If I’m drafting leases can I also notarize those leases? (CA)
The CRE company I work for wants me to get my notary, presumably to notarize documents that I, myself have drafted. Started studying for the exam and within the first few pages of the handbook it seems like I canNOT notarize legal documents that I am drafting, OR that I could have any potential financial gain from. Can anyone help me out here, am I missing something..?
[{"id": "gluawuk", "text": "I am a notary but not in California. I am not permitted to notarize anything that I am a party to.", "replies": [], "depth": 1}, {"id": "glud3g8", "text": "I can't speak to CA notary rules but in the states I have had a notary commissions it actually varies. In general though it is allowed as long as you are not signing the lease and you don't get any direct benefit like a commission on the rent. \n\nIn FL it would be allowed as long as you are not directly benefitting (eg you are not the landlord or the signer of the leases). \n\nIn NC it would not be allowed but not because of notary rules but because only lawyers can draft leases in NC.", "replies": [{"id": "glv67l6", "text": "I represent the Landlord, but don\u2019t lease this specific property. There are cases where I would be drafting an amendment and my colleague could be getting the commission, but it\u2019s concerning to me.", "replies": [{"id": "glvbqcx", "text": "That would be okay most places, you're not a party to the contract and you don't get a direct benefit. Most notaries are employed by someone who benefits from a contract but it's just part of their job. For example a notary who is employed by a closing agent has a job so they benefit from closings but it's not in a direct manner so it's fine.", "replies": [{"id": "glwofto", "text": "Thank you!", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "glurx7t", "text": "Maybe? Every state has different rules on what you can or can't notarize. But CA has the notary public handbook available as a PDF (couldn't link, but a Google search will get it).", "replies": [], "depth": 1}, {"id": "gluskzu", "text": "Listen to the handbook.", "replies": [], "depth": 1}, {"id": "gluz5jq", "text": "Whenever the rules say. But my company has someone who is also a notary on staff. It's super convenient", "replies": [], "depth": 1}, {"id": "glvgmbp", "text": "Yes! I\u2019m in CRE in California, on the financing side, and have seen literally hundreds of legal documents notarized by someone working for one of the related parties. It\u2019s approved every time by attorneys. You are good.", "replies": [{"id": "glwmzmi", "text": "Thank you! I may go ahead and get an attorney approval before proceeding but reading the handbook was raising red flags for me in the first few pages.", "replies": [], "depth": 2}], "depth": 1}]