Notaries are essential in verifying signatures and preventing fraud, but their legal authority is often misunderstood. Can a notary give legal advice? Can they draft legal documents? Many clients assume notaries have more power than they actually do, which can lead to legal risks for both the notary and the client.
Photo by Mikhail Nilov
Imagine a notary unknowingly overstepping their legal boundaries— maybe by advising a client on a contract or modifying a legal document. A simple mistake like this can result in fines, lawsuits, or even losing a notary commission.
Whether you’re a new notary or a seasoned professional, it’s crucial to understand your legal limits. This guide will clarify what a notary can and cannot do, helping you stay compliant while serving your clients effectively.
The Role of a Notary Public
A notary public is a state-appointed official who verifies identities, administers oaths, and serves as an impartial witness for important document signings. Their primary role is to prevent fraud and ensure the authenticity of signatures on legal documents.
However, a notary is not a lawyer and cannot provide legal services unless specifically authorized by state law. Understanding these limitations is vital to protecting your notary commission and avoiding unauthorized practice of law (UPL) violations.
What a Notary Can Legally Do
Notaries play a crucial role in document verification and fraud prevention. While specific duties vary by state, most notaries can legally perform the following tasks:
1. Verify Identities and Witness Signatures
- Confirm the identity of signers using government-issued IDs.
- Ensure signers are willing and mentally competent.
- Witness document signings and attach a notary seal.
2. Administer Oaths and Affirmations
- Swear in witnesses, affidavits, and depositions.
- Administer oaths for legal proceedings or sworn statements.
3. Certify Copies of Certain Documents
- Some states allow notaries to certify copies of original documents, such as passports or academic records.
- Notaries cannot certify copies of vital records like birth certificates—only government agencies can do that.
4. Perform Acknowledgments and Jurats
- Acknowledgment: Confirms a signer appeared before the notary and willingly signed the document.
- Jurat: Requires the signer to swear the contents of a document are true, often used in affidavits.
5. Conduct Remote Online Notarizations (RON)
If state laws allow, notaries can perform notarizations electronically using audio-video technology.
Remote online notarization follows strict identity verification and security protocols.
While notaries provide essential services, their authority has limits. Let’s explore what a notary cannot legally do.
What a Notary Cannot Do (Legal Limitations)
Many notaries unintentionally cross the line into unauthorized legal practice, which can result in penalties, loss of commission, or even criminal charges. Here are some things notaries cannot legally do.
1. Provide Legal Advice or Draft Legal Documents
- Notaries cannot explain legal terms, advise on contracts, or suggest legal actions.
- Drafting wills, trusts, or real estate documents is considered practicing law without a license.
- Only attorneys can provide legal advice or create legal documents.
2. Notarize Documents Without Proper Identification
- A notary must verify the signer’s identity using valid, unexpired government-issued ID.
- If the signer does not have an ID, credible witnesses may be used in some states.
- Notarizing without verifying identity is illegal and can result in fraud allegations.
3. Oversee Notarization When the Signer is Absent
- A notary must physically witness the signer signing the document.
- Remote notarization is only legal if permitted by state law and follows proper procedures.
- Notarizing a pre-signed document without the signer present is a serious violation.
4. Certify Copies of Vital Records
- Birth certificates, marriage licenses, and death certificates cannot be certified by a notary.
- Only government agencies can issue certified copies of these documents.
- Notarizing a copy of a birth certificate could lead to legal consequences.
5. Use Their Notary Seal for Personal Gain
- Notaries must remain neutral and impartial.
- Using a notary seal to notarize a document for personal benefit is illegal.
- Never notarize documents you have a financial interest in.
Notaries who cross these legal boundaries risk losing their commission, facing lawsuits, or even criminal charges.
How Notaries Can Stay Legally Compliant
To protect your notary commission and business, follow these best practices for staying within legal limits.
1. Know Your State Laws
- Each state has specific notary laws and restrictions.
- Check with your state’s notary commission or Secretary of State’s office for updates.
- If unsure, consult a lawyer rather than guessing.
2. Avoid Giving Legal Advice
- If a client asks for legal guidance, refer them to an attorney.
- Even simple advice on which notarial act to choose could be considered unauthorized practice of law.
3. Use a Notary Journal
- While not required in all states, maintaining a notary journal helps protect against fraud.
- Record each notarization, including signer information, document type, and identification method.
A detailed journal can serve as evidence in case of legal disputes.
4. Stay Neutral and Impartial
- Never notarize a document where you have a direct financial interest.
- If you’re unsure about a notarization request, decline the service.
5. Invest in Notary Training
- Periodically take notary training courses to stay updated on legal changes.
- Join notary associations for support and continuing education.
Following these guidelines will help ensure you stay legally compliant while protecting your notary career.
Protect Your Notary Business by Knowing the Law
A notary’s job is more than just stamping documents. Understanding what you can and cannot do is key to running a successful and legally compliant notary business.
By staying within your legal boundaries, you safeguard your reputation, protect clients, and maintain a trusted role in your community. Always remember: When in doubt, don’t notarize!
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~ Chrystal