officer”. If my husband signs the billing, can I notarize his signature?

Laurie Koppes

16 Mar 2017

Can I notarize my brothers in law, and sisters in law signatures on estate paperwork for my deceased father in law? I reside in Mn.

17 Mar 2017

Hello. While not expressly prohibited in Minnesota, the MN Secretary of State's website recommends against notarizing for relatives: "In many instances, a Notary will have no beneficial interest in notarizing for a relative and will not be prevented by law from doing so. However, to avoid later questioning of the Notary’s impartiality, as well as accusations of undue influence, it is always safest for a signer to find a Notary who is not related"

Naomi Roberts

01 Jun 2017

In the state of Oklahoma, is it legal for a child to notarize a General Warranty Deed for a parent when they will be the parents beneficiary to the real estate in question?

02 Jun 2017

Hello. The following is from the Oklahoma Secretary of State's website: “The law does not forbid notaries from notarizing the signatures of relatives. However, if the notarized document was ever the subject of a court suit, a judge might determine the notary was not an impartial witness.”

NAOMI Roberts

Is it legal in the state of Oklahoma for a child to notarize a General Warranty Deed for a parent when the child will be the sole beneficiary for the said real estate in question?

National Notary Associaton

08 Jun 2017

Hello. The OK Secretary of State's website says, “The law does not forbid notaries from notarizing the signatures of relatives. However, if the notarized document was ever the subject of a court suit, a judge might determine the notary was not an impartial witness." Also, the Notary Public Code of Professional Responsibility, Article II-A-1, recommends the following: "The Notary shall decline to notarize in any transaction that would result directly or indirectly in any actual or potential gain or advantage for the Notary, financial or otherwise, apart from the fee for performing a notarial act allowed by statute."

MAry

20 Jun 2017

I am a contractor in NC. My daughter is a notary in NC. She is not a stock holder in my business but of course is name in my will. Can she notarize lien waivers?

21 Jun 2017

Hello. NC Notaries may notarize for family members, but may not notarize if the Notary is a signer of, party to, or beneficiary of the record that is to be notarized, or if the Notary would receive directly from a transaction connected with the notarial act any commission, fee, advantage, right, title, interest, cash, property, or other consideration in excess of the maximum statutory Notary fee. (GS 10B- 20[c][5] and [6]).

Joe c

16 Mar 2018

I'm a notary in Florida, I work for my dad's construction business and his GC license qualifies the company. Can I notorized his signature on forms that require the GC's signature (my dad's signature)

Hello. No, Florida Notaries are not allowed to notarize their parents' signatures (FS 117.107[11]).

PJM

03 Apr 2018

I have a notary in SC, my husband and I own a construction company in SC. Can I notarize his signature on request for payment documents?

Hello. A South Carolina notary may not perform a notarial act if the Notary will receive directly from a transaction connected with the notarial act any commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding the maximum statutory Notary fee. (SCC 26-1-90[C][4]).

april

23 Apr 2018

I live in nc can i notarize my dads paperwork to get his preaching license

Hello. Yes, provided that you are not a named party on the document, signing as a party to the document and do not directly receive a benefit from the transaction other than your statutory Notary fee. However, the Secretary of State's office recommends that Notaries not perform notarial acts for relatives.

Joe

10 May 2018

I am a Notary in NJ. I will be visiting my sister who lives in NY. She wants me to notarize a simple will leaving all her ASSETS (TO BE DIVIDED EQUALLY) TO HER TWO ADULT CHILDREN. I WILL NOT BENEFIT OR SHARE IN ANYTHING. CAN I DO IT?

Hello. We're sorry, but because a will is a complex legal document, we cannot advise you whether or not your sister's will requires notarization. Any questions regarding whether a will requires notarization, and whether you may notarize it as a relative would need to be directed to a qualified attorney.

Rangel

16 May 2018

Hello, I reside in NV. My sister-in-law is also my employer. I know we cannot notarize for family in this state. Can I notarize business documents since she is my employer?

17 May 2018

Hello. NRS 240.065[1] states that NV Notaries may not notarize if related to the signer by marriage or blood. The state does not provide exceptions to this rule due to employer-employee status.

