(a)A notarial officer shall not:
(i)Perform a notarial act with respect to a record
to which the officer or the officer's spouse or civil partner is
a party or in which either of them has a direct beneficial
interest;
(ii)Notarize the officer's own signature;
(iii)Notarize a record in which the officer is
individually named or from which the officer will directly
benefit by a transaction involving the record;
(iv)Certify a copy of an official record issued by a
public entity, such as a birth, death or marriage certificate, a
court record or a school transcript, unless the officer is
employed by the entity issuing or holding the original version
of the record;
(v)Affix the notarial officer's official signature
or stamp to any record that does not contain the officer's
completed notari
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(a) A notarial officer shall not:
(i) Perform a notarial act with respect to a record
to which the officer or the officer's spouse or civil partner is
a party or in which either of them has a direct beneficial
interest;
(ii) Notarize the officer's own signature;
(iii) Notarize a record in which the officer is
individually named or from which the officer will directly
benefit by a transaction involving the record;
(iv) Certify a copy of an official record issued by a
public entity, such as a birth, death or marriage certificate, a
court record or a school transcript, unless the officer is
employed by the entity issuing or holding the original version
of the record;
(v) Affix the notarial officer's official signature
or stamp to any record that does not contain the officer's
completed notarial certificate;
(vi) Investigate, ascertain or attest the lawfulness,
propriety, accuracy or truthfulness of a record or transaction
involving a notarial act;
(vii) Execute a certificate containing information
known or believed by the notarial officer to be false;
(viii) Perform any official action with the intent to
deceive or defraud; or
(ix) Use the official notarial officer title or stamp
to endorse, promote, denounce or oppose any product, service,
contest, candidate or other offering.
(b) A commission as a notary public does not authorize an
individual to:
(i) Assist persons in drafting legal records, give
legal advice, influence or otherwise practice law;
(ii) Act as an immigration consultant or an expert on
immigration matters;
(iii) Represent a person in a judicial or
administrative proceeding relating to immigration to the United
States, United States citizenship or related matters; or
(iv) Receive compensation for performing any of the
activities listed in this subsection.
(c) A notary public shall not engage in false or deceptive
advertising.
(d) A notary public, other than an attorney licensed to
practice law in this state, shall not use the term "notario" or
"notario publico".
(e) A notary public, other than an attorney licensed to
practice law in this state, shall not advertise or represent
that the notary public may assist persons in drafting legal
records, give legal advice or otherwise practice law. If a
notary public who is not an attorney licensed to practice law in
this state in any manner advertises or represents that the
notary public offers notarial services, whether orally or in a
record, including broadcast media, print media and the internet,
the notary public shall include the following statement, or an
alternate statement authorized or required by the secretary of
state, in the advertisement or representation, prominently and
in each language used in the advertisement or representation: "I
am not an attorney licensed to practice law in this state. I am
not allowed to draft legal records, give advice on legal
matters, including immigration, or charge a fee for those
activities". If the form of advertisement or representation is
not broadcast media, print media or the internet and does not
permit inclusion of the statement required by this subsection
because of size, it must be displayed prominently or provided at
the place of performance of the notarial act before the notarial
act is performed.
(f) Except as otherwise allowed by law, a notary public
shall not withhold access to or possession of an original record
provided by a person that seeks performance of a notarial act by
the notary public.
(g) Nothing in this act shall be construed to deny a
notarial officer the right to obtain an assurance in the form of
a surety bond or errors and omissions insurance on a voluntary
basis to provide coverage for liability.