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Although there is no specific statute/law addressing this matter, it is best to never act in a notary capacity if you are involved in the transaction taking place. In other words, if your name is included in the document or when a family member (including your spouse) or close affiliate is named, you should refuse to notarize (this is especially true if you stand to gain any pecuniary interest from the transaction). Note that the failure to do so can result in the notarization being challenged and/or cancelled at a later date, and in most states, if a court of law determines that the notary was an interested party, the executed document could be rendered worthless and the notary may also be charged with wrongdoing.

The National Notary Association publishes "The Notary Public Code for Professional Responsibility," (similar to how there's the Model Rules of Professional Conduct for attorneys) which is and should generally be followed in carrying out your responsibilities and duties as a notary.

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9y ago
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7y ago

Merely being a notary does NOT allow a person to solemnize marriages in New Jersey.

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Q: Can a New Jersey notary perform a wedding?
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