Posted by JKCA on 1/11/07 7:30pm
Msg #170434
stamp both copies?
O.k. I just got my commission. I am not signing until I learn a little more, but am knida getting my feet wet with family things. I notarized a request for child's birth cert. for my sister in law. It is a from that makes 2 copies..do I put my stamp on both copies? also, I need a copy of my son's birth cert. can I notarize my husband's signature for that? or would that be conflict of interest? thanks for any knowledge.
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Reply by PAW on 1/11/07 7:54pm
Msg #170441
You can only notarize original signatures. Never a copy of a signature. So you can't stamp the 'carbon' copy.
As for notarizing your husband's signature, according the CA notary 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.
As this is a request of your son's birth certificate, you don't appear (to me) to have any direct financial or beneficial interest in the transaction, so it would probably be acceptable. But why chance it. Just have another notary notarize his or your signature and be done with it.
Disclaimer - I am not an attorney licensed to practice in California and therefore what I say above is personal opinion only. Not to be taken as legal advice or legal opinion.
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