Key Takeaways

  • Notary CANNOT notarize their own signature
  • Cannot notarize documents where the notary has a financial or beneficial interest
  • Cannot notarize for immediate family members when notary has financial interest
  • Being named in a document as a party creates a conflict
  • Impartiality is fundamental to the notary's role
Last updated: January 2026

Conflicts of Interest

A notary is asked by her husband to notarize the deed to their jointly-owned home. The transaction is a refinance—better interest rate, lower payments. She thinks: "This benefits both of us. What's the harm?" She proceeds with the notarization.

That notarization is invalid. The notary had a direct financial interest in the transaction. She could lose her commission.

Impartiality is the bedrock of the notarial system. When that impartiality is compromised, the entire system fails.

The Fundamental Rule

A notary may NEVER notarize a document if they have a direct financial or beneficial interest in the transaction.

TermMeaning
Financial interestYou stand to gain or lose money
Beneficial interestYou receive some benefit from the outcome
DirectYour interest is in the transaction itself
IndirectInterest through a family member or relationship

Absolute Prohibitions

Cannot Notarize Your Own Signature

SituationProhibited?
Signing and notarizing your own documentYES - always
Notarizing a document you preparedDepends on interest
Being both signer and notaryYES - never allowed

Cannot Notarize When You're a Party

If you are...Can you notarize?
Named as a party in the documentNO
The buyer on a deedNO
The seller on a deedNO
Beneficiary in a willNO
Agent named in a POANO

Family Member Documents: The Tricky Area

SituationConflict?Why
Spouse's deed to jointly-owned propertyYESYou benefit through the marriage
Parent's will naming you as beneficiaryYESDirect financial interest
Adult child's passport applicationNONo financial interest
Sibling's car title (no joint interest)NONo financial interest
Friend's loan documents (you're not a party)NONo financial interest

The Test: Ask Yourself These Questions

QuestionIf YES...
Am I named in this document?DO NOT NOTARIZE
Will I gain financially from this transaction?DO NOT NOTARIZE
Does my spouse/family member benefit AND I benefit too?DO NOT NOTARIZE
Do I have any stake in the outcome?DO NOT NOTARIZE

If you answer YES to any question, STOP and find another notary.

Examples: Conflict Analysis

Clear Conflicts (Cannot Notarize)

ScenarioWhy It's a Conflict
Notary is grantee on a deedNotary gains property ownership
Notary's spouse on joint deedNotary benefits through marriage
Notary named as beneficiary in willNotary inherits upon death
Notary is lender on a promissory noteNotary has financial stake
Notary is party to a contractNotary is bound by the contract

Usually Acceptable (May Notarize)

ScenarioWhy It's Okay
Notarizing for friend (no financial interest)No stake in outcome
Notarizing family member's unrelated documentNo financial interest
Notarizing for employer on routine businessNo personal benefit
Notarizing stranger's real estate documentsNo connection to parties

Why Impartiality Matters

ReasonExplanation
Public trustPeople rely on notary's neutrality
Legal validityConflicted notarizations may be invalidated
Fraud preventionNeutral party prevents manipulation
Professional integrityYour reputation depends on impartiality

On the Exam

Expect 2-3 questions on conflicts of interest. Key points tested:

  • Own signature: NEVER notarize your own signature
  • Named party: Cannot notarize if you're named in the document
  • Financial interest: Any financial stake = conflict
  • Spouse/family: Conflict if you benefit through the relationship
  • Test: Ask "Do I benefit from this transaction?"
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Conflict of Interest Decision Flowchart
Test Your Knowledge

Can a notary notarize a document where they are named as a party?

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Test Your Knowledge

Can a notary notarize their spouse's signature on a deed to jointly-owned property?

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B
C
D
Test Your Knowledge

What is the fundamental reason notaries cannot have conflicts of interest?

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B
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D