The Backdated Notarization
Alice's Maine notary commission expired on June 30. She has not renewed it. On July 8, a client brings a contract dated July 2 and asks Alice to notarize it. The client says the bank will reject it unless the notarization is dated June 28, before the deadline. Alice still has her seal and journal, and no one at the Secretary of State has asked for them. She is tempted to help because the client is a friend and the error was the client's. Alice has not performed any notarial act since June 30.
1. May Alice perform the notarization on July 8?
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No. Once her commission expired on June 30, Alice no longer had authority to perform notarial acts. The fact that she still possesses her seal and journal does not extend her commission. Performing a notarial act after expiration is unauthorized, even if the client is a friend and even if the document itself is dated earlier. Alice must not notarize until she is validly recommissioned.
2. May Alice backdate the notarization to June 28?
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No. Backdating a notarial certificate is false and fraudulent. The certificate date must reflect the date the notarial act actually occurred. Alice cannot make it appear that she acted on June 28 when she did not. Doing so would misrepresent the facts to the bank and could constitute a criminal offense, a civil wrong, and professional misconduct. The client's deadline problem does not justify a false certificate.
3. What are the likely consequences, and what should Alice do?
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If Alice notarizes or backdates the document, she risks civil liability to anyone harmed, disciplinary action by the Secretary of State, denial of a future commission, and possible criminal penalties for false statements or unauthorized practice. She should refuse, explain that her commission has expired, and not use her seal. She should not alter her journal to create a false entry. She should follow the Secretary of State's instructions for a former notary's seal and records, and she should apply for renewal or a new commission before performing any further notarial acts.