Practice question
A notary is not a party to a deed, but the deed grants a valuable right to a corporation in which the notary has an indirect beneficial interest. The transaction will increase that interest’s value. Does absence of the notary’s name from the deed alone resolve disqualification?
- Yes, because only named parties can be disqualified.
- No; Section 3(b) also reaches indirect advantages or interests resulting from the transaction.
- Yes, because corporate personality excludes every indirect interest.
- Yes, if the notary does not sign as a contracting party.
- Yes, if all principals have passports.
Legal references
- A.M. No. 02-8-13-SC, 2004 Rules on Notarial Practice, Rules III, IV and VI, official collation pp. 1707–1716: https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf
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