§304. Authority to perform notarial act.

(a) Permitted.--A notarial officer may perform a notarial act authorized by this chapter or by statutory provision other than this chapter.

(b) Prohibited.--

(1) A notarial officer may not perform a notarial act with respect to a record in which the notarial officer or the notarial officer's spouse has a direct or pecuniary interest.

(2) For the purpose of this subsection, none of the following shall constitute a direct or pecuniary interest:

(i) being a shareholder in a publicly traded company that is a party to the notarized transaction;

(ii) being an officer, director or employee of a company that is a party to the notarized transaction, unless the director, officer or employee personally benefits from the transaction other than as provided under subparagraph (iii); or

(iii) receiving a fee that is not contingent upon the completion of the notarized transaction.

(3) A notarial act performed in violation of this subsection is voidable.

Notation

Cross References.  Section 304 is referred to in sections 315, 326 of this title.