Prohibited Acts, Liability, and Notary Misconduct
Prohibited conduct
Indiana notary misconduct questions focus on acts that exceed the commission and on the consequences. A notary may not:
- Notarize the notary’s own signature or a document in which the notary is a party or has a beneficial interest.
- Perform a notarial act without the signer’s personal appearance, or when the signer is not identified.
- Make a false certificate, backdate or antedate an act, or complete a certificate for an act that did not occur.
- Use the seal after the commission expires or allow another person to use the seal.
- Give legal advice, prepare legal documents, or advertise legal services; a notary is not an attorney merely because of the commission.
- Charge fees beyond what Indiana law permits; the notary may charge only for authorized notarial acts.
Liability and discipline
The notary’s surety bond provides recourse to a person harmed by official misconduct, but it does not protect the notary from personal liability. A notary may be liable for negligence, may have the commission suspended or revoked by the Secretary of State, and may face criminal penalties for fraudulent notarization. The notary must keep the seal secure and report loss or misuse.
Worked example
A friend asks Nina to notarize a deed that the friend signed yesterday. Nina knows the signature is genuine. Nina must refuse to backdate the certificate or state that the friend appeared today if she did not. If the friend appears today and acknowledges the signature, Nina may perform a proper acknowledgment dated today; the earlier signature date is a separate fact. If the friend cannot appear, Nina cannot notarize.
Traps
- Thinking a genuine signature removes the personal-appearance requirement.
- Backdating to match the document date.
- Treating the bond as liability insurance for the notary.
- Using the seal to promote a business or add unofficial credibility.
- Assuming a notary may explain legal effect or select the proper certificate.