Nizhoni Rowley

19 May 2018

Hello, I live in North Carolina. I'd like to know if it's ok to notarize a Letter of Guardianship for my daughter-in-law?

21 May 2018

Hello. North Carolina Notaries are not automatically disqualified from notarizing for relatives, but may not notarize if the Notary is a signer, party or beneficiary of the document being notarized, or if the Notary would receive a benefit from the document beyond the Notary's statutory fee (GS 10B20[c][5] and [6]). The North Carolina Secretary of State's office recommends that Notaries not perform notarizations for relatives.

Amber

24 May 2018

I live in Massachusetts where it is prohibited to notarize for a family member. However, I work for my father's company that needs lien waiver's and other documents signed for payment for the jobs we've done. I will not be compensated in any way other then my normal wage. Am I allowed to notarize for the company, if someone else (I'm not related to) in the company signs the papers? Or is that still notarizing for a family member?

Hello. If a family member is named as a party in the documents you are notarizing, you may not notarize the document. (GL 222 Sec. 16[a][vii]) If it is not certain whether or not you have a disqualifying interest in the document, the best course is to find another unrelated Notary to perform the notarization.

Alicia

14 Jul 2018

Hi I live in Florida , and my dad wants me to be his notary for his construction business (He's a contractor) to notarize business documents. Is this allowed?

16 Jul 2018

Hello. No, Florida Notaries may not notarize the signatures of their own spouses, sons, daughters, mothers or fathers (FS 117.107[11]).

Tonya

01 Aug 2018

In the state of WV, If my husband and I both own the company, can I notarize his signature on documents such as lien waivers?

02 Aug 2018

Hello. No, West Virginia does not allow this. “A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse is a party, or in which either of them has a direct beneficial interest, financial or otherwise. A notarial act performed in violation of this subsection is voidable” (WVC 39-4-4[b]).

Nicole

11 Jan 2019

I’m a notary in Texas. My husband owns a construction business. Can I notarize documents with his signature for his business?

Hello. Yes, provided that you are not a party to the instrument or financially or beneficially interested in the transaction.

Sissy

16 Jan 2019

If I am getting a divorce in Mississippi and my sister works for my attorney can she sign my divorce papers and file them with the courts.

17 Jan 2019

Hello. No, Mississippi Notaries are not permitted to notarize documents for their siblings. (1 MAC Pt. 5, R. 050.5.2)

Harvey Moorer

19 Jan 2019

Hi. I'm a Notary in Michigan. Have real estate dealings with property owner in Florida, who's daughter Notarized his signature on numerous record deeds. What's the penalty in FL for notarizing docs where signor is mother or father?

22 Jan 2019

Hello. A Florida Notary 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 (FS 117.107[11]). If you wish to file a complaint against a Florida Notary, please see this page for instructions: https://www.flgov.com/notary-complaints/

Doris Cox Meshack

23 Apr 2019

My brother is in jail, and has sent a letter asking me to register his vehicle. I have no financial gain in this transaction, may I notarize this letter.

24 Apr 2019

Hello Doris. To answer your question, we need to ask you some questions, please: 1. What state are you commissioned in? 2. Does your name appear on the document? 3. Are you being asked to sign the document? 4. Whose signature(s) are you being asked to sign on the document?

Sarah

29 Apr 2019

I need an Affidavit of income form to be Notarized. Prior year the form had three signatures. Today we have only two signatures, as the third party has died and had income which needs to be reported. an I sign for the deceased person. I live in NYS. Thank you

30 Apr 2019

Hello. You would need to contact a qualified attorney to ask what options are available regarding the deceased individual's signature.

Sarh

I live in NYS and need an Income Affidavit form to be Notarized. Prior years we had three signatures. One of the three person has passed and had income which needs to be reported on the form. The form needs is signature .Puzzled. ?? Thanks

Val Kater

06 Sep 2019

If I am a Notary in the state of FL, can I notarize power of attorney/will for my brother in the state of Arizona?

