Key Takeaways
- Never notarize if the signer is not personally present (except approved RON)
- Never notarize if you cannot verify the signer's identity
- Never notarize an incomplete document (blank spaces for essential terms)
- Never give legal advice or prepare legal documents unless licensed to do so
- Never use false or misleading advertising about notary services
Prohibited Acts
Understanding what you cannot do as a notary is as important as knowing what you can do. Violating these prohibitions can result in commission revocation and civil or criminal liability.
Personal Appearance Violations
| Prohibited Act | Consequence |
|---|---|
| Notarizing without signer present | Misconduct, void notarization |
| Accepting sworn statements over phone | Invalid, misconduct |
| Pre-signing certificates | Fraud |
| Post-dating or pre-dating notarizations | Fraud |
Remember: The signer must always personally appear before you at the time of the notarization (unless performing approved remote online notarization).
Identity Verification Violations
| Prohibited Act | Consequence |
|---|---|
| Notarizing without verifying identity | Misconduct |
| Accepting obviously fake ID | Misconduct, potential fraud |
| Relying on third-party identification | Invalid (unless credible witness) |
| Notarizing despite doubts about identity | Misconduct |
Document Violations
Incomplete Documents
Never notarize a document with:
- Blank spaces for essential information (names, amounts, dates)
- Missing pages
- Significant illegible portions
| Blank Space Type | Can You Notarize? |
|---|---|
| Essential terms blank (names, amounts) | No |
| Minor administrative blanks | Use judgment |
| Intentionally blank spaces (marked N/A) | May be okay |
Altered Documents
Do not notarize if:
- Document shows signs of unauthorized alteration
- Pages appear to have been added or removed
- Signatures appear forged
Unauthorized Practice of Law
Notaries may NOT:
| Prohibited | Why |
|---|---|
| Give legal advice | Unauthorized practice of law |
| Explain document contents | Beyond notary authority |
| Prepare legal documents | Unless licensed attorney |
| Recommend which documents to use | Legal advice |
| Tell signers what documents mean | Legal advice |
What You CAN Say
| Acceptable | Explanation |
|---|---|
| "This is an acknowledgment" | Describing your notarial act |
| "You're confirming you signed voluntarily" | Explaining the notarial process |
| "You may want to consult an attorney" | Appropriate referral |
Advertising and Representation
Prohibited Advertising
| Prohibited | Why |
|---|---|
| Claiming to be a "Notario" | Misleading (implies attorney in some cultures) |
| Implying legal authority | Exceeds notary powers |
| False or misleading statements | Fraud/deception |
| Claiming immigration expertise | Unauthorized practice |
For Non-Attorney Notaries
If you are NOT an attorney and advertise services in a language other than English, you MUST include this statement in the same language:
"I am not an attorney and therefore may not give legal advice about immigration or any other matter."
False Statements and Fraud
| Prohibited Act | Consequence |
|---|---|
| False statements on certificate | Criminal liability, revocation |
| Certifying false document | Criminal liability |
| Backdating or future-dating | Fraud |
| Withholding required information | Misconduct |
Improper Use of Commission
| Prohibited | Consequence |
|---|---|
| Acting outside jurisdiction | Void notarization |
| Notarizing after commission expires | Void, potential criminal liability |
| Allowing others to use your seal | Misconduct, potential fraud |
| Lending your commission to others | Misconduct |
On the Exam
Key points:
- Always require personal appearance (or approved RON)
- Never notarize incomplete documents
- Never give legal advice
- Never use misleading advertising
- Never notarize after commission expires
A signer asks you to explain what a power of attorney document means. What should you do?
A document is presented for notarization with blank spaces where the dollar amount and date should appear. What should you do?
Your notary commission expired yesterday. A longtime client asks you to notarize a document today. What should you do?