3.1 Prohibited Acts

Why Prohibited Acts Dominate the Exam

The Colorado notary examination is 40 multiple-choice questions, open-book, requiring an 80% score (32 correct), administered free online through the Secretary of State after the eLearning course. A large share of failed questions cluster in this chapter because prohibited-act scenarios are written as innocent-sounding requests. Your job is to find the hidden statutory violation under the Revised Uniform Law on Notarial Acts (RULONA), codified at C.R.S. 24-21-501 through 24-21-540.

The Six Core Prohibitions

Memorize this as the boundary of the office: a notary verifies who signed, not what was signed or why. The moment a request asks you to evaluate, advise, complete, or benefit, you are outside the lawful scope.

The Disqualifying-Interest Test

Under C.R.S. 24-21-504, a notary has a disqualifying interest and must not perform the act if either prong is met:

1. The notary, or the notary's spouse, civil-union partner, ancestor, descendant, or sibling, is a party to or named in the record; OR
2. The notary may receive directly, as a proximate result of the notarization, any advantage, right, title, interest, cash, or property exceeding the lawful fee.

Notice the family list is finite. A notary may lawfully notarize for a cousin, aunt, in-law, or close friend, because they are not on the statutory relative list and the notary gains nothing beyond the fee. But notarizing your own deed, your spouse's affidavit, or a contract that pays you a commission is barred outright.

Personal Appearance, Identification, and Completeness

Signer Must Be Present

C.R.S. 24-21-505 requires the individual to appear in the physical presence of the notary, or in the audio-video presence authorized for remote notarization. A notary may never "notarize over the phone," accept a signature mailed in, or stamp a document a coworker brought from another office. Notarizing an absent signer is the leading cause of Colorado commission revocations and can support a forgery prosecution if the signature was forged.

Satisfactory Evidence of Identity

The notary must have personal knowledge of the signer or satisfactory evidence of identity. Satisfactory evidence means one current government-issued photo ID bearing signature and physical description, or the oath of one credible witness who personally knows the signer and whom the notary can identify. If identity cannot be established, the act is refused — not performed "to be helpful."

No Blank or Incomplete Records

Mandatory Refusal Grounds

A notary must refuse when (a) the signer is not present, (b) identity is not established, (c) the signer appears incompetent, confused, or coerced, (d) the document is incomplete, or (e) the notary has a disqualifying interest. Refusing for these reasons is never misconduct — it is the lawful outcome. Exam traps reverse this: an option that lets the notary "proceed anyway because the signer is in a hurry" or "because the boss said so" is always wrong.

Worked Example

A bank teller-notary is asked by a customer to acknowledge a quitclaim deed transferring property to the teller's own brother. Apply C.R.S. 24-21-504: a sibling is on the statutory relative list and is named in the record. The act is barred — the teller must decline and direct the customer to an unrelated notary, even though the deed is otherwise valid and the teller is willing.

Unauthorized Practice of Law, Notario Fraud, and Fees

No Legal Advice; No Certificate Selection

A non-attorney notary commits the unauthorized practice of law (UPL) by advising which document or certificate a customer needs, explaining the legal effect of a document, drafting language, or determining whether an acknowledgment or a jurat applies. Under C.R.S. 24-21-525 a non-attorney notary may not select the certificate or practice law, so the signer chooses the certificate; the notary may explain the difference between an acknowledgment (signer acknowledges they signed) and a jurat (signer swears the contents are true and signs in the notary's presence), but the customer decides.

The short-form certificate wording itself is set out at C.R.S. 24-21-516.

Notario Publico Prohibition

C.R.S. 24-21-525 forbids a non-attorney notary from advertising notarial services in a language other than English without a verbatim disclaimer that the notary is not an attorney and may not give legal advice, and bars use of the literal translation "notario" or "notario publico." In many Latin American countries a notario publico is a highly trained attorney, so the term misleads immigrant communities. Non-attorney notaries also may not prepare immigration forms or accept money to represent someone in an immigration matter. This is a frequent exam topic because it is uniquely Colorado-enforced consumer-protection law.

Statutory Fee Caps

Under C.R.S. 24-21-529 (amended 2023), the maximum fee is $15 per paper notarial act and $25 per remote or electronic act. Charging more — or charging a contingent or transaction-based fee that creates a disqualifying interest — is official misconduct. Travel fees may be charged separately only if disclosed and agreed in advance.

Consequences of Violations

The notary is personally liable — a Colorado notary is not shielded by an employer for unlawful acts, and a $5,000 to $10,000 surety bond is generally not required for the standard commission but errors-and-omissions coverage is recommended because the notary's own assets are at risk. The bottom line: when an act would require you to skip appearance, identity, completeness, impartiality, or honest recordkeeping, refuse it.