10 Sep 2019

Hello. Florida prohibits Notaries from notarizing the signatures of their own children, spouses or parents, but does not prohibit notarizing for the Notary's siblings (FS 117.107[11]). However, the notarization would have to take place within Florida. You may not travel to Arizona to notarize. Also, you may not notarize if you have a financial interest or are a party to the transaction (FS 117.107[12]).

Lori C

24 Nov 2019

I'm a Florida notary. Can I notarize my sister signature on legal documents and can I notarize documents for my grandson for school? Thank you

25 Nov 2019

Hello. Florida Notaries are not prohibited from notarizing the signatures of siblings or grandchildren. However, you may not notarize if you have a financial interest in or are a party to the underlying transaction.

Rachel B

01 Apr 2020

hello, I'm in TX and would like to notarize an employment document for my daughter as she's starting a new job. Is this permissible?

Hello. Yes, as long as you are not a party to the document and would not receive any benefit or interest from the document.

Dixie Creech

01 May 2020

I'm from Florida. I work for my son's company. Can I notarize documents for the company?

04 May 2020

Hello. Florida prohibits Notaries from notarizing for their children, so you would not be able to notarize your son's signature on company documents.

Deborah

24 Aug 2020

Can I notarize a POA for my ex son in law that appoints my daughter to make all decisions for him? I am in Georgia.

01 Sep 2020

“Notary News,” published by the Georgia Superior Court Clerks’ Cooperative Authority, stated: “Although the statutes do not forbid notarizing the signature of relatives, it is not a good idea. If the notarized document is ever challenged in court, it might be determined that you were not acting as an impartial witness when the document was notarized.” “Georgia law does not specifically address performing notarial acts for relatives. However, the role of a notary is to be a disinterested witness. Requests to perform notarial acts for any family member may create serious problems and should be avoided” (website www.gsccca.org/notary-and-apostilles, “Frequently-Asked Questions”).

Jill

20 Oct 2020

I'm a notary in SC. My question is can I notarize a document for my spouse for a business document.

21 Oct 2020

Hello. While South Carolina does not have a specific prohibition against notarizing for a spouse, you may not notarize if you are a signer, party or beneficiary to the document (SCC 26-1- 90[C][3]) or would receive a benefit, cash, property or other considerations from the document (SCC 26-1-90[C][4]).

Nancy

16 Nov 2020

In Texas, can I notarize a document for an LLC that my minor son will be a member of? The documents relate to transferring property to an LLC relating to an inheritance from his paternal grandmother via his father, to whom I am not married, and who is deceased.

17 Nov 2020

Hello. The Texas Secretary of State's website (https://www.sos.state.tx.us/statdoc/faqs2300.shtml#np12) states the following: May I notarize my spouse's signature? May I notarize for my spouse's business? May I notarize for my relatives? There is no specific prohibition against notarizing a spouse's or relative's signature or notarizing for a spouse's business. However, 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.

Carmen

21 Jan 2021

Hello I’m a notary in Texas, my husband is the Vice President of a construction business. Can I notarize documents with his signature?

Hello. According to the TX Secretary of State's website, there is no specific prohibition against notarizing for a spouse or a spouse's business. However, the site also says: “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”

cha1339W@insight.rr.co

01 Jun 2021

none

Ann L Kessinger

09 Mar 2022

My daughter is an Rxec Dir of a local non-profit… can I notarize documents relating g to her and her corporate position, such as a change of bank signatories? I hv nothing to do with her mom-profit, her business banking, nothing! I am just the mom! Her local bank refused to accept the change of signatory document I notarized for her, made a scene, and told her it was illegal, I would lose my commission! I’ve been a Notary for several decades, this NEVER came up! Thank you!

11 Mar 2022

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

I am in NY See above question Thank you

17 Mar 2022

Hello. While New York does not have a specific prohibition against notarizing for relatives, the Department of State's Notary Public License Law publications says the following: “[I]f the notary is a party to or directly and pecuniarily interested in the transaction, the person is not capable of acting in that case. For example, a notary who is a grantee or mortgagee in a conveyance or mortgage is disqualified to take the acknowledgment of the grantor or mortgagor; likewise a notary who is a trustee in a deed of trust; and, of course, a notary who is the grantor could not take his own acknowledgment. A notary beneficially interested in the conveyance by way of being secured thereby is not competent to take the acknowledgment of the instrument. In New York the courts have held an acknowledgment taken by a person financially or beneficially interested in and a party to a conveyance or instrument of which it is a part to be a nullity; and that the acknowledgment of an assignment of a mortgage before one of the assignees is a nullity; and that an acknowledgment by one of the incorporators of the other incorporators who signed a certificate was of no legal effect” (NPLL).

