Key Takeaways
- Notaries cannot notarize their own signature or documents where they have financial interest
- Practicing law (giving legal advice, preparing documents) is strictly prohibited
- Notarizing without proper identity verification is grounds for commission revocation
- Advertising as "notario público" or implying legal authority is illegal in Arizona
- Refusing notarizations based on race, religion, or other protected characteristics is prohibited
Prohibited Acts
Understanding what you CANNOT do as a notary is just as important as knowing your authorized duties. Violating these prohibitions can result in commission revocation, fines, and even criminal charges.
Conflict of Interest Prohibitions
| Prohibited Act | Why |
|---|---|
| Notarizing your own signature | Self-dealing |
| Notarizing for your spouse | Too close relationship |
| Notarizing documents where you have financial interest | Conflict of interest |
| Notarizing for your employer if you benefit | Financial interest |
| Notarizing when named in the document | Party to transaction |
The "Financial Interest" Rule
You cannot notarize a document if you have any financial or beneficial interest in the transaction:
| Example | Can You Notarize? |
|---|---|
| Deed transferring property to you | NO |
| Contract where you're a party | NO |
| Loan documents for your own loan | NO |
| Will naming you as beneficiary | NO |
| Employee notarizing employer's routine documents | Usually YES |
Unauthorized Practice of Law
Arizona notaries are strictly prohibited from practicing law:
| Prohibited | Allowed |
|---|---|
| Giving legal advice | Explaining your role as notary |
| Selecting document type for signer | Asking which notarization signer needs |
| Explaining legal effects of documents | Reading document titles |
| Preparing legal documents | Completing notarial certificates |
| Recommending attorneys | Suggesting signer consult an attorney |
The "Notario Público" Problem
In many Latin American countries, a "notario público" is a licensed attorney with significant legal powers. In the U.S., a notary public has NO legal training requirements.
It is ILLEGAL in Arizona to:
| Prohibited | Penalty |
|---|---|
| Advertise as "notario" or "notario público" | Criminal charges possible |
| Imply you have legal training | Commission revocation |
| Offer immigration assistance | State and federal charges |
| Prepare legal documents for others | Unauthorized practice of law |
Identity Verification Violations
| Violation | Consequence |
|---|---|
| Notarizing without signer present | Commission revocation |
| Accepting invalid ID | Potential liability |
| Not verifying identity | Void notarization |
| Notarizing for someone you don't identify | Criminal exposure |
Discrimination Prohibitions
You cannot refuse to notarize based on:
| Protected Characteristic |
|---|
| Race |
| Religion |
| National origin |
| Gender |
| Disability |
| Sexual orientation |
Legitimate reasons to refuse:
- Signer cannot be identified
- Signer doesn't appear willingly
- Document is incomplete
- Notary has conflict of interest
- Signer appears incompetent
Other Prohibited Acts
| Prohibition | Details |
|---|---|
| Charging more than allowed fees | Maximum $10 per signature |
| Notarizing incomplete documents | Blanks must be filled in |
| Backdating notarizations | Date must be actual date |
| Using expired commission | Must have current commission |
| Notarizing without seal present | Seal required for every notarization |
On the Exam
Prohibited acts questions focus on:
- Conflicts of interest: Cannot notarize your own or spouse's signature
- Legal advice: Cannot give it, even if you're also an attorney
- "Notario": Cannot use this term in advertising
- Identity: Cannot notarize without verification
- Discrimination: Cannot refuse based on protected characteristics
Can an Arizona notary notarize a document in which they have a financial interest?
Why is it illegal in Arizona to advertise as a "notario público"?