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Notary Notes

Prohibited Acts and Sanctions

by PAN
The Revised Uniform Law on Notarial Acts (RULONA) gives the Department of State broader authority to impose sanctions on notaries.

Section 323:  Sanctions

If you act in ways that show you lack the honesty, integrity, competence or reliability to be a notary public, the Department may deny, refuse to renew, revoke, suspend, reprimand, or impose a condition on your commission. The Department may impose an administrative penalty of up to $1,000 on a notary for each violation of RULONA, or on any individual who performs a notarial act without a commission. Pretending to be a notary or using a notary's official stamp constitutues the crime of impersonating a notary and is subject to penalties under the Crimes Code. A criminal conviction for violating RULONA or Department regulations carries a fine of not more than $1,000.

Section 325:  Prohibited Acts

A commission as a notary public does not authorize you to practice law. Unless you are also an attorney, you cannot draft legal records, give legal advice, act as an immigration consultant, represent a person in matters relating to immigration, or receive compensation for doing so. You are prohibited from engaging in false or deceptive advertising. You cannot use the term "notario" or "notario publico." If you advertise your notarial services, orally or through broadcast, print or Internet media, you must include a disclaimer that you are not an attorney, cannot practice, law, and cannot charge fees for those services. If the disclaimer is not included, it should be displayed prominently at your place of business.

Section 326:  Validity of Notarial Acts

If you fail to perform a duty or meet a requirement specified in RULONA, your notarial acts are not invalidated by the failure. However, your cusotmer may seek to invalidate the record or pursue other remedies based on federal or state laws other than RULONA. This section does not validate acts performed by an individual who does not have the authority to perform notarial acts.

Section 327:  Regulations

This section gives the Department the authority to put regulations in place to implement RULONA. In setting regulations, the Department is directed to consider the notarial standards, practices and customs recommended or addopted by national organizations, other states, and public and private stakeholders.


 

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