Mar 07, 2024
Notary New York
Notaries must avoid Conflicts of Interest
If you want to become a Notary in New York, be aware that as a notary public, we are regulated by a standard of ethics. As such, we are obligated to conduct ourselves in an honorable way. So, notaries must avoid conflicts of interest. Therefore, when a conflict of interest does arise, we should not notarize the document.
In an effort to assure we don’t enter into a potential dispute, we need to familiarize ourselves with the ethical standards for notaries. Let’s face it. We hold a very special post with our given state. So, we should not forget that we are party to some very personal information.
So, what is a conflict of interest? Well, if you perform an act in which you have interest in, or potential benefit from, you may have a conflict of interest.
- You are a party to the document
- You have potential financial gain from the document
- You have potential material gain from the document. Such as, land, personal property, etc.
- Providing notary service for a family member. This gets tricky. In New York State, notaries are NOT disqualified from notarizing an instrument based on family relationship. Other states do. In any case, if your state allows it, be very careful in this area.
- Accepting any gift related to a notarization you may have done, or about to do.
Yes. Notaries must avoid conflicts of interest. Most often, the simple use of common sense can steer us in the right direction. If we commit to operating in an ethical manner we can usually avoid any chance of being involved in a conflict of interest.
Finally, if even a slight indication of potential conflict exists, the answer is simple. Suggest another notary. Conflict averted! You may want to watch Professor Closen’s on Notary Ethics. As you can see, notaries must avoid conflicts of interest.
Certainly, you are welcome to visit our website and read our other blog articles. For example, Our Notary Discipline article highlights how a notary can get into trouble by not following a “best practices” approach.