Notarizing a document without the signer appearing in person violates the fundamental principle of notarial work, which is to confirm the identity and willingness of the signer. This is a serious offense that can lead to suspension or revocation of a notary's commission. Charging fees, administering oaths, and keeping a journal are all appropriate actions for a notary.
Notarizing a document that the notary knows contains false information constitutes fraud, which is a criminal offense. Forgetting to renew a commission or performing acts with an expired commission may lead to administrative penalties but not criminal charges. Refusing to notarize a document for legitimate reasons, such as a busy schedule, is not a crime.
Notarizing a document in which the notary has a direct financial interest is a serious conflict of interest. This can lead to the revocation of the commission, fines, and potentially criminal charges depending on the severity of the misconduct.
The unauthorized practice of law is both a civil and criminal offense. A notary who engages in such activity may face fines, revocation of their commission, and criminal prosecution. Notaries are strictly prohibited from providing legal advice unless they are licensed attorneys.
Failing to notify the Secretary of State after moving out of state can result in penalties such as fines and revocation of the notary's commission. It is essential for notaries to keep their information up to date with the state to avoid such consequences.
