Key Takeaways
- Notarizing your own signature is strictly prohibited
- Notarizing without the signer present is a crime
- Charging more than the maximum fee is misconduct
- Practicing law (providing legal advice) is prohibited
- Having a financial interest in the transaction disqualifies the notary
Prohibited Acts
Understanding what you cannot do as a notary is just as important as knowing what you can do. Violating these prohibitions can result in removal from office, civil liability, and criminal prosecution.
Major Prohibited Acts
1. Notarizing Your Own Signature
Absolutely prohibited. You cannot notarize any document where you are the signer.
| Scenario | Allowed? |
|---|---|
| Notarizing your own deed | NO |
| Notarizing your own power of attorney | NO |
| Notarizing your spouse's signature | Generally NO (beneficial interest) |
| Notarizing for your employer | Yes (if no personal interest) |
2. Notarizing Without Signer Present
Never notarize a document without the signer personally appearing before you.
| Scenario | Allowed? |
|---|---|
| Signer is in front of you | Yes |
| Signer calls on the phone | NO |
| Someone brings signed document | NO (for acknowledgments the signer must appear) |
| Signer appears via video (not authorized RON) | NO |
3. Having a Financial Interest
You cannot notarize if you have a direct financial or beneficial interest in the transaction.
| Interest Type | Can Notarize? |
|---|---|
| You receive money from the transaction | NO |
| You are named in the document | NO |
| Your business benefits directly | NO |
| Purely employment-related (bank employee) | Generally Yes |
4. Practicing Law
Notaries are NOT attorneys (unless separately licensed) and cannot:
| Prohibited Action | Why |
|---|---|
| Give legal advice | Unauthorized practice of law |
| Explain legal consequences | Unauthorized practice of law |
| Recommend specific language | Unauthorized practice of law |
| Prepare legal documents | Unauthorized practice of law |
| Represent parties in legal matters | Unauthorized practice of law |
Exception: If you are also a licensed attorney in New York, you may provide legal advice—but not as part of your notary duties.
5. Overcharging Fees
| Maximum Fee | Consequence of Overcharging |
|---|---|
| $2.00 per act | Misconduct, removal from office |
6. Using False or Misleading Titles
You may only use the title "Notary Public" or "Notary Public, State of New York."
| Allowed | NOT Allowed |
|---|---|
| Notary Public | Notario |
| Notary Public, State of New York | Notario Publico |
| Immigration Consultant | |
| Legal Advisor |
Important: The term "Notario" in Spanish-speaking countries often refers to a licensed attorney. Using this term can mislead Spanish-speaking clients into thinking you can provide legal services.
7. False Statements and Certificates
Making false statements in a notarial certificate is a crime:
| False Statement | Consequence |
|---|---|
| False date | Misconduct, criminal liability |
| Claiming signer appeared when they didn't | Felony |
| False identity certification | Criminal fraud |
On the Exam
Expect 4-6 questions on prohibited acts:
- Self-notarization: Never allowed
- Personal appearance: Always required
- Financial interest: Disqualifies notary
- Legal advice: Prohibited (unauthorized practice of law)
- Overcharging: Misconduct
- Notario: Prohibited misleading title
Can a notary notarize their own signature on a document?
A Spanish-speaking client asks you to help as a "notario." What should you do?
What is the consequence of notarizing a document when the signer is not present?