Prohibited Acts, Conflicts of Interest, and Civil Liability
Absolute prohibitions
A notary may not:
- Notarize their own signature or any document to which they are a party
- Act on a document in which the notary has a direct beneficial or financial interest
- Perform an act for a spouse, child, parent, or other close relation where the notary or that person benefits from the transaction
- Give legal advice, explain a document's legal effect, or select a certificate type as a legal judgment for the parties
- Charge more than the statutory fee cap
- Use the title in advertising in a way that implies legal authority or specialization
- Disclose signers' personal information learned through the act
- Notarize without appearance, or keep using a stamp after the commission expires
Conflicts and employer pressure
Many notaries work for banks, title companies, or law firms. The employer may pay for the commission and set the schedule, but the notary is personally responsible for every act. "My supervisor told me to" is not a defense, and an employer cannot require a notarization you believe is improper.
Civil liability
A notary can be sued for negligence or fraud flowing from a defective act - for example, notarizing without proper identification or certifying an act that never occurred. Damages can reach third parties who relied on the certificate. Following a form does not by itself create immunity.
Traps
Assuming employer insurance covers personal liability; assuming that because the signer lied, the notary is automatically blameless (failure to identify properly is still negligence); assuming self-notarization is acceptable when no one else is available.