Prohibited Acts, Liability, and Enforcement
Prohibited Acts, Liability, and Enforcement
This domain tests the limits on a notary's conduct, the consequences of misconduct, and who bears the loss. The exam often uses conflict-of-interest and unauthorized-practice scenarios.
Core rules
- A notary may not notarize the notary's own signature or a document in which the notary is a signer, party, or named beneficiary. A notary also may not perform a notarial act for a person who is not physically present.
- A notary may not give legal advice, explain the legal effect of a document, draft legal documents for another person, or select a certificate for a signer when that would require legal judgment. Direct the person to an attorney.
- Prohibited conduct includes false certification, misuse of the seal or commission number, charging more than the statutory $5 fee, and advertising as an immigration consultant or offering immigration-related legal advice.
- The $10,000 surety bond protects the public; it is not a shield that prevents the notary from personal civil liability. A notary can be sued for damages caused by a wrongful notarial act.
- The Secretary of State may investigate complaints and suspend, revoke, or refuse to renew a commission. Criminal penalties may apply to intentional misconduct, such as false certification or unauthorized use of a seal.
Worked example
A notary is asked to notarize a deed that transfers property to the notary's own LLC. The notary must refuse. The notary is a named beneficiary and has a direct financial interest, so the act is prohibited even if the signer appears and has valid ID. Another notary must perform the acknowledgment.
Traps
Do not confuse the bond with insurance for the notary. Do not assume the bond pays the notary's own claim or erases personal liability. Do not advise the signer which certificate to use as a legal matter.