Best Answer

In most cases notarization must be done by a third party not directly involved in the transaction being notarized. In most jurisdictions a notary can notarize something for a family member as long as they are not the beneficiary of the transaction. This is for the protection of all parties involved and should be common sense in anyone's book.

User Avatar

Wiki User

11y ago
This answer is:
User Avatar
More answers
User Avatar

Wiki User

11y ago

This question needs to be divided into several parts.

First, can licensed California attorney, who is not a California licensed notary, notarize a document? The answer is no. Only persons with an active Notary Public license issued by the California Secretary of State may notarize a document.

Second question, if a person is licensed by California as both an attorney and a notary public, may the attorney notarize documents prepared by someone else. The answer is yes. Here, even though the person has two licenses, attorney and notary public, they are acting solely in the capacity of a notary public, and are allowed to notarize the documents.

Third question, if a person is licensed by California as both an attorney and a notary public, may the attorney notarize documents that the attorney prepared. The answer appears to be yes, but is less clear. A notary may not notarize a document in which the notary has a financial interest. Although the attorney/notary is being paid for time preparing the document, this is not an interest in the underlying transaction, it is only compensation for time to prepare the document. In California there is no direct authority.

There is persuasive authority from Massachusetts that notaries, who are also attorneys, are allowed to notarize the documents they prepared. Massachusetts Executive Order 455 (04-04) issued in May 2004 provides that an attorney may notarize documents in the following cases:

Executive Order 455 (04-04)

Section 6 (a) (5) " . . . a notary public who is licensed as an attorney in the Commonwealth of Massachusetts and is named as an executor, trustee or in any fiduciary capacity in a document or employees of such attorney may perform notarial acts concerning such document"

Section 6 (a) (6) " . . . For example, this section shall not preclude a notary public who is licensed as an attorney in the Commonwealth of Massachusetts or any employee of such attorney from notarial acts concerning any document where the attorney receives a legal fee for professional legal services rendered in connection with such document."

This Massachusetts Executive Order is not the law of California for notaries or attorneys, however it is persuasive in the event that no direct law is found in California.

There is no California case law, rule or statute that prohibits a California attorney/notary from notarizing documents prepared by the attorney/notary.

This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Can an attorney notarize a document in California?
Write your answer...
Still have questions?
magnify glass
Related questions

Can someone notarize a document they are signing?

No. A notary shouldn't notarize any instrument they may derive a benefit from. Further, they should not acknowledge their own signature. That document would be extremely vulnerable to challenges.

Can an attorney notarize a power of attorney document as a notary if said attorney is to be the attorney in fact pursuant to that document?

No. Any legal document should not be witnessed or notarized by an individual who will benefit from the document. An attorney-in-fact benefits from a POA because it gives the attorney-in-fact complete authority over the property of the principal.

Can a notary public in California notarize a document that he has assisted in drafting?


Can a Virginia notary be used on a California legal probate document?

I have a California Probate document that I need to notarize. Can I have it notarized in the state of Virginia instead of California and still be legally binding?

Who can notarize power of attorney?

Someone who has no legal capacity, e.g. a person who is mentally incapable, a minor, etc.

Can a notary public notarize a document for a family member in Alabama?

A notary public does not notarize a document. He/she can notarize a signature.

Can a Notary in California notarize Utah documents?

No. A California Notary cannot notarize a Hawaiin document document while THEY, themselves, are in Hawaii. Their commission is only good within the state that issued it. A Hawaiian Notary would have to notarize a document meant to be used in Hawaii.

If an attorney is the attorney-in-fact in the power of attorney can he notarize it?

No. Absolutely no.

Can attorney notarize spouse in a civil lawsuit when he is the attorney for his spouse?

A third party should notarize any documents.

Can a lawyer notarized their own documents?

Notaries cannot notarize documents in which they have a stake. If the notary is one of the parties listed on a legal document or incurs a gain as a result of execution of the document, the notary cannot notarize it.

Can a cpa notarize a document in the US?

A document does not get notarized. A signature does. If the CPA is also a notary, he or she can notarize a signature.

Who can notarize a document?

People Can