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LIMITATION OF NOTARIAL POWERS

To notarize a document you must be an impartial witness with no direct or pecuniary interest in the transaction. No notary public may act as such in any transaction in which he is a party directly or pecuniarily interested. For the purpose of this section, none of the following shall constitute a “direct or pecuniary interest”:

  • Being a shareholder in a publicly traded company that is a party to the notarized transaction; (Section 19(1) of the NPL)
  • Being an officer, director or employee of a company that is a party to the notarization, unless the director, officer or employee personally benefits from the transaction other than by receiving a fee that is not contingent upon the completion of the notarized transaction. (Sections 19(2)and 19(3) of the NPL)
  • A notary may not notarize their own signature and may not notarize a document in which the notary is named or to which a notary acted as a witness. A notary should not notarize a document for a relative that might bring in to question the relationship of the notary to the transaction. Keep in mind that, as a notary, you should be a disinterested third party, who, if called upon to testify about the transaction, would be completely detached from all parties and appear unbiased in your testimony.
  • A Pennsylvania Notary cannot take an application for a marriage license, issue a marriage license, or perform a civil marriage ceremony

 

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