Prohibited

Notarial Acts

- A notary cannot officiate if the document signer is not physically present.

- A notary cannot officiate if the document contains missing pages or blanks that should be complete at the time of the notarization.

- The document cannot be dated later than the day of notarization.

- A notary cannot post-date a notarial certificate (his/her official statement at the end of the document), or date it earlier than the actual date of notarization.

- A notary cannot sign/seal a blank notarial certificate.

- A notary cannot proceed with notarization if the signer cannot be positively identified through personal knowledge or satisfactory evidence of identification.

- A notary cannot proceed if the document is not "original," bearing the signer's original, wet-ink signature (not a photocopy or fax of a signed document).

- A notary cannot proceed if the required notarial act is not indicated by the document, the signer of someone connected to the document.

- Notaries cannot authenticate or validate objects.

- Notaries cannot give advice or opinions that should be given by an attorney-this is unlicensed practice of law.

- A notary cannot advertise services in a foreign language without a disclaimer explaining that he/she is not an attorney.

- Notaries cannot translate the English words, "notary public" into any other language for purposes of advertising notarial services or for any other purpose.

- Notaries cannot sign with any name or initials other than the name or initials that appear on their official commission certificate issued by their state authority.

- A notary cannot proceed with notarization if the signer appears confused or mentally incapable of understanding the transaction.

- A notary cannot proceed with notarization if he/she is a named party in the transaction, or if he/she will derive a financial or material benefit. (This does not apply to employee notaries earning their regular salary).

- A notary may not alter a notarial certificate after the notarial act is complete. (Generally, the notarial act is complete when the signer takes the document and leaves the notary's presence.)

- A notary may not fill out a notarial certificate with information that the notary knows is false.

- A notary may not certify the accuracy of a translation. (The notary may take the oath of a person who swears the translation is accurate.)

- A notary may not proceed with notarization if he/she thinks or knows the transaction is illegal.

- A notary may not proceed with notarization in situations that may or will compromise the notary's impartiality.

- The notary may not proceed with notarization whe he/she is a signer of a the document (notaries may not notarize their own signature).

 

 

Source: Adapted from the American Society of Notaries

Website: https://www.asnnotary.org/?form=prohibitedacts