Ethics, Prohibited Acts, and Liability
Notarial ethics rest on impartiality, integrity, and the avoidance of the unauthorized practice of law. The notary must not give legal advice, explain the legal effect of a document, draft documents for a fee, or choose a certificate type for the signer's benefit beyond identifying the correct form. The notary may explain what the notarial act is, but not what the document means legally. The notary must charge only the statutory fee, must not notarize outside the commission's scope, and must not discriminate in providing services.
Prohibited acts commonly include notarizing one's own signature, notarizing a document in which the notary has a beneficial interest, using a false or expired seal, performing an act without the signer's appearance, certifying a copy of a public record where prohibited, and notarizing for a person known to lack capacity or to be under duress. Some states prohibit notarizing for a spouse or close relative outright.
Liability arises in several forms: civil liability to injured parties, including under the surety bond; administrative discipline by the commissioning authority, up to revocation; and criminal liability for fraud, forgery, or false certification. The notary may be liable for negligence in identification or for failing to follow statutory procedure. Traps include assuming the bond caps liability, assuming good faith excuses a procedural defect, and assuming a notary may rely on a colleague's identification of the signer.
Rule of thumb: stay in the lane of procedure, not substance. Worked example: a signer asks whether a deed transfers a life estate; the notary declines to advise and refers the signer to an attorney, then completes the acknowledgment after proper identification.