Oklahoma notary law and ethics
Ethical boundaries
A notary is an impartial witness, not a legal adviser. Do not draft, interpret, or advise on the legal effect of a document; refer questions to an attorney. Do not notarize your own signature, a document in which you have a beneficial interest, or a transaction where you are a party. Avoid notarizing for close family if bias could be alleged. Refuse blank documents, incomplete signatures, and any request to backdate.
Fees and penalties
Oklahoma caps notary fees per notarial act (currently $5), and charging more is a violation. Willful misconduct-false certificates, notarizing without appearance, or using a commission after revocation-can lead to criminal penalties and revocation by the Secretary of State. Keep your bond and commission current.
Worked example
A lender asks you to notarize your own mortgage closing documents and to "explain the rescission rights." You must decline both. You cannot notarize your own transaction, and explaining rescission is legal advice. The lender should use an independent notary, and the borrower should consult counsel.
Traps
- Acting as a "notario publico" or implying legal authority.
- Notarizing a blank or incomplete document.
- Backdating to match a closing date.
- Charging travel fees that exceed the statutory fee without authorization.