Shana Monllor

28 Sep 2022

Can I notarize a Vital Records Authorization form to obtain a copy of a birth certificate by mail for my step daughter in California? I am not named in the document and cannot benefit from it? We have the same last name.

04 Oct 2022

Hello. The state Notary Public Handbook says, “A notary public may notarize for relatives …, unless doing so would provide a direct financial or beneficial interest to the notary public. Given California’s community property law, care should be exercised if notarizing for a spouse or a domestic partner”

Brandon

17 Oct 2022

I work for my uncle (my boss) in North Carolina and we sell construction equipment. I do make salary, but do not make commission on sales deals. Could I notarize his signature in relation to sales documents? Wasn't sure if a constant salary would be considered a financial benefit for individual sales deals where paperwork would need to be notarized.

18 Oct 2022

Hello. North Carolina does not specifically disqualify Notaries from notarizing for relatives. “A notary shall not perform a notarial act if any of the following apply: … The notary is a signer of, party to, or beneficiary of the record, that is to be notarized." However, "A notary who is an employee of a party shall not be disqualified under this subdivision solely because of the notary’s employment by a party to the record or solely because the notary owns stock in a party to the record" However, you may not notarize if you would "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 G.S. 10B-31, other than fees or other consideration paid for services rendered by a licensed attorney, a licensed real estate broker or salesperson, a motor vehicle dealer, or a banker” (GS 10B-20[c][5] and [6])

Andrea D

04 Jan 2023

Hi, I am a notary in Texas and I often translate documents, can my husband, who is also a notary in the same state, notarize my translation certification?

10 Jan 2023

Hello. While there is not a specific prohibition in Texas against notarizing for a spouse, the TX Secretary of State's website says, “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”. In situations where it's not clear if you have an interest, the safest course is to decline and have a different, uninvolved Notary perform the notarization.

Toria

09 Feb 2023

I’m in Michigan and my sister-in-law has a business. Can I notarize documents for her? These docs are for the company’s name and are solely for the company.

13 Feb 2023

Hello. In Michigan, “A notary public shall not perform a notarial act for a spouse, lineal ancestor, lineal descendent, or sibling including in-laws, steps, or half-relatives” (MCL 55.291[8]). A “lineal ancestor” is an individual in the direct line of ascent, including but not limited to a parent or grandparent; a “lineal descendant” is an individual who is in the direct line of descent, including but not limited to a child or grandchild (MCL 55.265).

GW

16 May 2023

In CA, may a spouse notarize a Notice of Delinquent Assessment Lien for another spouse (signing spouse is the trustee sale officer)? The trustee sale officer is getting paid related to the transaction and the notary/spouse is in a community property state.

17 May 2023

Hello. “A notary public may notarize for relatives …, unless doing so would provide a direct financial or beneficial interest to the notary public. Given California’s community property law, care should be exercised if notarizing for a spouse or a domestic partner” (California Notary Public Handbook) “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).

Jessie

26 May 2023

Hello, I am in Colorado. I was wondering if I could become a notary and notarize at my brothers business that I am also an employee at?

30 May 2023

Hello. In Colorado, “A notarial officer shall not perform a notarial act with respect to a record in which the officer has a disqualifying interest. For the purposes of this section, a notarial officer has a disqualifying interest in a record if: “(a) The officer or the officer’s spouse, partner in a civil union, ancestor, descendent, or sibling is a party to or is named in the record that is to be notarized; or “(b) The officer or the officer’s spouse or partner in a civil union may receive directly, and as a proximate result of the notarization, any advantage, right, title, interest, cash, or property exceeding in value the sum of any fee properly received in accordance with this part 5. “(3) A notarial act performed in violation of this section is voidable” (CRS 24-21-504[2] and [3]).

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