This topic contains 4 replies, has 3 voices, and was last updated by  mharmon 6 years, 6 months ago.

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  • #13981

    OldCRola
    Participant

    My husband and I own a small pool construction, renovation, service and repair business in Florida. When we sign up a new customer to build a swimming pool we have to fill out the proper paperwork for permitting in the county or city, whatever is appropriate. I am not sure if I can legally notarize the customer’s signature on the Permit Application, Notice of Commencement, etc. I do not think I should notarize my husband’s signature (he is the contractor) but want to know everyone’s opinion on that too. It would make things a whole lot easier for the customers and ourselves if I could just accompany hubby on the contract signing appointment and notarize right there on the spot. I’m just concerned that I would be considered as having an interest in the transaction (I AM an employee of the company). Thank you for your input!

    #14351

    LindaHFL
    Participant

    Is your name in the document? Are you an officer, director or member of your husband’s company?

    If you gain no direct financial benefit from the transaction, you can notarize the customer’s signature. However, pursuant to Florida law, you cannot notarize your husband’s.

    Now, that being said, if it were me, I woudn’t do it, just to keep things neat, clean and clear – I’d get an outside notary and pay them the $10 (which can be rolled into the price) to notarize the customer’s signature – or let the customer take the paperwork and get it notarized himself and return it to you. Safety in distance, if you will. IMO think that would be the best way to handle it.

    #14352

    OldCRola
    Participant

    Thank you for your reply Linda. You have confirmed what I thought all along. I am the Vice President, Secretary, Treasurer of the corporation so I definitely do have an interest in the transactions. I will continue to send them to an “outside” notary. As I understand you, if we ever hire an employee and set them up to be a notary then they can do the notarizations for us, as long as they are not an officer or have any vested interest in the company. If I am wrong, please correct me. Thanks again! ๐Ÿ˜€

    #14353

    LindaHFL
    Participant

    @oldcrola wrote:

    Thank you for your reply Linda. You have confirmed what I thought all along. I am the Vice President, Secretary, Treasurer of the corporation so I definitely do have an interest in the transactions. I will continue to send them to an “outside” notary. As I understand you, if we ever hire an employee and set them up to be a notary then they can do the notarizations for us, as long as they are not an officer or have any vested interest in the company. If I am wrong, please correct me. Thanks again! ๐Ÿ˜€

    Yes..AND as long as that employee notary isn’t married to your husband – or isn’t his mother, father, brother, sister, son or daughter…. ๐Ÿ™‚

    Also, for your reference, page 42 of our manual discusses Employer Liability ..

    https://www.flgov.com/wp-content/uploads/notary/ref_manual41-68.pdf

    #14354

    mharmon
    Participant

    as long as that employee notary isn’t married to your husband

    That would sure be awkward. ๐Ÿ˜†

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