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The Dos and Don'ts of a Notary Public

"Notaries should not give unauthorized legal advise"

Misconception #1

You can't use your seal and your signature to endorse any type of advertisement either for an individual or a company.

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This rule applies to any type of sweepstake or contest.  Being a notary, sometimes you are approached to notarize documents that may not seem to be harmful, but it could be illegal.  You can end up getting yourself or the person who approached you in big trouble.  Depending on the ad and where the ad is seen, your seal can seem like you are endorsing that product, person, or event.  You must be careful when using your notary signature, notary stamp and your notary seal.

Misconception #2

Notaries can only witness the signature of a legal document.  They cannot and should not offer any type of legal advice.

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People are under the misconception that just because a notary can sign and stamp a legal document, then they can give legal advice.  This is not the case at all.  In fact, if a Notary try to offer legal advice and they are wrong, they can end up in court over a lawsuit.  Or they can end up in front of the Secretary of the State and lose their commission.  For instance, let's take a car title.  If the client ask a legal question and the Notary tries to answer that question and they are wrong, then the DMV can reject that car title.

Misconception #3

photo156805737348469bbc440c02eixlibrb40You can't take a blank document or non-legal document and make it legal by putting your signature and seal on that document.

Notaries are not allowed to assist with the preparation of wills, mortgages, deeds, deeds of trust or any other legal document. Notaries can't provide immigration consultation or help to choose the appropriate notarial certification for a document. Again, a notary is only there to witness the signature of a signer. A Notary should never stamp, sign, or use their commission for any request except notarizing documents permitted under the state law.

Don't get yourself in trouble with your state law.  Remember what you were sworn to do and don't be led to do anything that you think may be illegal.  If you have any doubt, please consult your Notary Handbook.  If you're in North Carolina, please see pages 82 - 83 of your Notary Handbook for the dos and don'ts of a Notary Public.

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