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Why Notaries Cannot Notarize Their Own Documents

by the American Association of Notaries

It seems so simple. You're about to purchase some real property, and a number of the documents require notarization. You're a notary (and you obviously know who you are), so why not notarize your own document? There are two primary reasons why notaries public should never notarize their own document:


1. Notary laws do not allow it.

Notary laws in all states strictly prohibit notaries from notarizing their own documents or notarizing documents when the notary is named as a party to the underlying transaction, has a financial or beneficial interest in the transaction, or is a signatory to a document.

2. A notary public cannot be a disinterested party or an impartial witness when his or her own documents are involved.

Notaries public cannot legally notarize their own documents or take their own acknowledgment because they cannot be an impartial witness or a disinterested party to a transaction. This is because a notary serves as an independent third party to witness the signer sign the document freely and willingly, to verify the identity of the signer, and to administer an oath or take an acknowledgment from the signer. If a notary were to notarize his or her own document, all the required steps to take a signer's acknowledgment would be skipped and it would defeat the purpose of having a notary. More importantly, there would be a direct, real conflict of interest and the entire process could be compromised.

Exceptions

In states where a notary journal is required, notaries can, upon request, self-certify an entry from their notary journal as a true and unaltered copy. In states where certifying copies of nonrecordable documents is allowed, a notary can self-certify a copy of the original document presented by a customer. In both cases, the notary will complete a notarial certificate swearing that the copies are true, unaltered copies of the originals. The notary will then place his or her signature and notary seal on the document and then make an entry in the notary journal.

Always know your state laws and rules. If a notary performs a prohibited act, the notary may suffer the consequences of criminal and/or civil liability, including the revocation or suspension of his or her notary public commission.

Susan Jimenez is a Contributing Writer with the American Association of Notaries

Notary Best Practices

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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