Reply by PAW on 2/11/06 2:24pm
Msg #96387
From the MD Notary Manual:
14. May a notary public perform official duties in a situation with which the notary is personally involved?
As a general rule, a notary public should not do any official act with regard to any matter in which the notary is personally involved, whether that involvement is direct or indirect. Notaries are prohibited from notarizing their own signature, and to minimize personal involvement, notaries should refrain from performing official acts for members of their immediate families, even though not ordinarily under a legal duty to refrain. There are only two exceptions to this rule.
The first is a statutory exception, and occurs when a notary public is also a stockholder, director, officer or employee of a bank or other corporation. Such a notary public may do the following official acts regardless of notary's connection with the corporation:
a. Take the acknowledgment of any person (other than the notary) to any written instrument which involves the corporation and to which the notary is not a party.
b. Administer an oath to any other shareholder, director, officer, employee, or agent of the corporation.
c. Protest for nonacceptance or nonpayment certain negotiable instruments owned or held by the corporation, except instruments to which the notary is a party.
The second exception occurs when the notary public has no beneficial interest in the transaction in which the notary acts as a notary public. For instance, John Jones conveys a piece of property to a notary public who is acting as a straw party, and the notary public immediately conveys the property back to John Jones or to someone else. The notary public may take the acknowledgment of John Jones. This is true because, although the notary public is obtaining title, the notary has no beneficial interest in the property. Of course, when the notary public conveys the property back to John Jones, or to someone else, the notary may not take his own acknowledgment. Please note, however, that while this second exception is permissible practice, it is not recommended and should be avoided.
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