Prohibited Acts and Sanctions
Prohibited conduct
Nevada notaries face discipline for acting outside the commission. Common prohibitions:
- Notarizing the notary's own signature or a document in which the notary is a party or has a beneficial interest.
- Performing a notarial act without the signer's personal appearance.
- Issuing a certificate the notary knows is false, incomplete, or misleading.
- Charging more than the statutory fee or demanding payment for an act the notary did not perform.
- Giving legal advice, drafting legal documents, or selecting documents for a customer.
- Using the title "notario publico" or advertising in a way that implies the notary is an attorney, unless the notary is licensed to practice law.
- Failing to keep or protect the journal, or using a seal after the commission expires.
Sanctions
The Secretary of State may deny, suspend, or revoke a commission and impose fines. A notary who violates the law may also face criminal prosecution, civil liability, and a claim against the surety bond. The bond protects the public; it does not shield the notary from personal responsibility.
Worked example
A notary prepares a power of attorney for a friend, names the friend as agent, and then notarizes the friend's signature. Several violations occur: drafting a legal document without authorization, notarizing a document in which the notary has an interest, and using the commission to facilitate the transaction. "I did not charge a fee" is not a defense.
Traps that cost marks
- Believing that knowing the signer personally cures a conflict of interest.
- Treating a technical error as harmless when the certificate is false.
- Assuming the bond is liability insurance.
- Continuing to notarize while a suspension is pending.