Key Takeaways

  • Never notarize if the signer is not personally present (except approved RON)
  • Never notarize if you cannot verify the signer's identity
  • Never notarize an incomplete document (blank spaces for essential terms)
  • Never give legal advice or prepare legal documents unless licensed to do so
  • Never use false or misleading advertising about notary services
Last updated: January 2026

Prohibited Acts

Understanding what you cannot do as a notary is as important as knowing what you can do. Violating these prohibitions can result in commission revocation and civil or criminal liability.

Personal Appearance Violations

Prohibited ActConsequence
Notarizing without signer presentMisconduct, void notarization
Accepting sworn statements over phoneInvalid, misconduct
Pre-signing certificatesFraud
Post-dating or pre-dating notarizationsFraud

Remember: The signer must always personally appear before you at the time of the notarization (unless performing approved remote online notarization).

Identity Verification Violations

Prohibited ActConsequence
Notarizing without verifying identityMisconduct
Accepting obviously fake IDMisconduct, potential fraud
Relying on third-party identificationInvalid (unless credible witness)
Notarizing despite doubts about identityMisconduct

Document Violations

Incomplete Documents

Never notarize a document with:

  • Blank spaces for essential information (names, amounts, dates)
  • Missing pages
  • Significant illegible portions
Blank Space TypeCan You Notarize?
Essential terms blank (names, amounts)No
Minor administrative blanksUse judgment
Intentionally blank spaces (marked N/A)May be okay

Altered Documents

Do not notarize if:

  • Document shows signs of unauthorized alteration
  • Pages appear to have been added or removed
  • Signatures appear forged

Unauthorized Practice of Law

Notaries may NOT:

ProhibitedWhy
Give legal adviceUnauthorized practice of law
Explain document contentsBeyond notary authority
Prepare legal documentsUnless licensed attorney
Recommend which documents to useLegal advice
Tell signers what documents meanLegal advice

What You CAN Say

AcceptableExplanation
"This is an acknowledgment"Describing your notarial act
"You're confirming you signed voluntarily"Explaining the notarial process
"You may want to consult an attorney"Appropriate referral

Advertising and Representation

Prohibited Advertising

ProhibitedWhy
Claiming to be a "Notario"Misleading (implies attorney in some cultures)
Implying legal authorityExceeds notary powers
False or misleading statementsFraud/deception
Claiming immigration expertiseUnauthorized practice

For Non-Attorney Notaries

If you are NOT an attorney and advertise services in a language other than English, you MUST include this statement in the same language:

"I am not an attorney and therefore may not give legal advice about immigration or any other matter."

False Statements and Fraud

Prohibited ActConsequence
False statements on certificateCriminal liability, revocation
Certifying false documentCriminal liability
Backdating or future-datingFraud
Withholding required informationMisconduct

Improper Use of Commission

ProhibitedConsequence
Acting outside jurisdictionVoid notarization
Notarizing after commission expiresVoid, potential criminal liability
Allowing others to use your sealMisconduct, potential fraud
Lending your commission to othersMisconduct

On the Exam

Key points:

  • Always require personal appearance (or approved RON)
  • Never notarize incomplete documents
  • Never give legal advice
  • Never use misleading advertising
  • Never notarize after commission expires
Test Your Knowledge

A signer asks you to explain what a power of attorney document means. What should you do?

A
B
C
D
Test Your Knowledge

A document is presented for notarization with blank spaces where the dollar amount and date should appear. What should you do?

A
B
C
D
Test Your Knowledge

Your notary commission expired yesterday. A longtime client asks you to notarize a document today. What should you do?

A
B
C
D