Notary Conduct Summary

 

The Notary Public profession is bound by strict ethical and legal guidelines from the Secretary of State. Any notary who breaks these notary procedures and notary rules is risking having their notary license removed for misconduct. In some cases breaking the notary public conduct rules is subject to possible imprisonment and or fines. Below is a notary conduct outline.


 

 

 

 

 

 


 

 

 

 

 

 

 

 

 


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1) A very specific procedure is required by the Secretary of State for all notaries. The notary practice of taking acknowledgements and affidavits without the person being there in person is violating the notary code and is illegal.

2) A solemn oath is required to be administered by the Secretary of State for all notary signings. For example a notary would have the person preparing to have documents notarized swear something like this: "do you solemnly declare that the statements made by you are correct & true"

3) Unless the notary is a practicing lawyer they are prohibited to give legal advice of any kind. For example notaries who are not lawyers may not write any legal documents such as deeds, mortgages, leases, liens, etc.

4) Notaries are not allowed to go into business with any lawyers by way of referring or sending business to them for compensation.

5) Notaries are not allowed to notarize any documents that they are personally involved in.

 

In addition NO INDIVIDUAL WILL BE APPOINTED AS A NOTARY PUBLIC IF HE/SHE HAS BEEN CONVICTED OF A FELONY OR ANY OF THE FOLLOWING OFFENSES:

  • Illegally in possession of a pistol or weapon
  • Possessing burglar's instruments
  • In possession of stolen property
  • Unlawful entry of a building
  • Aiding escapee from prision
  • Possession or use of illegal drugs
  • Convicted of prostitution
 

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