Duties, Disqualification, and Disciplinary Provisions
A notary's duties are ongoing, not just at the moment of the act. The notary must keep the commission current, use the seal and journal properly, maintain the official signature on file, and comply with the Secretary of State's requests. A notary must notify the Secretary of State of a change of name or address within the statutory timeframe, and must surrender or account for the commission and records when the commission ends or is revoked.
Disqualification and discipline are the enforcement side. The Secretary of State may deny, refuse to renew, revoke, suspend, or impose conditions on a commission for grounds including fraud, misrepresentation, dishonest conduct, failure to comply with notary law, or a disqualifying criminal conviction. A notary who violates the statutes may face administrative action and, in some cases, civil or criminal liability. The notary's conduct is judged against a standard of reasonable care; a notary who fails to verify identity or who notarizes outside the signer's presence is exposed to liability.
Traps: questions that suggest the commission is automatically renewed, that a name change requires no notice, or that discipline is limited to criminal prosecution. Another trap is a notary who continues to act after the commission expires - acts performed without a valid commission are invalid.
Rule of thumb: treat the commission as an active, renewable license with reporting duties. When in doubt, notify the Secretary of State and stop notarizing until the issue is resolved.