Prohibited Acts, Conflicts of Interest, and Liability
Bright-line prohibitions
A notary may not perform any notarial act when the signer is not physically present; may not notarize the notary's own signature; may not act on a document in which the notary is a party or holds a direct beneficial interest; may not act after the commission has expired, been suspended, or been revoked; may not certify copies of public records or vital records; may not charge more than the statutory fee cap; may not give legal advice or draft documents for another; and, unless licensed to practice law, may not advertise or hold out as a 'notario' or 'notario publico.' Refusing service unlawfully or performing acts outside the commission are also violations.
Conflicts of interest
Watch for family relationships, employment pressure (an employer directing how an act is performed), and any financial stake in the transaction. The statutory prohibitions are the floor; the safe practice is to decline and send the signer to a disinterested notary whenever objectivity is doubtful.
Liability and discipline
The notary can be sued civilly by a person harmed by a defective or dishonest act. The surety bond is the injured public's recourse and is not a shield for the notary, who stays personally liable above the bond amount. The Lieutenant Governor may deny, suspend, or revoke a commission and impose civil penalties, and acting without a commission can carry criminal exposure. Good records - a journal of date, signer, identification, and act - are the notary's best defense.
Rule of thumb: 'No presence, no personal interest, no expired seal - when in doubt, decline and document.'