9.3 Advertising Restrictions

Why California Regulates Notary Advertising

In much of Latin America a notario público is a highly trained, government-appointed attorney with broad legal authority. A California notary public has no such power — they only verify identity and witness signatures. To stop bad actors from exploiting that confusion in immigrant communities, Government Code § 8219.5 sharply limits how notaries may advertise. The exam expects you to know the statute number and its specific requirements.

The Prohibited Term: 'Notario'

Section 8219.5 bars the literal translation of "notary public" into another language. The statute names the Spanish forms specifically:

• "Notario" — prohibited
• "Notario Publico" — prohibited

"Literal translation" means translating the words without regard to their true meaning in the target language. Because "notario" implies attorney-level authority that a California notary does not have, its use is forbidden in any advertisement, sign, business card, or other written communication.

The Non-English Disclosure Requirement

A notary who is not an attorney and who advertises notarial services in a language other than English — by sign, pamphlet, flyer, website, or other written communication — must post, in both English and the other language, a notice stating:

"I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters."

Crucially, the same advertisement must also list the statutory fees a notary may charge. The notice must be conspicuous and appear with the advertisement.

The single desk plaque is the one carve-out: a small plaque identifying the notary does not have to carry the full disclosure. Everything else — signs, cards, ads, web pages — must comply.

Penalties for Advertising Violations

The penalties escalate quickly and are frequently tested:

Because the Secretary of State shall impose these sanctions, the discipline is mandatory, not discretionary. Advertising violations can also expose the notary to civil liability to anyone harmed and, in egregious cases, to criminal charges for unauthorized practice of law.

What IS Permitted

Notaries may freely:

• Use the accurate English title "Notary Public."
• List the notarial services they perform (acknowledgments, jurats, oaths, copy certifications of powers of attorney).
• Advertise their statutory fees — currently up to $15 per signature — and any separately negotiated travel fee (the state does not cap travel fees, but it must be disclosed as separate from the notarial fee).
• Advertise in multiple languages, provided the § 8219.5 disclosures appear.
• Include name, phone, email, and service area.

Worked Example

A notary opens a storefront and posts a Spanish-only window banner reading "Notario Público — Servicios de Inmigración." This violates § 8219.5 twice over: it uses the prohibited "Notario Público" term, and it advertises in a non-English language without the bilingual "not an attorney" notice and fee schedule. On discovery, the Secretary of State must suspend the commission for at least a year; a repeat offense ends the commission permanently. A compliant banner would read "Notary Public," carry the bilingual disclaimer and statutory fees, and make no immigration-services claim.

Advertising Do's and Don'ts

Common Traps Tested

• Assuming "notario" is fine "because it's just Spanish" — it is expressly prohibited.
• Forgetting that the non-English notice must also include the fee schedule, not just the attorney disclaimer.
• Missing the single-desk-plaque exception.
• Not knowing the one-year-minimum / permanent-on-second-offense penalty structure.

Immigration-Services Overlap

Advertising restrictions intersect with California's immigration-consultant rules. A notary is not authorized to provide immigration advice or services merely by being a notary, and many "notario" scams promise immigration help they cannot legally deliver. If a notary also offers permitted, non-legal immigration document assistance, that activity is separately regulated under the Immigration Consultant Act (Business & Professions Code § 22440 et seq.) and requires its own bond and disclosures.

For exam purposes, remember the core message: a notary advertisement may never imply attorney-level or immigration-counsel authority, and the § 8219.5 disclosure exists precisely to prevent that implication.

Putting It Together: A Compliant Bilingual Ad

A compliant Spanish-and-English flyer for a non-attorney notary would: (1) use the title "Notary Public" — never "Notario"; (2) carry the statement "I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters" in both English and Spanish; (3) list the statutory fees ($15 per signature for acknowledgments and jurats); and (4) avoid any claim of immigration or legal services. Strip out any one of those elements and the ad becomes a violation that the Secretary of State must penalize. The only place you may omit the full disclosure is a single desk plaque that merely identifies the notary.