Prohibited Acts and Ethics
Conflicts and self-dealing
A notary may not notarize their own signature or a document in which the notary has a direct beneficial interest. A notary may not notarize for a spouse, parent, or child where the relationship creates a conflict under state rules. The safe rule: when your own interest or a close family tie is involved, decline and send the signer to another notary.
Prohibited conduct
Notaries may not:
- Perform an act without the signer's personal appearance and proper identification.
- Falsify a certificate or journal entry, or backdate an act.
- Charge excessive fees beyond what state law allows.
- Give legal advice, draft legal documents, or explain the legal effect of a document.
- Let another person use their stamp or commission.
- Notarize a document that is blank or incomplete in material terms.
Ethics in practice
A notary's duty runs to the public and the integrity of the act, not to the person paying the fee. If a signer appears confused, coerced, or unable to understand the act, the notary should refuse and document the refusal. Advertising must not overstate the notary's authority-notaries are not attorneys.
Traps to watch
- Thinking a notary can "witness" a signature for a family member without restriction.
- Believing a notary may explain a document's legal meaning.
- Assuming a notary must notarize whenever asked-refusal is allowed.
Rule of thumb
If notarizing would benefit you, a close relative, or a blank document, stop. Integrity outranks the fee.
Worked example
A signer asks you to notarize your own car-title transfer. Decline-self-interest bars the act.