Key Takeaways

  • Notarizing your own signature is strictly prohibited
  • Notarizing without the signer present is a crime
  • Charging more than the maximum fee is misconduct
  • Practicing law (providing legal advice) is prohibited
  • Having a financial interest in the transaction disqualifies the notary
Last updated: January 2026

Prohibited Acts

Understanding what you cannot do as a notary is just as important as knowing what you can do. Violating these prohibitions can result in removal from office, civil liability, and criminal prosecution.

Major Prohibited Acts

1. Notarizing Your Own Signature

Absolutely prohibited. You cannot notarize any document where you are the signer.

ScenarioAllowed?
Notarizing your own deedNO
Notarizing your own power of attorneyNO
Notarizing your spouse's signatureGenerally NO (beneficial interest)
Notarizing for your employerYes (if no personal interest)

2. Notarizing Without Signer Present

Never notarize a document without the signer personally appearing before you.

ScenarioAllowed?
Signer is in front of youYes
Signer calls on the phoneNO
Someone brings signed documentNO (for acknowledgments the signer must appear)
Signer appears via video (not authorized RON)NO

3. Having a Financial Interest

You cannot notarize if you have a direct financial or beneficial interest in the transaction.

Interest TypeCan Notarize?
You receive money from the transactionNO
You are named in the documentNO
Your business benefits directlyNO
Purely employment-related (bank employee)Generally Yes

4. Practicing Law

Notaries are NOT attorneys (unless separately licensed) and cannot:

Prohibited ActionWhy
Give legal adviceUnauthorized practice of law
Explain legal consequencesUnauthorized practice of law
Recommend specific languageUnauthorized practice of law
Prepare legal documentsUnauthorized practice of law
Represent parties in legal mattersUnauthorized practice of law

Exception: If you are also a licensed attorney in New York, you may provide legal advice—but not as part of your notary duties.

5. Overcharging Fees

Maximum FeeConsequence of Overcharging
$2.00 per actMisconduct, removal from office

6. Using False or Misleading Titles

You may only use the title "Notary Public" or "Notary Public, State of New York."

AllowedNOT Allowed
Notary PublicNotario
Notary Public, State of New YorkNotario Publico
Immigration Consultant
Legal Advisor

Important: The term "Notario" in Spanish-speaking countries often refers to a licensed attorney. Using this term can mislead Spanish-speaking clients into thinking you can provide legal services.

7. False Statements and Certificates

Making false statements in a notarial certificate is a crime:

False StatementConsequence
False dateMisconduct, criminal liability
Claiming signer appeared when they didn'tFelony
False identity certificationCriminal fraud

On the Exam

Expect 4-6 questions on prohibited acts:

  • Self-notarization: Never allowed
  • Personal appearance: Always required
  • Financial interest: Disqualifies notary
  • Legal advice: Prohibited (unauthorized practice of law)
  • Overcharging: Misconduct
  • Notario: Prohibited misleading title
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Decision Tree: Can You Notarize?
Test Your Knowledge

Can a notary notarize their own signature on a document?

A
B
C
D
Test Your Knowledge

A Spanish-speaking client asks you to help as a "notario." What should you do?

A
B
C
D
Test Your Knowledge

What is the consequence of notarizing a document when the signer is not present?

A
B
C
D