Utah Notary Practice Test

What implications arise from a notary being a signer on the documents they are notarizing?

1. It enhances their authority

2. It creates a conflict of interest

3. It has no impact on their duties

4. It increases the document's legality

The correct answer is: It creates a conflict of interest

The decision for a notary to be a signer on the documents they are notarizing creates a conflict of interest because it undermines the impartiality that is fundamental to the role of a notary. A notary's primary responsibility is to serve as an unbiased witness to the signing of documents, ensuring that the identity of the signers is verified and that they are signing willingly and without duress. When a notary also acts as a signer, they could potentially benefit from the transaction in some way, which raises questions about their ability to remain neutral. This dual role may lead to circumstances where the notarization could be called into question, as it could be perceived that the notary's integrity and objectivity are compromised. In essence, a notary must always maintain an arm's length relationship in these situations to properly fulfill their duties and uphold the trust placed in their office. Being both a signer and a notary in the same transaction blurs these essential lines of responsibility and trust, which is why this scenario is viewed as problematic.