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Notaries, Avoid Conflicts of Interest!

by the American Association of Notaries

Never act in a notary capacity if you have any involvement whatsoever in the transaction taking place. If you are named in the document, or if a family member or close affiliate is named, refuse to notarize. You must be a completely unbiased witness to the execution, and you are not unbiased, if for example, your spouse, your sister, or your boyfriend stands to gain financially or emotionally from the transaction taking place.


Many states exact a high penalty for notarizing a document when the notary has a financial or personal interest. In other words, if the notary stands to gain in any way, the notary must refuse to notarize. Failure to do so may result in the notarization being challenged at a later date, and often if the notary is determined by a court of law to be an interested party, the executed document may be determined worthless and the notary could be charged with wrongdoing.

Suggest the signer find a notary with no connections to the transaction, in order to avoid conflicts later than may negate the action executed. You're not really helping a friend or family member if you cause a rejection of the document, and thereby the transaction being executed, for a claim of conflict of interest.

Notary Best Practices Steps to a Proper Notarization Conflict of Interest

Legal Disclaimer: The American Association of Notaries seeks to provide timely articles for notaries to assist them with information for managing their notary businesses, enhancing their notary education, and securing their notary stamp and notary supplies. Every effort is made to provide accurate and complete information in the American Association of Notaries newsletters. However, we make no warrant, expressed or implied, and we do not represent, undertake, or guarantee that the information in the newsletter is correct, accurate, complete, or non-misleading. Information in this article is not intended as legal advice. We are not attorneys. We do not pretend to be attorneys. Though we will sometimes provide information regarding notaries' best practices, federal laws and statutes, and the laws and statutes of each state, we have gathered this information from a variety of sources and do not warrant its accuracy. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, loss, damage, or expenses, howsoever arising, including, and without limitation, direct or indirect loss or consequential loss out of or in connection with the use of the information contained in the American Association of Notaries newsletters. It is your responsibility to know the appropriate notary laws governing your state. Notaries are advised to seek the advice of their states' notary authorities or attorneys in their state if they have legal questions. If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.

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