If a notary has a financial interest in the transaction, what should they do?

• A. Decline to notarize.
• B. Proceed with notarization but disclose the interest on file.
• C. Have a close associate notarize instead.
• D. Notarize with a disclaimer.

Answer: (A)

The key idea is impartiality: a notary may not perform a notarial act if they have a direct financial interest in the transaction. In Maryland practice, that conflict of interest means the notary should decline to notarize rather than proceed. Merely disclosing the interest on file does not fix the problem, because the notary’s ability to act impartially is compromised. Having a close associate notarize instead or adding a disclaimer wouldn’t resolve the ethical and legal issue, since the underlying conflict remains. The proper action is to decline the notarization and, if possible, point the signer to another neutral notary to handle the act.