Posted by BrendaTx on 3/2/10 6:32am
Msg #324846

Family members

Lately I have seen many notaries remark that family members cannot be notarized for as if the RULES/LAWS of states say this.

I do not believe that it is ALWAYS wrong for family members to notarize for other family members.

The Texas notary rules say:
http://www.sos.state.tx.us/statdoc/edinfo.shtml
"1. MAY I NOTARIZE MY SPOUSE'S SIGNATURE?
2. MAY I NOTARIZE FOR MY SPOUSE'S BUSINESS?
3. MAY I NOTARIZE FOR MY RELATIVES?

The basic rules are: the act of taking and certifying acknowledgments cannot be performed by a notary public financially or beneficially interested in the transaction; and one who is a party to an instrument, cannot act as a notary public. There is no specific prohibition against a notary public notarizing another spouse's signature or a notary public notarizing for a spouse's business. The facts in each situation will determine whether such action is proper."

While it may be a personal policy a notary adopts, I don't see how certain situations apply to being "financially or beneficially interested in the transaction".

For instance, if my sister is signing a document conveying property to another person that has nothing to do with me, I don't see how me, a notary with no interest in the transaction, could be complicit in a problem if I do not stand to gain from the transaction. (This has never happened, but I'm just trying to think of an example.) My sister might be less important to me personally than my best friend or next door neighbors...but there's not a problem with that. It's almost like notaries are starting to say, "if I know this person well and care about them, I can't notarize for them."

Like I said, I DO see that notaries may make it a personal policy, but recently I've read where notaries say things like, "You can't notarize for family members."

Does any state REALLY say you cannot notarize for a family member where the notary is not a party to the transaction? Thoughts?

Reply by MistarellaFL on 3/2/10 7:13am
Msg #324848

FL is clear about this and is specific to which fam. members

Prohibited Acts for Notaries
From Chapter 117, Florida Statutes
A notary public 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 public. §117.107(11).

Reference Manual Pages 11-22

http://www.flgov.com/notary_ref_manual

Reply by CF on 3/2/10 8:18am
Msg #324858

MI is specific too: copied from the SOS website

May I notarize for a family member?

Answer:
No. You cannot notarize a document for an immediate family member.


http://www.michigan.gov/sos/0,1607,7-127-13762-88735--F,00.html

Reply by Vince/KS on 3/2/10 7:19am
Msg #324849

Kansas is a bit more specific and potentially helpful as the Notary Handbook States:

“Financial or Beneficial Interest
A notary public may not perform any notarial act if the notary has a direct financial or beneficial interest in the transaction. A notary public has a direct financial interest if the notary is named individually as a principal to the financial transaction. If the transaction involves real property, the notary public has direct financial or beneficial interest if named individually as a party to the transaction (i.e., grantor, grantee, mortgagor, mortgagee, etc.). A notary public does not have any financial or beneficial interest in a transaction when the notary public acts in the capacity of an agent, employee, insurer, attorney, escrow agent, or lender for a person having a direct financial or beneficial interest (K.S.A. 53-109).”


And in the questions and answers section:
“Q. May I notarize my own signature and the signatures of my spouse, children, parents or other relatives?
A. A notary public may not notarize his or her own signature , but may notarize the signatures of his or her spouse, children, parents or other relatives. However, the power is limited by the provisions of K.S.A. 53-109 (see Financial or Benefecial Interest on Page 13)"


And in the test your knowledge section:
“2. Your wife, the sole owner of a used car lot, has asked you to “notarize” her signature transferring title of an automobile. You are not named individually as a party to the transaction. You may “notarize” the document.
True or False
Answer: True “

Reply by Michelle/AL on 3/2/10 7:37am
Msg #324850

Alabama

Brenda, your thoughts are in line with Alabama's Code. In 1995 the Attorney General in Alabama determined that the law does not "prohibit a notary publoic from notarizing a relative's or spouse's signature".

The document however states that "the better practice would be for a notary public to refrain from notarization of the signature of his or her spouse or immediate family member so that impartiality of the notary public would not be a issue should the authentication of the document be questioned".

Finally, the Attorney's Conclusion states, "The best practice is that a notary public should not notarize the signature of his or her spouse or immediate family member".

I choose to adhere to the best practices outlined in this ruling.

Reply by LKT/CA on 3/2/10 12:07pm
Msg #324884

Agree with Michelle

<<<The document however states that "the better practice would be for a notary public to refrain from notarization of the signature of his or her spouse or immediate family member so that impartiality of the notary public would not be a issue should the authentication of the document be questioned".>>>

What's legal may not necessarily be appropriate. I adhere to the "best practice" too.

Reply by Notarysigner on 3/2/10 7:43am
Msg #324852

California Re: Family members

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 public 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, the notary public should seek the advice of an
attorney.

Reply by BrendaTx on 3/2/10 8:25am
Msg #324859

Perfect! Thank you! n/m

Reply by Marian_in_CA on 3/2/10 12:08pm
Msg #324885

Yup, CA has spelled it out nicely for us...

I have NO problem notarizaing for friends or family members for items that I have (or never will have) an interest in. You just have to be careful and use your head.

For example, this summer, my aunt needed some parental permission forms notarized for her daughter, who was taking a summer job at the Air Force Base. There was absolutely no reason why I could NOT notarize those forms.

However, as I recently lamented about here -- my husband (and two witnesses) all needed their signatures notarized on some paperwork for his father's estate. Obviously, since I have an interest in the outcome of that document, I wasn't going to let my seal anywhere near it.

Reply by BrendaTx on 3/2/10 8:49am
Msg #324862

Oops...meant to say thanks to everyone...

this clears up some of what I've seen lately.

For those who have questions about "immediate family" one Tx definition is:
"•any person related within the first degree of affinity (marriage) or consanguinity (blood) to the person involved." Every state has a little bit different spin.

Reply by trnsa_IL on 3/2/10 11:23am
Msg #324879

Re: Family members...Illinois Handbook Q&A

QUESTIONS ABOUT
PERFORMING NOTARIZATIONS
May I notarize my own signature and/or the signatures of my
spouse, children and other relatives?
A notary public may not notarize his or her own signature and may not notarize
any document in which the notary’s name appears as a party to the transaction.
A notary may notarize the signature of his or her spouse, children and other
relatives.

Reply by MikeC/NY on 3/2/10 12:12pm
Msg #324886

NY does not specifically prohibit, but...

... a notary is disqualified from acting in any transaction in which the notary has an interest. For this reason, notarizing for family members is discouraged, especially when it involves documents of significant importance. My personal policy is to not do it and just avoid any potential problems.

Reply by BrendaTx on 3/2/10 6:30pm
Msg #324969

Thanks, all! n/m