Key Takeaways
- A notary cannot perform any official action with intent to deceive or defraud
- Using your notary title or seal for endorsements or promotions is prohibited
- Providing legal advice constitutes unauthorized practice of law
- Notarizing documents known to be false is prohibited
- Notarizing incomplete documents is prohibited
Prohibited Acts
Statutory Prohibitions
Under CGS Section 3-94h, a notary public shall NOT:
| Prohibited Act | Description |
|---|---|
| Fraudulent action | Perform any official action with intent to deceive or defraud |
| Promotional use | Use notary title or seal in endorsements or promotional statements |
Intent to Deceive or Defraud
The law prohibits performing "any official action with intent to deceive or defraud." This includes:
| Prohibited Conduct | Example |
|---|---|
| Preparing false affidavits | Helping someone create a sworn lie |
| Backdating documents | Falsifying the date of notarization |
| Notarizing without appearance | Signer not present |
| Ignoring identity issues | Knowing ID is fraudulent |
| Completing blank documents | Notarizing before document is complete |
Legal Principle: Inherent in the prohibition against fraudulent action is the public policy against a notary using their powers to knowingly assist an affiant in lying to a court of law.
Promotional Use Prohibition
A notary may NOT use their title or seal for:
- Product endorsements
- Promotional statements
- Advertising campaigns
- Contest promotions
- Any marketing materials
Unauthorized Practice of Law
Connecticut notaries are prohibited from providing legal advice:
| Prohibited | Allowed |
|---|---|
| Explaining legal documents | Identifying document types |
| Recommending document types | Directing to appropriate resources |
| Advising on legal rights | General notary information |
| Preparing legal documents | Completing notarial certificates |
| Interpreting document meaning | Reading document aloud if requested |
Important: Even if you have legal knowledge, acting as a notary does not authorize you to give legal advice unless you are also a licensed attorney.
Incomplete Documents
Never notarize a document that:
- Has blank spaces to be filled in later
- Is missing required information
- Will be completed after notarization
- Contains obvious errors that need correction
| Document Status | Action |
|---|---|
| Complete and ready | May notarize |
| Has blank spaces | Refuse until complete |
| Errors need correction | Refuse until corrected |
| Pages missing | Refuse until complete |
Can a Connecticut notary use their title and seal to endorse a product?
A client asks you to explain the legal implications of a power of attorney they are signing. What should you do?