Prohibited Acts and UPL Flashcards

What is 'unauthorized practice of law' (UPL) in the context of Texas notaries?

Answer: Providing legal advice, preparing legal documents, or giving legal opinions without a law license

UPL occurs when a non-attorney (including a notary) provides legal advice, prepares legal documents, or represents clients in legal matters without a law license.

Which of the following notary actions constitutes a prohibited act under Texas law?

Answer: Notarizing their own signature on a document

A Texas notary is prohibited from notarizing their own signature — a notary cannot act as both signer and notary on the same document.

Can a Texas notary who is bilingual charge extra to translate a document for the signer before notarizing?

Answer: Yes, translation services are entirely separate from notarial services

Translation services are entirely separate from notarial acts and not subject to notarial fee limits; a notary may charge market rates for translation.

A Texas notary is asked to notarize a document they believe is fraudulent. What should they do?

Answer: Refuse to perform the notarization

A notary has both the right and the duty to refuse to perform a notarization when they have good reason to believe the act would facilitate fraud or illegal activity.

What is the prohibited act known as 'false notarization' in Texas?

Answer: Completing a notarial certificate certifying that acts occurred when they did not

False notarization involves completing a notarial certificate to certify that the notary performed acts that in fact never occurred.

Under Texas law, which of the following is a prohibited act for a Texas notary?

Answer: Taking a traditional acknowledgment over the phone with verbal consent only

Taking a traditional acknowledgment over the phone is prohibited because personal appearance before the notary is required for traditional notarizations.