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Section 10: Prohibited Acts A notary public may not notarize a signature on a document under any of the following circumstances:
Under Pennsylvania law, these offenses may include, but are not limited to:
A person is considered ineligible for appointment as a notary public if they have been convicted of criminal misconduct in the office of notary public, or accepted Accelerated Rehabilitative Disposition (“ARD”) for a felony offense or misdemeanor involving fraud, dishonesty, or deceit within five years before their application for appointment. In extraordinary circumstances, the presumption of inevitability may be refuted by showing clear and convincing evidence that proves the applicant to be fully rehabilitated. For convictions or acceptance of ARD that occurred more than five years before the date of application, the applicant is not presumed to be ineligible. However, the conviction and related facts may be considered when determining whether the applicant has the honesty, integrity, and reliability needed to act as a notary public. The five-year period is measured from the date of conviction or acceptance into ARD, not from the date that the offense occurred. In this context, “conviction” and “convicted of” means a conviction after a bench or jury trial, a guilty plea, a plea of nolo contendere, or a finding of not guilty due to insanity or guilty but mentally ill. Acceptance of ARD is regardless of whether it is considered by the court to be a conviction or a form of judgment without verdict. You are required to notify the Department of conviction of or acceptance of Accelerated Rehabilitative Disposition in resolution of a felony or an offense involving fraud, dishonesty or deceit within 30 days of the disposition or on the next application for appointment and commission, whichever is sooner. You must notify the Department of any disciplinary action taken against your commission by the commissioning authority of another state, territory, or country within 30 days of receiving notice of the disciplinary action, or on the next application for appointment and commission, whichever occurs sooner. You are required to notify the Department of a finding against, or admission of liability in any criminal, civil or administrative proceeding within 30 days of conclusion of the legal proceeding or on the next application for appointment and commission, whichever is sooner. You are required to notify the Department of a finding by the Pennsylvania Bar Association or the courts of Pennsylvania or the bar or courts of any other state or nation finding that the you have engaged in the unauthorized practice of law within 30 days of conclusion of the proceeding or on the next application for appointment and commission, whichever is sooner. When deciding on whether to deny an application or take disciplinary action, the department will consider the following factors:
Notaries public are strictly prohibited from providing legal advice and from performing any duties which may be construed as the practice of law. Unless the notary is a practicing attorney within the state in which commissioned, offering any legal advice of any kind is deemed the unlawful practice of law. Acts that constitute the practice of law are the preparation, drafting, selection or determination of any legal document, or giving advice with relation to any legal documents or matters. The notary should decline any such tasks requested and should refer the individual to an attorney. Representing yourself in a legal matter is not considered an unauthorized practice of law. When determining whether a notary public has given legal advice or practiced law, the department will take into consideration the factors in Pennsylvania Bar Association Unauthorized Practice of Law (UPL) Committee Formal Opinion 2006-01 or any successor document to that opinion. You should prominently display the following statement when advertising that you offer notarial services on broadcast media, print media, or the internet: “I am not an attorney licensed to practice law in this Commonwealth. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities” This statement is required to be in at least 10 point font, and displayed in an open and accessible area public to the place before performing the notarial act. Notarization of Blank or Incomplete Documents A notary public may not notarize a document that is blank or incomplete. If presented with a document for notarization, which the notary public knows from his/her experience to be incomplete or is without doubt on its face incomplete, the notary public must refuse to notarize the document. If a document contains spaces or lines that are left blank and they are not applicable to the particular situation, the signer should write N/A (not applicable) in the blank space or draw a single line through the blank space. Make sure the signer dates and initials the change. The notary should never fill in blank spaces. A notary performing a notarial act on nomination petitions or nomination papers which have remaining empty lines for signatures should mark a line through those spaces or an X to prevent subsequent addition of signatures following notarization. Conflict of Interest A notary public may not notarize any transaction in which the notary or their spouse has a direct or pecuniary interest. A conflict of interest includes any direct or pecuniary interest which can result in actual potential gain or advantage, financial or otherwise other than receiving a regular salary, hourly wage, or notarial fee. Bonuses are excluded if that bonus is not related to or contingent upon the completion of a notarial act. Under the same section, a notary is not authorized to notarize their own signature, nor the signature of their spouse. Remember that any notarial act performed in violation of this stipulation is voidable by law. For these purposes the following does not constitute a conflict of interest:
Section Review
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