31.0321 Disqualifications.

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(a) A notary is disqualified from performing a notarial act if the notary:

(1) is a party to or named in the document that is to be notarized;

(2) will receive as a direct or indirect result any commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the fees specified in section 31.0330(a);

(3) is a spouse, domestic partner, ancestor, descendant, or sibling of the principal, including in-law, step, or half relatives; or

(4) is an attorney who has prepared, explained, or recommended to the principal the document that is to be notarized.

(b) Notwithstanding subsection (a)(2), a notary may collect a fee for an assignment as a signing agent if payment of that fee is not contingent upon the signing of any document.

History: 2008, PL 30-18.