Notary Publics & Their Role in Impartiality

A Notary Public serves as an impartial witness to the signing of important documents, ensuring their authenticity and helping to prevent fraud. This impartiality is foundational to the notary's role, maintaining trust in legal and official transactions.

The Importance of Impartiality

Impartiality ensures that all parties involved in a transaction are treated equally, without bias or favoritism. This neutrality is crucial for:​

• Preventing Conflicts of Interest: A notary must not have a personal stake in the documents they notarize. For example, notarizing a document that grants a gift to the notary could compromise their impartiality. Many jurisdictions prohibit notaries from notarizing documents where they have a direct financial or beneficial interest.​

• Ensuring Fairness: By remaining unbiased, notaries help ensure that all signers are entering agreements knowingly and willingly, without undue influence.​

Guidelines for Maintaining Impartiality

To uphold impartiality, notaries should:

• Avoid Discrimination: Notaries must not refuse services based on a signer's race, nationality, religion, politics, lifestyle, gender identity, or other personal attributes. Refusing a notarization solely because of personal disagreement with the signer's beliefs or the document's content is inappropriate.​

• Refrain from Notarizing for Close Family Members: Many states prohibit notarizing documents for immediate family members, such as spouses, parents, or children, to prevent potential biases.​

• Decline Notarizations with Personal Interest: If a notary stands to gain financially or otherwise from a document, they should recuse themselves to maintain objectivity.​

Consequences of Breaching Impartiality

Failing to remain impartial can lead to:​

• Legal Ramifications: Notaries may face penalties, including fines or revocation of their commission, if found acting with bias or self-interest.​

• Compromised Document Validity: Documents notarized without impartiality may be challenged in court, leading to potential invalidation.​

• Erosion of Public Trust: The notary's role is built on trust. Any perceived bias can undermine confidence in notarial acts and the broader legal system.​

Conclusion

The impartiality of notaries is essential to the integrity of legal and official documents. By adhering to ethical standards and avoiding conflicts of interest, notaries play a vital role in maintaining fairness and trust in various transactions.