Breaking the law when parking, driving, or littering may earn you a ticket or a small fine. Breaking the law when notarizing can result in jail time, loss of your Notary commission, or thousands of dollars in costly lawsuits.
This doesn’t mean the police are waiting around every corner to haul you off to prison if you violate a Notary law. But willingly breaking the law during a notarization doesn’t just lead to more paperwork — it enables fraud that can potentially cost thousands of dollars and embroil your customers in legal problems that can last years. In this article, we’ll show you four illegal actions Notaries should never do, why these acts can harm you and the public, and their potential consequences.
Illegal Notary Act 1: Entering false information on a Notary certificate
What does this mean? Signers often need documents notarized in a hurry to meet important deadlines; if an issue comes up that could delay a transaction, signers sometimes ask Notaries filling out a certificate to write a false date for the notarization (known as “backdating”) or alter other information in the certificate (such as listing an absent signer as present during a notarization) to expedite the document transaction. Never do this!
Why is it illegal? Businesses, government agencies, and consumers rely on notarization to ensure the integrity and trustworthiness of documents. If you falsify information on a certificate, whoever possesses the fraudulently notarized document can use it to commit fraud.
What are the consequences? Knowingly falsifying a Notary certificate is prohibited in every state and can result in severe penalties. For example, in Georgia, a Notary who knowingly executes a certificate containing false information can be found guilty of a misdemeanor. In California, being found guilty of intentionally falsifying Notary certificate information is a misdemeanor, and if it involves an acknowledgment, a civil penalty of up to $10,000.
Illegal Notary Act 2: Failing to require a signer to personally appear during a notarization
What does this mean? One of the most common — and potentially damaging — illegal acts a Notary can do is notarizing a person’s signature without the signer’s personal appearance. When you perform a notarization, the signer must always personally appear. For traditional pen-and-paper notarizations, the signer must be present before you during the notarization. For remote notarization, the signer must appear and communicate with you using audiovisual communication technology compliant with your state’s laws. Never notarize without the signer’s personal appearance.
Why is it illegal? Suppose you notarize a signature without the signer personally appearing. In that case, you cannot know if the person signed the document willingly — or if the signature was falsified by someone else! You also have no way to prove the person’s identity. In many documented cases, scammers who convinced Notaries to ignore personal appearance requirements faked the notarized signatures themselves to commit elder abuse, real estate fraud, or other crimes.
What are the consequences? Personal appearance is one of the basic requirements of notarization. In Florida, failure to require personal appearance is a civil infraction punishable by up to $5,000, and it doesn’t matter if the Notary did it without intent to defraud. In North Carolina and Hawaii, not only is the Notary’s commission automatically revoked, it is a misdemeanor offense.
Illegal Notary Act 3: Letting someone else use your seal
What does this mean? Only you — the commissioned Notary — are authorized to use your official seal to perform notarizations. No other person — including family members, co-workers, or an employer — can use your seal for any purpose. Never let anyone else use your Notary seal.
Why is it illegal? Your official seal is used to authenticate every notarization you do. In the wrong hands, a seal could be used to fool authorities into accepting a falsified document as authentic. Worse, if someone else uses your seal to commit fraud, you could face penalties if you fail to follow state rules for securing the seal. You yourself could become a victim and be required to hire an attorney to prove you didn’t perform the illegal notarizations.
What are the consequences? In California, a Notary who willfully fails to keep their seal under their sole control can be found guilty of a misdemeanor offense and could incur an additional civil penalty of $1,500. If the Notary negligently fails to protect the seal, the civil penalty is $750. Even in states without rules for securing a Notary seal, allowing someone else to use your Notary tools could make you potentially liable for a lawsuit if the other person uses your seal to commit fraud.
Illegal Notary Act 4: Charging an improper Notary fee
What does this mean? When charging a signer for your services, you should never charge a higher Notary fee than your state allows. You must also avoid charging fees that are not allowed in your state.
Why is it illegal? The fees Notaries can charge are regulated by state law. For example, Florida Notaries may not charge more than $10 for each traditional notarization or more than $25 for a remote notarization (although the $25 maximum fee doesn’t cover fees for services other than performing notarial acts). Some states also regulate other fees Notaries may charge, such as travel fees. These regulations are in place to protect customers from being unfairly price gouged by Notaries. While some states do not set maximum fees, they may have other guidelines. For example, Arkansas does not have a fee limit, but any fee for services must be “reasonable” and agreed to by the signer before the notarization occurs.
Also, some states (for example, Missouri) prohibit Notaries from charging fees for certain services, such as charging for notarizing signatures on absentee ballots.
What are the consequences? In Arizona, charging an improper fee may result in liability up to four times the unlawful amount charged and is a class 5 felony (A.R.S. §§ 38-413), and may result in your commission being suspended or revoked. In Texas, charging a Notary fee beyond the statutory maximum could result in criminal prosecution and suspension or revocation of your commission. Always follow your state’s Notary fee rules and guidelines for any other associated fees.
David Thun is the Assistant Managing Editor with the National Notary Association.