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Can Notaries Advertise Their Services On Facebook?

New Hotline Resized 3Can Notaries advertise their services on Facebook?

Yes, provided that they follow any laws or regulations that apply to advertising their services on any other advertising medium, including print and broadcast.

For example, when advertising on the Internet, Notaries in Iowa, North Dakota, Oregon and West Virginia must include the following statement in each language used: “I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.” Oregon Notaries must also include the fees they charge in the advertisement.

Notaries in several additional states must post a similarly-worded notice if they advertise services in a foreign language and must refrain from using the Spanish language title “Notario” or “Notario Publico” or translating the term “Notary Public” into other languages.

Among the states that have enacted foreign-language advertising restrictions for Notaries in 2014 are Nebraska, Nevada, South Carolina, Virginia and West Virginia.  New Jersey and New York also enacted laws restricting Notaries from advertising that falsely implies the Notary is qualified to provide legal or immigration services.

Some states, such as California, also impose additional restrictions on non-attorney Notaries who wish to work as immigration consultants, such as requiring registering with the state and posting a bond. Always follow your state’s laws regarding advertising and regulation of persons offering immigration assistance services.

The NNA publishes a complimentary ‘What Is A Notary Public?’ brochure which Notaries may download, print and share with signers to help answer questions about the differences between U.S. Notaries and the ‘Notarios’ of other countries.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

David Thun is an Associate Editor at the National Notary Association.

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call (888) 876-0827, Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.

21 Comments

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katrinka Washington

02 Dec 2014

I would like to know the law for Florida when it comes to advertising on facebook.

National Notary Association

02 Dec 2014

Hi Katrinka, Florida Notaries who are not attorneys may not advertise notarial services in a language other than English without conspicuously posting or stating the following notice in both languages: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL SERVICES." Florida Notaries also may not literally translate the title "Notary Public" into a language other than English. (FS 117.05[10]-[11])

Susan Vonier

03 Dec 2014

What is the law for Tennessee regarding advertising?

National Notary Association

03 Dec 2014

Hello Susan, A Notary who is not an attorney licensed to practice law in Tennessee who advertises his or her services as a Notary Public is required by law to include the following notice in the advertisement: “‘I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF TENNESSEE, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.’ The foregoing disclaimer must be included in any advertisement, whether by radio, television, signs, pamphlets, newspapers, telephone directory, or other written or oral communication, or in any other matter. It must be in English and in the language used in the advertisement, if different. In a written advertisement the statement must be of conspicuous size. An advertisement on radio or television must include substantially the same message. TCA § 8-16-401(a). In addition, a nonattorney Notary is prohibited from advising or assisting in selecting or completing forms affecting or related to a person’s immigration status (TCA 8-16-401[b]); or representing or advertising that the notary public is an immigration consultant, immigration paralegal or expert on immigration matters unless the Notary is an accredited representative of an organization recognized by the Board of Immigration Appeals under Title 8, Part 292, Section 2(a-3) of the Code of Federal Regulations (TCA 8-16-402). Violations of the above constitute “unfair” or “deceptive” acts under TCA 47-18-104, but the above restrictions do not apply to Notaries employed by banks, trust companies and savings and loan associations, nor to Notaries engaged in the closing of loans, the extension of credit or the transfer of title or security instruments (TCA 8-16-403 and 8-16-404).

Shirley Benedict

08 Dec 2014

Can you say donations accepted?

National Notary Association

08 Dec 2014

Hi Shirley. In order to better answer your question can you please let us know what state you are commissioned in? Thanks.

Davina Ismail

30 Dec 2014

What about in Connecticut? And where do I find this information? Thanks,

National Notary Association

05 Jan 2015

Hello Davina, The Connecticut Secretary of State's Notary Public Manual states in Section 5.1, page 17, the following: "Effective October 1, 2013, notaries public appointed by the State of Connecticut must never use a foreign language term to describe their office. For example, a notary shall not assume, use, or advertise the title of “notario” or “notario publico” unless (1) s/he is a licensed attorney or (2) s/he indicates in an advertisement or otherwise provides written notice that s/he is not licensed as an attorney in the State of Connecticut (See Public Act 13-127 in Appendix E). Any use of such a term could mislead a person seeking notarial services into believing that the notary had the authority to provide services which are not permitted under Connecticut's notary law." You can read and download the Notary Public Manual online at http://www.sots.ct.gov/sots/LIB/sots/LegislativeServices/forms/NotaryManual.pdf.

Lorena Bernal

06 Oct 2017

What about in California? My daughter is soliciting ads for their school newspaper and I want to help her by advertising my Notary Public job. Can you possibly give me a sample of an actual ad of a Notary Public, I just do not want to violate any laws and it will probably just a business card size. Thanks for any input you might have.

National Notary Association

06 Oct 2017

Hello. CA state law has specific rules if a Notary advertises in a language other than English. California requires Notaries who advertise in languages other than English to post a notice both in English and the other language that the Notary is not an attorney and may not offer legal or immgration law advice to customers. Please see pages 16 and 17 of the 2017 state Notary Public Handbook for full information: http://notary.cdn.sos.ca.gov/forms/notary-handbook-2017.pdf

Esther Mckenzie

06 Apr 2018

What are the restrictions on advertising on Facebook for the Virgin Islands?

National Notary Association

06 Apr 2018

Hello. We are not aware of any restrictions regarding Facebook advertising for Notaries under Virgin Islands law at this time.

Shannon

24 Sep 2018

Can I get a sign made for my car to say I am a notary and singing agent in florida? Am I allow to get a business license that says for example, Shannons mobile notary and signing agent? I am in FLORIDA

National Notary Association

25 Sep 2018

Hello Shannon. You would have to contact the agency that issues business licenses in your area to ask if they have any special restrictions regarding the name of your business.

Jennifer Jimenez

08 Nov 2018

I would like to know the law for Washington when it comes to advertising.

National Notary Association

08 Nov 2018

Hello. A Notary Public, other than an attorney licensed to practice law in Washington, or a Washington-licensed limited license legal technician acting within the scope of his or her license, may not use the term ‘notario’ or ‘notario publico in advertising (RCW 42.45.230[3]).

Ana Lopez

14 Nov 2018

Can a notary make business cards as a notary public while using business name and P.O Box address in the state of California if commnission number is printed on business card?

Taylor McConnell

10 Jan 2019

Are there restrictions for Mississippi in creating a facebook page.

National Notary Association

11 Jan 2019

A notary public who is not an attorney licensed to practice law in Mississippi and who advertises in any language the person’s services as a notary public by radio, television, signs, pamphlets, newspapers, telephone directory or other written or oral communication, or in any other advertisement, shall include with such advertisement the notice set forth in this section in English and/or in any other languages used in the advertisement. The notice shall be of conspicuous size and shall state: ‘I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF MISSISSIPPI AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.’ (MCA 25-33- 25; see also MCA 25-33-27) A Mississippi Notary may not use the term ‘notario publico’ or any equivalent non-English term in any business card, advertisement, notice, or sign” (1 MAC Pt. 5, R. 050.5.9[E][3]).

Shonshon.lr@gmail.com

18 Jun 2019

Are there laws or regulations for creating a page in Texas.

National Notary Association

19 Jun 2019

Hello. A nonattorney Texas Notary may not advertise notarial services in a foreign language without, in that language and in English, also stating the statutory fees allowed for notarial acts and the following statement in a conspicuous size: “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE” (GC 406.017[a][5] and [b]).

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