Prohibited Acts, Ethics, and Liability
Conflicts and unauthorized practice
A notary may not notarize the notary’s own signature and may not perform a notarial act in a matter in which the notary is a party or has a direct beneficial interest. A notary must not give legal advice, explain the legal effect of a document, choose the document type for the signer, or draft legal instruments unless also licensed to practice law. The commission must not be used to advertise legal services or to imply special legal authority. Prohibited conduct also includes false certificates, backdating, using the seal on non-notarial documents, delegating notarial duties to an uncommissioned person, and performing acts without required personal appearance or authorized online procedures.
Ethics and liability
A notary may refuse to perform an act for a legitimate reason, but must not unlawfully discriminate or refuse based on protected characteristics. The surety bond may provide compensation to persons harmed by official misconduct, but it does not shield the notary from personal civil or criminal liability. Improper notarization can lead to suspension or revocation of the commission, civil damages, criminal penalties, and challenge to the document’s validity. Ethical practice means acting within authority, documenting accurately, and avoiding even the appearance of a conflict.
Traps and rule of thumb
Traps include “a notary may notarize a spouse’s signature if there is no fee” (a direct interest still disqualifies), “a notary may certify that a document is true and correct” (false), and “the bond is insurance that protects the notary” (it primarily protects the public). Worked example: a notary is named as a beneficiary in a will and is asked to notarize the testator’s signature. The notary should decline because of the direct beneficial interest. Rule of thumb: if you would benefit from the document or cannot remain neutral, do not notarize.