Key Takeaways
- Notaries cannot notarize documents where they have a personal interest
- Notarizing for family members in certain situations is prohibited
- Unauthorized practice of law is strictly forbidden
- Notaries must refuse notarization in various circumstances
- Violations can result in commission revocation and criminal charges
Prohibited Acts
New Jersey law prohibits notaries from engaging in certain acts. Understanding these prohibitions protects you, the public, and the integrity of notarized documents.
Conflicts of Interest
Personal Interest Prohibition
A notary may NOT notarize a document in which:
| Prohibition | Explanation |
|---|---|
| You are a party | You are signing the document |
| Your spouse is a party | Your spouse is signing |
| You have direct beneficial interest | You will financially benefit |
| You named in the document | You receive something from it |
Example: A notary cannot notarize their own mortgage refinance documents, even if another notary is available.
Family Member Restrictions
While not all family notarizations are prohibited, use extreme caution:
| Situation | Can You Notarize? |
|---|---|
| Spouse as signer | No |
| Document benefits spouse | No |
| Parent/sibling with no conflict | Proceed with caution |
| Family member's routine document | Generally okay if no benefit to you |
Best Practice: When in doubt, have another notary perform the act.
Unauthorized Practice of Law (UPL)
Notaries are NOT attorneys (unless separately licensed). You may NOT:
| Prohibited Act | Why It's UPL |
|---|---|
| Give legal advice | Practicing law without license |
| Explain legal effects | Legal interpretation |
| Recommend document choices | Legal advice |
| Prepare legal documents | Document drafting |
| Represent parties | Acting as attorney |
What You CAN Do
| Permitted Act | Details |
|---|---|
| Read certificate language | From the document |
| Explain notary procedure | What you will do |
| Decline to answer legal questions | Refer to attorney |
| Identify document type | Acknowledge, jurat, etc. |
When to Refuse Notarization
You MUST refuse to notarize when:
| Situation | Reason |
|---|---|
| Signer not present | Violates personal appearance requirement |
| Cannot verify identity | Fundamental duty |
| Document incomplete | Blanks invite fraud |
| Signer appears incapacitated | Cannot give informed consent |
| You have personal interest | Conflict of interest |
| Signer appears coerced | Not willing signature |
| You don't understand the act requested | Cannot properly perform |
Right to Refuse Service
A notary has the right to refuse service:
| Right to Refuse | Details |
|---|---|
| For any lawful reason | Must not be discriminatory |
| If something seems wrong | Trust your instincts |
| If uncomfortable | Professional judgment |
| Without explanation | But be professional |
You May NOT Refuse Based On
- Race, color, national origin
- Religion
- Gender or sexual orientation
- Disability
- Any protected class
Other Prohibited Acts
| Prohibited Act | Consequence |
|---|---|
| Charging excessive fees | Violation, possible revocation |
| Notarizing without presence | Fraud, revocation |
| Backdating notarizations | Fraud, criminal charges |
| Using expired commission | Void notarization, liability |
| Lending your seal | Responsible for misuse |
| Pre-signing certificates | Invites fraud |
On the Exam
Expect 4-5 questions on prohibited acts:
- Personal interest: Cannot notarize if you benefit
- Spouse as party: Always prohibited
- UPL: No legal advice, document preparation, or legal explanations
- Refusal required: Incomplete documents, no ID, not present
- Discrimination: Cannot refuse based on protected class
Can a notary notarize a document where their spouse is a party?
A signer asks the notary to explain what rights they are giving up by signing a power of attorney. What should the notary do?
When can a notary refuse to perform a notarization?