Posted by JayJay/CA on 10/9/06 1:38pm
Msg #151138

Notarizing for Family??

My father needs me to notarize a bill of sale for a boat that he is going to sale. There will be no money involved because he is giving it away. Since I have no direct beneficial or financial interest can I still notarize this for him?

Reply by dickb/wi on 10/9/06 1:46pm
Msg #151139

in wi you can....but why does he want the bill of sale notarized?.......we do them all the time for personal property incl in a real estate transaction but never have them notarized and they have held up in court and in tax challanges.......maybe ca is different.....

Reply by JayJay/CA on 10/9/06 2:12pm
Msg #151147

Good question.....I will have to ask. I was so curious as to if I could notarize for him that I failed to ask any questions. So I'm good to go then....right?

Reply by Gerry_VT on 10/9/06 2:12pm
Msg #151148

If, heaven forbid, your dad were to die, would you inherit the boat? Would you rather have the money? If the boat sinks, will the buyer think he has a better chance of collecting money from you rather than your father? Wouldn't it be easier to have someone notarize it who will not raise any questions, even if it would be legal for you to notarize it?

Reply by MistarellaFL on 10/9/06 2:24pm
Msg #151151

Better yet

What does CA law say about notarizing for family?
I would check your manual first.

Reply by Charm_AL on 10/9/06 2:35pm
Msg #151156

this makes no sense to me. You said he was going to sell, then you said he was giving it away. I would not notarize a bill of sale if nothing is being sold and I knew it. Don't even know that one can be notarized.

Reply by Julie/MI on 10/9/06 3:02pm
Msg #151157

I thought the mighty CA notary handbook had all the answers

NM

Reply by Charles_Ca on 10/9/06 3:29pm
Msg #151162

It does Julie, but it requires one to read it! n/m

Reply by janCA on 10/9/06 3:31pm
Msg #151163

Page 10 of the handbook (Conflict of Interest)

If there is notary wording I don't see the problem in notarizing this document. Just use your common sense when it comes to notarizing for a family member.

Reply by Merry_CA on 10/9/06 3:39pm
Msg #151166

Re: Page 10 of the handbook (Conflict of Interest)

*A notary public is not prohibited from notarizing for relatives or others, unless doing so
would provide a direct financial or beneficial interest to the notary public. With California’s
community property law, care should be exercised if notarizing for a spouse or a domestic
partner.
A notary public would have a direct financial or beneficial interest to a transaction in the
following situations: (Government Code section 8224)
• If a notary public is named, individually, as a principal to a financial transaction.
• If a notary public is named, individually, as any of the following to a real property
transaction: beneficiary, grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor,
vendee, lessor, or lessee.
A notary public does not have a direct financial or beneficial interest in a transaction if a
notary is acting in the capacity of an agent, employee, insurer, attorney, escrow, or lender for a person having a direct financial or beneficial interest in the transaction.
If in doubt as to whether or not to notarize, it is recommended that you seek the advice of an
attorney.*

Reply by janCA on 10/9/06 3:42pm
Msg #151169

There you have it JayJay, silver platter and all. n/m

Reply by CaliNotary on 10/9/06 5:39pm
Msg #151204

Since Jay Jay used the phrase

"direct financial and beneficial interest", which is exactly the way it's worded in the handbook, I'm guessing that he DID read the handbook and found the section.

What I don't understand is why, if he looked it up, did he ask the question. Whether it's a good idea or not is certainly a matter of opinion, but whether he's allowed to do it or not is crystal clear.

Reply by Rebecca/CA on 10/11/06 10:19pm
Msg #151881

Re: I thought the mighty CA notary handbook had all the answ

And that is why we get paid the big bucks.....yeah right. The book may have all the answers but the notaries don't....in ANY state.

Reply by Ernest__CT on 10/9/06 4:34pm
Msg #151181

Not a good idea. Ever. n/m

Reply by JayJay/CA on 10/9/06 6:15pm
Msg #151215

Thank you all for your help! n/m