Ethics and Legal Responsibilities

A notary public is prohibited from notarizing any document in which the notary has a direct financial or beneficial interest. This means the notary cannot notarize a document that would directly result in a financial gain or advantage to the notary. For example, a notary who is a named beneficiary in a trust cannot notarize the trust document, and a notary who is a party to a contract cannot notarize signatures of other parties to that same contract. The interest must be "direct"—indirect or remote interests are not disqualifying. For instance, a notary who is a shareholder in a large publicly traded corporation generally may notarize documents for that corporation because the interest is not direct and personal. However, a notary who is an officer or director of a corporation should carefully consider whether a notarization for that corporation creates a conflict.

California law does not explicitly prohibit a notary from notarizing documents for family members, including spouses, children, parents, or siblings. However, the notary must carefully consider whether notarizing for a family member creates a direct financial or beneficial interest. The threshold question is whether the notary will receive a direct financial gain or benefit from the transaction being notarized. For example, a notary cannot notarize their spouse's signature on a deed transferring property in which the notary has a community property interest. Even when no direct financial interest exists, the prudent practice is for notaries to avoid notarizing documents for close family members whenever possible, as it undermines the appearance of impartiality and increases the risk of challenges to the validity of the notarization.

A California notary must never notarize a document that contains blank spaces or is otherwise incomplete. While the notary is not responsible for the content of the document, notarizing a document with blank spaces creates a significant risk that someone could later fill in unauthorized information above the notarized signature, potentially committing fraud. If a document presented for notarization contains blanks (such as empty date fields, names of parties not filled in, dollar amounts left blank, or missing property descriptions), the notary must refuse to perform the notarization until all blanks are filled in. The notary may point to the blanks and suggest the signer complete them, but the notary must not fill in the blanks themselves. Once all blanks are filled, the notarization may proceed.

One of the most serious violations a notary can commit is engaging in the unauthorized practice of law (UPL). California notaries who are not licensed attorneys may not: give legal advice of any kind; recommend a specific document or suggest how a document should be completed; explain the legal effect, consequences, or meaning of a document; charge fees for legal services; or represent any person in a legal proceeding. Additionally, notaries who are not attorneys or qualified under federal regulations may not assist with immigration paperwork or hold themselves out as immigration consultants. The term "notario publico" creates a particular risk in Spanish-speaking communities, as in many Latin American countries a "notario publico" is a highly trained legal professional. California notaries must never use the term "notario publico" and must ensure that any advertising clearly states they are not attorneys.

The $15,000 surety bond filed by every California notary serves a specific purpose: it provides a fund from which members of the public may recover damages if they suffer financial loss due to the notary's misconduct or negligence. The bond is not insurance for the notary. If a claim is paid by the surety company, the notary is personally obligated to reimburse the surety company in full, including any attorneys' fees or investigation costs. The bond covers the commission term and any renewal, but each claim is limited to the bond amount. The surety company may cancel the bond at any time by giving written notice to the county clerk and the Secretary of State, at which point the notary's commission is suspended until a new bond is filed. A notary may also obtain errors and omissions insurance, which is a separate policy from the surety bond and covers the notary's own defense costs and liability.

A California notary who engages in misconduct may face both civil and criminal liability. Civil liability arises when a person suffers damages as a result of the notary's negligent or wrongful notarial act. The injured party may sue the notary directly for damages and may also make a claim against the surety bond. Criminal liability may arise for serious violations: willful failure to perform the duties of a notary public is a misdemeanor, and certain fraudulent acts related to notarial duties may be prosecuted as felonies. Specifically, a notary who certifies that a document was signed, acknowledged, or sworn to by a person who did not personally appear before the notary may be subject to a civil penalty of up to $1,500 per violation, in addition to potential criminal prosecution. The Secretary of State may also revoke or suspend a notary's commission for cause, including any violation of notary law.