What's The Big Deal About A Notary?
I understand notaries are necessary. It seems to me they are a dime a dozen. I personally am a notary. All it takes is sending a few dollars to some agency, and they sent a fancy stamp.
In fact, years ago, when I needed a travelling notary on a Sunday, I spent more for their services that day than it later cost me to become one.
That being said, I do not recall all of the regulations relating to notarization, but a few obvious questions come to mind.
1 Is it ok if I just have a friend of mine become a notary and have them close with me?
2 Is there some level of relationship where it becomes NOT ok? (i.e. brother, SO, partner, etc.)
3 If I work with someone in an informal capacity (maybe I flip them deals, etc. but we are not officers together of any entity) can I notarize their docs and they mine... assuming notary is NOT a part of that particular transaction.
You get the idea... where's the line?
I think you've pretty much got it in your post, at least here in IL:
1. Friends are OK, as long as they're not involved in the deal with you.
2. You can't have a personal relationship and have them notarize for you, i.e., your wife/brother, etc. becoming your notary. Not sure how a member in your LLC notarizing for you would work, but my gut tells me this is no good either. Arm's length seems to be the rule here.
3. Same as #1.
IL notaries can't charge more than a $1 for a notarization, although traveling notaries and signing agents are handled differently regarding payment.
Not legal advice, seek professional counsel, etc. Best thing to do is read up on your state's notary legislation or rules.
Andy
The job of the notary is to certify the person signing the paper work is the correct person. That's it!!!!!
All your other comments are too silly to talk about.
Lori
[addsig]
In Florida a Notary cannot notarize anything for a relative, at least thats what my wife says.(just looked at the states FAQs, doesnt say you cant notarize things for family but it does say you cannot notarize things that you have a financial stake in)
http://notaries.dos.state.fl.us/education/faq/index.html[ Edited by LoneGunman on Date 05/17/2004 ]
Why would you want to use a friend or relative anyway? Just to save money? I think it is worth $15 to get something signed by me and an unknown party by someone I don't know. I have seen people change their minds and say a number of things to try and keep their property or to get their property back.. Having an "in-house notary" can only cause trouble.
Lori
[addsig]
Quote:
On 2004-05-17 18:11, tinman1755 wrote:
Why would you want to use a friend or relative anyway? Just to save money? I think it is worth $15 to get something signed by me and an unknown party by someone I don't know. I have seen people change their minds and say a number of things to try and keep their property or to get their property back.. Having an "in-house notary" can only cause trouble.
Lori
Exactly why I would never ask my wife to notarize something, even if it was 100% legit if it went to court it would'nt look to good.
Quote:
All your other comments are too silly to talk about.
Lori
Lori, I can't say I understand this comment at all. I'm asking because I want to make sure I'm always on the RIGHT side of the law. I've personally spent many hundreds of dollars years back while I was running a company from my car and a cell-phone. If you've never had to get a notary to drive 2 hours outside the city on a Sunday night, I guarantee it's not fun... or cheap.
I've also lost out on a deal in the past because I "hired" a travelling notary who did not show up, and my window passed. Obviously, I don't want to do anything that will come back to bite me, but I know a number of people who are notaries. Among them are: Me, my brother, past business associates, a friend, my SO, etc.
Now, common sense tells me there IS a line, and I'm trying to draw it even further out than the law may stipulate. Notice I am related to only one of the individuals noted above, yet there is some connection to each of the others. In fact, I hired a travelling notary a few years back, and when the transaction was completed, I ended up asking her a few questions about another business she was involved in, and took her out for a beer. If I used her again later, would this constitute a violation of some sort?
I would assume not, but I believe it is also probably NOT a violation if the notary is a friend with whom I share no business transactions... but what if we did do one transaction together years ago.
I believe the question is valid. I'm sorry if you disagree. What I think would be MOST useful is to see if anyone knows of any situations in which the notary arrangement has been called into question... so NEXT time I find myself in BFE ready to close a deal on the spot I don't end-up twiddling my thumbs waiting for a stranger to decide whether or not they want to drive out to meet us. Last time this happened, they didn't show and, after wasting hours waiting, I went home with an agreement to consumate the following day. That turned out to be a $17k mistake.
*edited to say* I certainly understand (and share) your perspective that I don not want to jeopardize the integrity of the deal upon revue, and I use the example of SO, because this is one that could CLEARLY be questioned (though it may be legal). My point is just that there clearly is some kind of line (above and beyond stipulations in the law), and I'm wondering if I have ANY choice but to call a complete stranger and ask them to drive way out to meet me when it may be inconvenient for them and very expensive for me.[ Edited by thestudentisready on Date 05/17/2004 ]
thestudentisready,
Glad to meet you.
Type in Notary Public and start reading it is all there for you to help you understand.
http://www.flsenate.gov/Statutes/index.cfm?Mode=Search%20Statutes&Submenu=2&Tab=statutes
John $Cash$ Locke[ Edited by JohnLocke on Date 05/17/2004 ]