Things Notary Public Can’t Do in Lakeland, Winter Haven, Florida by Legal Services Aid Mobile Notary Public & Loan Signing Agent Service Near Me Call us now at 863-617-7788 who will come to you at home, house, apartment, condo, job, office business, hospitals, nursing homes Rehabilitation Care or any local parking lot place to notarized quicker your documents. No 24-hour emergency.
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Understanding the Limitations of Notary Services: What Notaries Cannot Do
In the realm of legal documentation, notaries play a crucial role in verifying the authenticity of signatures and ensuring that the signers understand the contents of the documents they are signing. However, there is often a lot of confusion about what notaries are allowed to do, leading to requests that notaries must decline. In this blog post, we will discuss three common requests that notaries often receive but are not permitted to fulfill: giving unauthorized legal advice, using the notary seal to make a document appear legal, and endorsing advertising.
Giving Unauthorized Legal Advice
One of the most frequent misconceptions about notaries is that they have legal expertise similar to that of lawyers. This is simply not true. Notaries are not authorized to provide legal advice, which is a service reserved for qualified attorneys and other authorized legal professionals. Providing legal advice without proper authorization is illegal and is considered the unauthorized practice of law.
Here are a couple of scenarios that notaries might encounter:
A signer might ask you how to complete a document or inquire about missing notarial wording. They may also ask whether they should use a jurat or an acknowledgment. While it may seem harmless to provide guidance in these situations, it is actually illegal. Providing incorrect information could lead to the document being rejected, and you could be held liable for any resulting damages, along with facing other penalties. Many states enforce strict rules against the unauthorized practice of law, and notaries can have their commissions suspended or revoked for violating these rules.
Using the Notary Seal to Make a Document Appear Legal
Another common request notaries receive is to attach their seal to a document to make it look more legal. Some people mistakenly believe that a notary seal or signature automatically renders a document legal in a court of law. This is not true. Notaries are responsible for verifying the identity of the signer, not for simply signing and stamping documents.
The receiving agency will not accept a document solely because it bears a notary seal. The document must still be valid in itself. Additionally, a document that is merely signed or sealed by a notary without a complete and signed notarial certificate is not considered a proper notarization. Notaries must never stamp, sign, or use their seal for any request that is not a proper notarization as permitted under their state’s law.
Endorsing Advertising
From time to time, notaries might be asked to use their seal and signature to endorse a product, contest, or person. While these requests do not occur as frequently, notaries should be prepared to decline them. For example, you may be asked to place your seal and signature in an advertisement with a message such as “This contest is guaranteed by a Notary Public.” It is crucial not to comply with such requests.
Many states prohibit notaries from using their seal and commission for purposes other than authorized notarizations. When people see such ads, they might mistakenly assume that the endorsement is government-approved because a notary was involved. This is misleading. Notaries must use their commission solely to perform authorized acts.
A bizarre example of misuse occurred in 1977 when a New York notary certified that the rock band KISS mixed their blood with some of the ink used to print their Marvel comic book. This act was not within the typical duties of a New York notary. In fact, the only state that allows notaries to certify an event is Washington. Even then, Washington notaries are only authorized to certify that an event took place or that an act was performed, not to promote or endorse it in advertising.
Conclusion: Protecting Yourself and the Public
Understanding the limitations of notary services is crucial for notaries to protect themselves and the public. Some seemingly harmless requests from signers can actually be illegal, leading to the loss of a notary’s commission and potential liability for damages. It is essential to turn down these requests and adhere to your state’s laws regarding notarial acts.
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What are the Open Hours of the mobile Notary Public Operation From early to Late Service on the go?
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