Notary · General

A notary's close friend asks them to notarise documents for a real estate transaction in which the notary will benefit financially (the sale will pay off a joint loan). Should the notary proceed?

Correct answer

No — the notary has a direct financial interest in the transaction (the sale pays off a loan they are party to); this creates a conflict of interest that disqualifies the notary from performing impartial notarial acts for this document; refer to an impartial notary

  1. A Yes — helping friends is the ethical thing to do
  2. B Yes if the friend insists
  3. C No — the notary has a direct financial interest in the transaction (the sale pays off a loan they are party to); this creates a conflict of interest that disqualifies the notary from performing impartial notarial acts for this document; refer to an impartial notary
  4. D Only if the notary discloses the interest verbally

Why this is the answer

FINANCIAL INTEREST DISQUALIFICATION: A notary who has a direct financial interest in the outcome of a transaction cannot serve as an impartial witness for that transaction's documents. EXAMPLES OF DISQUALIFYING INTERESTS: You are a named party in the document; you will receive or pay money that depends on the transaction closing; you have a family or financial relationship with all parties that compromises your neutrality; you will inherit under a will you're notarising; FRIEND/FAMILY MEMBERS: Many states specifically caution against notarising for family members — not necessarily prohibited, but the closer the relationship, the more impaired your impartiality appears; BEST PRACTICE: Any time you have ANY financial interest, even indirect, in a transaction — decline and refer to a disinterested notary; CONSEQUENCES: Documents notarised by an interested notary may be legally challengeable; the notary faces ethical and potentially legal consequences; THE RULE: The notary is the public's witness — public trust requires genuine impartiality.
Source: NNA Notary Training — Ethics, Financial Interest Disqualification

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