VII

Notary Public Code of

WHAT IS
The Notary shall affix a seal on every notarized
document and not allow this universally
Professional recognized symbol of office to be used by
another or in an endorsement or promotion.
Responsibility

A
VIII
The Notary shall record every notarial act in a
bound journal or other secure recording device
GUIDING PRINCIPLES and safeguard it as an important public record.

I IX

The Notary shall, as a government officer and
public servant, serve all of the public in an
honest, fair and unbiased manner.
II
NOTARY
The Notary shall respect the privacy of each
signer and not divulge or use personal or
proprietary information disclosed during
execution of a notarial act for other than an
official purpose.

The Notary shall act as an impartial witness and
not profit or gain from any document or
transaction requiring a notarial act, apart from the
fee allowed by statute.
III
The Notary shall require the presence of each
PUBLIC?
X
The Notary shall seek instruction on notarization,
and keep current on the laws, practices and
requirements of the notarial office.

SUE FUSS
signer and oath-taker in order to carefully screen
each for identity and willingness, and to observe
that each appears aware of the significance of the
transaction requiring a notarial act. NOTARY PUBLIC – STATE OF NEW YORK
Notch Consulting
IV
The Notary shall not execute a false or 4A Oak Lane
incomplete certificate, nor be involved with any Rennsselaer, NY 12144
document or transaction that is false, deceptive or
fraudulent. NotchConsulting@verizon.net
518-366-4990
V
The Notary shall give precedence to the rules of
law over the dictates or expectations of any
person or entity.
Notch Consulting
VI
Member, 4A Oak Lane
The Notary shall act as a ministerial officer and Rennsselaer, NY 12144
not provide unauthorized advice or services. National Notary
NotchConsulting@verizon.net
Association
518-366-4990
W
hat is a Notary Public?
A responsible person appointed by the state
government to witness the signing of
important documents and administer oaths.
W
hy are documents notarized?
To deter fraud. An impartial witness (the
Notary) ensures that the signers of
documents are who they say they are and not
impostors. The Notary makes sure that signers have
entered into agreements knowingly and willingly.
M M
ay any document be notarized?
For a document to be notarized, it must
contain: 1) text committing the signer in
some way, 2) an original signature (not a photocopy)
of the document signer, 3) a notarial “certificate”
which may appear on the document itself or on an
attachment. The Notary fills in the certificate, signs
it, then applies his or her seal to complete the
notarization.
I
s notarization required by law?
For many documents, yes. Certain affidavits, real
estate deeds and other documents may not be
legally binding unless they are properly notarized.
H
ow does a Notary identify a signer?
Generally, the Notary will ask to see a current
identification document that has a photograph,
physical description and a signature. A driver’s
license, military ID or passport will usually be
acceptable.
H
ow much does a notarization cost?
In New York State, fees are set at a maximum
of $2 per signature notarization. Notaries may
collect fees for travel expenses where appropriate.
D H
oes notarization mean that a
document is “true” or “legal”?
No. Notaries are not responsible for the
accuracy or legality of documents they notarize.
Notaries certify the identity of signers. The signers
are responsible for the content of the documents.
M
ay a Notary give legal advice or
draft legal documents?
Absolutely not. A Notary is forbidden from
preparing legal documents for others or acting as a
legal advisor unless he or she is also an attorney.
Violators can be fined or jailed for the unauthorized
practice of law.
ay a Notary notarize or prepare
immigration papers?
Only a few immigration forms need to be
notarized, such as the Affidavit of Support (I-134),
but U.S. Immigration and Naturalization Service
(INS) regulations state that no one may prepare or
file another person’s immigration papers unless he or
she is an attorney or a U.S. Justice Department-
approved “accredited representative.” Non-attorneys
can provide clerical, secretarial or translating
assistance with INS forms, as long as no advice is
given. However, courts have held that even the
selection of which forms to complete can constitute
the practice of law, since the filing of INS forms
creates legal consequences having a substantial
impact on the applicant.
M
ay a Notary refuse to serve
people?
Only if the Notary is uncertain of a signer’s
identity, willingness or general competence, or has a
good reason to suspect fraud. Notaries should not
refuse to serve anyone because of race, religion,
nationality, lifestyle, or because the person is not a
client or customer. Discrimination on any basis is
not a suitable policy for a public official.
ow does a U.S. Notary differ from a
Notario Publico
A U.S. Notary is not the same as a Latin
Notario Publico. In Latin America, a Notario
Publico is a high-ranking official like a judge, or an
attorney. Unlike a Notario Publico, a U.S. Notary is
forbidden from preparing legal documents or giving
advice on immigration or other matters, unless he or
she is also an attorney.
W
here do I report illegal or
improper acts by a Notary?
Any wrongdoing or illegal activity should be
reported to the police or appropriate state Notary-
regulating office (in New York State, the
Department of State) Or you may write the National
Notary Association’s NOTARY- CONSUMER
WATCH, a program to assist consumers in reporting
improper practices by unscrupulous or uninformed
Notaries. NOTARY-CONSUMER WATCH does
not investigate crimes nor give legal advice; it is a
public service program directing consumers
victimized by a Notary’s actions to the appropriate
agency.
The National Notary
Association
This brochure was developed as a public service by
the National Notary Association, a nonprofit
educational organization. Since 1957, the NNA has
served the nation’s Notaries — today numbering
nearly 4.3 million — as the authority for information
on Notary laws, customs and practices. The
Association is widely known for its role as the
preeminent publisher of information for and about
Notaries, as well as for the services and support it
provides its member Notaries. For information about
the National Notary Association and membership,
please call or write the NNA.
NATIONAL NOTARY ASSOCIATION
A Nonprofit Educational Organization
9350 De Soto Avenue, P.O. Box 2402
Chatsworth, CA 91313-2402 USA
Telephone: 1-818-739-4000
© 1997 National Notary Association