Categories

Practicing Law Without a License


Notaries and the Unauthorized Practice of Law (UPL)


Notaries are public officials appointed by their states’ commissioning authorities to serve the public as impartial witnesses to the signing of important documents. In most jurisdictions, notaries have three primary duties:

... Continue Reading

Drafting Documents and Notarization


Many notaries are confused as to whether or not they can notarize documents that  they have drafted. In most cases, a notary cannot draft documents. To do so might be considered unauthorized practice of law. This does not, however, apply to notaries who are attorneys or who draft documents during the course of their employment.

... Continue Reading

Notaries, Notarios Publicos, and Immigration


Notaries exist in nearly every country on the planet, but the role of notaries in the United States is far more limited than that of their international counterparts. In other countries, notaries are usually lawyers or other professionals who have been specifically trained in the drafting of documents. 

... Continue Reading

Notaries and the Unauthorized Practice of Law


Unless a notary is also a licensed attorney, he or she may not give legal advice or accept fees for legal advice. In civil-law jurisdictions, and in most common-law jurisdictions outside the United States, notaries are essentially lawyers who have extensive training in the drafting of documents. However, American common-law notaries do not have any legal authority unless they happen to also be a licensed attorney. As a result, it would be considered unauthorized practice of law for a non-attorney notary to give legal advice.

... Continue Reading

Frequently Asked Questions About Notary Stamps


Notary stamps and seals is an important but confusing topic even for the most seasoned notary. So don't be embarrassed if you find yourself looking up this article. The rules can be tricky, and it's important to learn how to best protect yourself from liability or any appearance of impropriety. Below are some common questions we receive.

... Continue Reading

Notarizing a Power of Attorney


Most notaries take great care not to engage in the unauthorized practice of law, but some understandably grow concerned when presented with a power of attorney or other legal document. It's helpful to familiarize yourself with the various documents you might be called upon to acknowledge and to consider how you should answer if asked to draft or edit one.

... Continue Reading

Handling Missing Notarial Certificates


Most experienced notaries know that they should always keep a stack of acknowledgement and jurat notarial certificates on hand in case a client presents them with a document that does not include a notarial certificate. Unfortunately, not all notaries are experienced. There are a good number of notaries who have been working for a while and yet are not aware that a document cannot be notarized without a notarial certificate printed on or attached to the document.

... Continue Reading

What is a Notario Publico?


In its simplest form, the term notario publico translates to notary public. On a deeper level, however, the difference between a notario publico and a U.S. notary public is vast, and therefore it can be problematic for notaries to use this particular terminology in the United States. While a notary public in the United States is authorized to perform specific notarial acts and practice limited discretion, a notario publico in many Latin American countries is an individual who has received the equivalent of a law license and who is authorized to represent others before the government.

... Continue Reading

Legal by Notarization


I honestly cannot count the number of times I've been asked the question, Once you notarize my document, will it be legal? If I were to guess, I'd say I'm asked at least once a week (during a slow week). It seems people feel that a notary public can do the same thing an attorney does, but at a cheaper price.

... Continue Reading

Unauthorized Practice of Law -- Why ONLY Attorneys May Give Legal Advice


If you spend any time reading about notary duties, you will see many statements that a notary must avoid giving legal advice. What is legal advice?

... Continue Reading

What to Do When There Is No Pre-Printed Notary Certificate


If you provide notary services long enough, you will encounter people who have letters or statements or other documents that lack a pre-printed notary certificate. These are often the result of someone being told that they need a notarized statement or release or authorization in order to accomplish some purpose they have chosen.

... Continue Reading

Can a Notary Offer Non-Notarial Services to their Notary Clients?


Most notaries acquire a notary commission as an additional credential. Very often, offering notarial services is not the notary's only, or primary, occupation. Many individuals become notaries at the request of their employers, while others wish to offer services to their local communities and neighborhoods.

... Continue Reading

Practicing Law without a License / Unlawful Advertising


The following are issues that are addressed by law in many states and may carry severe penalties. Notaries in those states that do not address these issues should heed the following:

... Continue Reading

Steps to a Proper Notarization


Notaries should follow proper procedures to minimize any risk of liability for an improper notarial act and reduce opportunities for fraud. With every notarization, the notary should use precise measures to:

... Continue Reading

Legal Disclaimer: The American Association of Notaries is committed to providing accurate and up-to-date information. However, it is important to note that the information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and do not guarantee the accuracy, completeness, or reliability of the information provided. It is your responsibility to know the appropriate notary laws governing your state. You should always seek the advice of a licensed attorney for any legal matters. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions. 

Notary bonds and errors and omissions insurance policies provided by this insurance agency, American Association of Notaries, Inc., are underwritten by Western Surety Company, Universal Surety of America, or Surety Bonding Company of America, which are subsidiaries of CNA Surety.