Violating Notary laws can have serious consequences, including jail time, loss of commission, or costly lawsuits. While law enforcement may not always be actively monitoring Notary practices, breaking the rules can lead to fraudulent activities that harm individuals and businesses. In this article, we will discuss four illegal actions that Notaries should avoid, the reasons behind these prohibitions, and the potential penalties.
Illegal Notary Act 1: Providing False Information on a Notary Certificate
What does this entail? Sometimes, individuals request Notaries to falsify information on certificates to expedite document processing. This includes backdating or altering details to meet deadlines. Never engage in such practices!
Why is this illegal? Notarizations are relied upon for document integrity; falsifying certificates can enable fraud.
What are the consequences? Knowingly falsifying a Notary certificate is a punishable offense in every state, with penalties varying from misdemeanors to hefty fines.
Illegal Notary Act 2: Not Requiring Personal Appearance for Notarization
What does this involve? Notarizing a signature without the signer's personal presence is a common illegal act that can lead to identity fraud and other crimes.
Why is this illegal? Personal appearance is crucial for verifying the signer's identity and willingness to sign documents.
What are the consequences? Failure to require personal appearance can lead to civil infractions or even misdemeanor charges in some states.
Illegal Notary Act 3: Allowing Unauthorized Use of Your Notary Seal
What does this mean? Only the commissioned Notary is permitted to use the official seal for notarizations.
Why is this illegal? Unauthorized use of the seal can lead to fraudulent activities, putting the Notary at risk of penalties.
What are the consequences? Penalties for allowing others to use your seal range from misdemeanors to civil penalties, depending on the state.
Illegal Notary Act 4: Overcharging for Notary Services
What does this mean? Charging fees above the state's limits or for unauthorized services is prohibited.
Why is this illegal? State laws regulate Notary fees to protect customers from unfair pricing practices.
What are the consequences? Violating fee regulations can result in severe penalties, including commission suspension or revocation, in addition to civil or criminal liabilities.
David Thun is the Editorial Manager at the National Notary.
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