Prohibited Acts for Notaries

A notary public may not notarize a signature on a document if:

■ The person whose signature is being notarized is not in the presence of the notary at the time the signature is notarized.

■ The document is incomplete.

■ The notary public actually knows that the person signing the document has been adjudicated mentally incapacitated.


Also, a notary public may not:


■ Give legal advice, unless the notary public is a licensed attorney.

■ Take an acknowledgment of execution in lieu of an oath if an oath is required.

■ Notarize a signature on a document unless the notary personally knows the signer or has satisfactory evidence of identification.

■ Attest to the trueness of a photocopy of a public record if a copy can be made by another public official

■ Sign a blank form of affidavit or certificate of acknowledgment.

■ Take the acknowledgment of a person who is blind until the notary public has read the instrument to such person.

■ Take the acknowledgment of a person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language which the person does understand.

■ Notarize a signature on a document if it appears that the person is mentally incapable of understanding