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Notary Public: Prohibited Acts, Conflicts of Interest, and Liability

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Prohibited Acts, Conflicts of Interest, and Liability

Prohibited Acts, Conflicts, and Liability

This domain tests the limits on a notary's conduct and the consequences of overstepping. The notary is personally responsible for each act; the commission does not shield the notary from civil or criminal liability.

Prohibited acts

  • Notarizing the notary's own signature or a document in which the notary is a signer or has a beneficial interest.
  • Notarizing for a spouse, ancestor, descendant, or sibling where state law prohibits it.
  • Performing a notarial act without personal appearance or required identification.
  • Completing a certificate for an act that was not performed.
  • Giving legal advice, drafting legal documents, or explaining legal effect.
  • Charging fees above the statutory maximum or charging for an act not authorized.
  • Certifying copies of records the state prohibits, such as vital records.
  • Using the seal after expiration, resignation, or revocation.

Liability

The notary bond or surety bond protects the public from certain losses; it is not errors and omissions insurance. A notary may face civil damages, criminal penalties for fraud or false certificates, and administrative action by the commissioning authority. Many notaries carry errors and omissions coverage.

Worked example

A notary is asked to notarize a deed transferring property to the notary's own LLC. The notary has a beneficial interest and must decline. The proper response is to refer the signer to an independent notary. The reasoning: impartiality is essential, and a certificate signed by an interested notary is vulnerable to challenge and may violate state law.

Traps

  • Thinking the bond is personal insurance.
  • Notarizing for a relative without checking the state's conflict rule.
  • Explaining what a document means or whether it is legal.
  • Acting after the commission expires because the seal is still in the desk.