Other Prohibited Acts

Beyond conflicts of interest and unauthorized practice of law, California notaries must avoid several other prohibited acts that can result in discipline or criminal charges.

Incomplete Documents

Cannot notarize:

• Documents with blank spaces to be filled in later
• Partially completed forms
• Documents missing essential information

Exception: Blank spaces for dates, notarial information, or information the notary will complete are acceptable.

Exam Tip: If a signer says "I'll fill in the amount later," refuse to notarize.

Date Manipulation

Backdating:

• Writing a date earlier than the actual notarization
• Illegal—constitutes fraud
• Even if the signer requests it

Future-dating:

• Writing a date later than the actual notarization
• Also illegal and fraudulent
• The date must always be the actual date of notarization

Signer Must Be Present

The signer must personally appear before the notary:

• Cannot notarize based on phone calls
• Cannot notarize via video conference (unless specifically authorized)
• Cannot notarize documents brought by someone else claiming the signer already signed

Fee Violations

Cannot charge more than statutory maximum fees:

• $15 per signature for acknowledgments
• $15 per signature for jurats
• $30 for depositions (plus $7/certificate)
• $15 for other acts

Charging excessive fees is a violation.

Other Prohibited Acts

• Lending your seal or journal to others
• Performing notarial acts after commission expires
• Performing notarial acts outside California
• Failing to maintain required records
• Destroying records prematurely

Table: Prohibited Acts Summary