Practice question
A notary’s common-law partner executes a document. Both parties are informed of the relationship, consent in writing, and obtain an independent appraisal. May the notary perform the traditional notarization?
- No; the express common-law-partner disqualification remains.
- Yes, because informed consent removes all notarial disqualifications.
- Yes, because only a legal spouse is covered.
- Yes, because an appraisal substitutes for an independent notary.
- Yes, if the fee is waived.
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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