Notary Violations Can Carry Serious Penalties

A notary public holds a position of public trust, and every notarization should be performed with care, impartiality, and in accordance with state law, even when the notarization seems routine.

When discovered, notary violations are not always treated as simple mistakes. Depending on the state and the nature of the violation, a notary’s failure to follow proper procedures can lead to serious consequences, including civil fines, lawsuits for damages, suspension or revocation of the notary’s commission, criminal prosecution, or imprisonment.

The following examples provide some of the penalties that notaries may face when they ignore their notarial duties or perform notarizations without following proper procedures.

California: Failure to Obtain a Thumbprint on Certain Records

Cal. Gov. Code § 8206(a)(2)(G) requires a notary to obtain the signer’s right thumbprint in the journal when notarizing a deed, quitclaim deed, deed of trust, another document affecting real property, or a power of attorney document. If the signer’s right thumbprint is not available, the notary must have the signer use his or her left thumb, or any available finger, and must indicate that in the journal. If the signer is physically unable to provide a thumbprint or fingerprint, the notary must indicate that in the journal and must also provide an explanation of that physical condition. This thumbprint requirement does not apply to a trustee’s deed resulting from a decree of foreclosure, a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code, nor to a deed of reconveyance.

Under Cal. Gov. Code § 8214.23, failing to comply with the thumbprint requirement under Cal. Gov. Code § 8206 may subject a California notary to a civil penalty of up to $2,500.

Florida: Fraudulently Taking an Acknowledgement

Under Fla. Stat. § 117.105, a notary public who falsely or fraudulently takes an acknowledgment of an instrument, falsely or fraudulently makes a notarial certificate, or falsely takes or receives an acknowledgment of a signature on a written instrument is guilty of a third-degree felony, punishable as provided in sections 775.082, 775.083, or 775.084 of the Florida Statutes.

Illinois: Use of the word “Notario"

5 ILCS 312/3-103 prohibits a notary from using, in any document, advertisement, stationery, letterhead, business card, electronic communication, or other comparable written material describing the notary’s role, a literal translation from English into another language of terms or titles such as “notary public,” “notary,” “licensed,” “attorney,” “lawyer,” or any other term that implies the person is an attorney. The law specifically states that the word “notario” is prohibited.

Failure to follow the procedures in 5 ILCS 312/3-103 will result in a fine of $1,500 for each written violation. A second violation will result in permanent revocation of the notary’s commission. 5 ILCS 312/3-103 also states that these penalties do not preclude any consumer of notary public services from pursuing other civil remedies available under the law.

Oklahoma: Failure to Identify the Signer

Oklahoma law requires a notarial officer to determine the identity of the person appearing before the notary when taking an acknowledgment, taking a verification upon oath or affirmation, or witnessing or attesting a signature. Under 49 O.S. § 113(G), a notarial officer who performs a notarial act without first making the required good-faith determination of the person’s identity is guilty of a misdemeanor. Upon conviction, the notarial officer may be fined up to $1,000, imprisoned in the county jail for up to ten days, or both.

Pennsylvania: Violating RULONA

57 Pa.C.S. § 323(a.1) allows the Department of State to impose an administrative penalty of up to $1,000 on a notary public for each act or omission that violates the Revised Uniform Law on Notarial Acts (RULONA). The same penalty may also apply to a person who performs a notarial act without being properly appointed and commissioned as a notary.

Under 57 Pa.C.S. § 323(a), the Pennsylvania Department of State may also deny, refuse to renew, revoke, suspend, reprimand, or impose conditions on a notary commission for conduct showing that the notary lacks the honesty, integrity, competence, or reliability to act as a notary public. The department’s authority under 57 Pa.C.S. § 323 does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.

Texas: Notarizing Without the Signer’s Presence

Texas Government Code § 406.0091 states that a Texas notary commits an offense if the notary performs a notarization knowing that the signer, grantor, maker, or principal did not personally appear before the notary at the time the notarization was performed.

This offense is generally a Class A misdemeanor, but it becomes a state jail felony if the document being notarized involves the transfer of real property or any interest in real property. A Class A misdemeanor in Texas may carry a fine of up to $4,000, confinement in jail for up to one year, or both. An individual adjudged guilty of a state jail felony will be punished by confinement in a state jail for any term of not more than two years or less than 180 days. In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.

Know the Law Before You Notarize

These examples show why notaries should never take their duties lightly. Notaries should be familiar with their state’s laws and regulations, understand the penalties for noncompliance, and perform every notarial act in compliance with the law.