7.1 Prohibited Acts

Knowing what a New York notary public must not do is tested just as heavily as the affirmative duties. Most disciplinary cases and most exam traps come from a handful of recurring violations: notarizing for someone who is not present, certifying a blank or incomplete record, acting despite a personal interest, executing a false certificate, advertising as a 'notario,' or practicing law. The unifying principle is that a notary is a neutral, impartial witness to a willing, identified signer. Anything that breaks that neutrality or that fabricates the witness function is prohibited.

The Department of State's 'Notary Public License Law' booklet devotes substantial space to these prohibitions, and the exam mirrors that emphasis. As you study, do not treat the rules as a list to memorize; treat them as expressions of one idea, that the notarial certificate must be a truthful record of an act that actually happened in front of you. When a fact pattern feels tempting because the customer is trustworthy or in a hurry, that is usually the signal that a prohibition is in play.

Notarizing Without the Signer Present

Personal appearance is the bedrock of every notarial act. The signer (or, for a proof of execution, the subscribing witness) must be physically in front of the notary, or, for a registered electronic act, present through compliant audio-video communication technology. A signer who mails in a signed page, calls on the phone, or hands the document to a relative has not appeared. Notarizing in that situation defeats the entire purpose of notarization and can constitute a crime.

There is no convenience exception to personal appearance. It does not matter that the notary recognizes the signature, that the signer is elderly or out of town, or that the parties are in a rush to close a deal. If the person whose signature is being notarized is not before the notary at the moment of the act, the notary must decline. This single rule resolves a large share of prohibited-acts questions on the exam.

Example: A regular customer drops off a deed already signed by his elderly mother, who is at home, and asks you to 'just stamp it.' You must refuse. Even though you trust him and recognize the signature, the principal did not appear before you, so notarizing the acknowledgment would be a false certificate.

Blank, Incomplete, and Self-Interested Notarizations

A notary may not notarize a blank or incomplete document. Blank spaces invite fraud because content can be added after the act, making the notary's certificate cover terms the signer never agreed to. If a document has open fields, the signer must complete or line them out before you proceed.

A notary also may not act when he or she has a disqualifying interest. New York treats a notary as disqualified when the notary is a party to the instrument or is directly and pecuniarily (financially) interested in the transaction. Naming yourself in the document, receiving a commission or share from the deal, or notarizing your own signature all disqualify you. A routine employment relationship (for example, a bank teller notarizing a customer's bank form) is generally permitted because the notary gains no personal benefit beyond ordinary wages.

The 'Notario Publico' Prohibition

In many Spanish-speaking countries a notario publico is a highly trained, licensed attorney. New York's Executive Law 135-b therefore forbids a notary from using that phrase, or any non-English term, in advertising in a way that implies the notary is a licensed attorney. A notary who advertises notarial services in a language other than English must post the disclaimer: 'I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice.' This protects immigrant communities from notary fraud.

False Certificates and the Unauthorized Practice of Law

A notary's certificate is a sworn statement of fact. Writing a false date, certifying that a signer appeared when they did not, or recording an identity the notary did not verify is misconduct and can be criminal. Falsely certifying an acknowledgment is treated as forgery because the certificate is a written instrument. The certificate speaks for the notary long after the signer leaves, so its every word must be accurate at the moment it is executed.

Finally, unless separately admitted to the bar, a notary may not practice law. Choosing which certificate (acknowledgment vs. jurat) the customer needs, explaining legal effects, drafting agreements or wills, or advising on immigration are all the unauthorized practice of law (UPL) and are grounds for removal. The safe boundary is mechanical: a notary may explain how a notarization works and what a notary does, but never whether a customer should sign, which form to use for a legal purpose, or what a document means. When a customer needs that guidance, the correct response is to refer them to an attorney.

Prohibited-Acts Reference Table