Aunt Myrtle loves to save a buck or two, so when it comes to getting documents notarized, she visits her favorite notary niece who obliges for free. Yet, there are times when notary niece has to say no to notarizing for her aunt.

During one visit, Aunt Myrtle wanted notary niece to notarize an affidavit from a bank. It seems that Aunt Myrtle signed up for a bank credit card which never arrived in her mailbox. Yet, someone is using the card to purchase items in Chicago and Aunt Myrtle is receiving the bills at her home in Allentown. Aunt Myrtle needed the notarized affidavit to send to the bank.

Is there a conflict of interest in notarizing this document, according to the Pennsylvania Notary Public Law?

Section 19. Limitation on Powers – (e) 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:

(1) being a shareholder in a publicly traded company that is a party to the notarized transaction;

(2) being an officer, director or employe of a company that is a party to the notarized transaction, unless the director, officer or employe personally benefits from the transaction other than as provided in clause (3) or

(3) receiving a fee that is not contingent upon the completion of the notarized transaction.

Because notary niece has no direct personal or financial interest in this transaction, it is perfectly fine to complete the notarization.

Aunt Myrtle is so happy she had her last will and testament revised so that upon her death, notary niece would receive a tidy sum of money. Aunt Myrtle again approached notary niece and asked if she would complete an acknowledgment on her will.

“Because this involves a situation in which the notary would eventually benefit from the notarization, it is considered having direct interest,” said Brian Dowd, marketing and training manager at PAN. “The notary cannot notarize.”

What if Aunt Myrtle wanted to leave notary niece an expensive family heirloom instead of money?

This would also be considered a direct interest in the transaction, so notary niece should not notarize the will.

Then there’s Lucille, a notary handling loans for a lending institution. Lucille receives a salary and quarterly bonuses based on a quota of financed loans in her department.

“There is no direct interest in an individual notarization,” Dowd added.

Lucille goes to work for another lending institution where she receives a commission of the fees charged for each loan she notarizes.

“In this case, Lucille’s personal and financial interest in the fees would be seen by the Secretary of the Commonwealth who oversees notaries public in Pennsylvania, as having a direct interest,” said Dowd. “She should not notarize the loan documents.”