The High Stakes of Notarizing Illegally: What Notaries Must Never Do

Inspired by original reporting from the National Notary Association, with additional resources and insights from Notary Challenger.

When someone violates traffic laws or tosses trash on the sidewalk, the result is usually a fine or a citation. But breaking the law as a Notary Public? That can lead to criminal charges, steep civil penalties, the permanent loss of your Notary commission — or all of the above.

At Notary Challenger, we believe that education and awareness are the first lines of defense against mistakes that can end careers or ruin lives. In this article, we shed light on four of the most serious illegal actions a Notary can commit. We’ll explain why these acts are prohibited, the damage they can cause, and the consequences that can follow — both for Notaries and for the public they’re sworn to serve.

1. Falsifying a Notarial Certificate

What This Means:

You're in a rush. Your signer needs the document yesterday. They plead with you to "backdate" the notarization or fudge the details just a little so everything looks right on paper. But fabricating information — whether it’s the date, time, or presence of a signer — is a criminal act.

Why It’s a Big Deal:

Notarizations are supposed to provide credibility and verification. False certificates undermine that system and open the door to fraud, identity theft, and contractual manipulation. This is more than a technicality — it’s a direct attack on document integrity.

Legal Impact:

Every state prohibits entering false details on a notarial certificate. For instance:

• In California, intentional falsification is a misdemeanor and can result in a civil penalty of up to $10,000.

• In Georgia, it's considered a criminal misdemeanor under state law.

👉 Learn more about California Notary penalties from the Secretary of State.

2. Skipping the Signer’s Personal Appearance

What This Means:

Performing a notarization without seeing the signer — in person or through approved audiovisual tools (if permitted under remote notarization laws) — is a serious breach of your duty.

Why It’s a Big Deal:

You cannot verify identity, willingness, or awareness if the signer isn’t physically or virtually present. Scammers frequently exploit this gap to forge signatures, defraud the elderly, or commit real estate fraud.

Legal Impact:

• Florida fines up to $5,000, even without malicious intent.

• In North Carolina and Hawaii, failing to require personal appearance leads to automatic revocation of your commission and possible misdemeanor charges.

👉 Review your state’s requirements with the National Notary Association’s State Guide

Notary High Stake Mistakes

3. Allowing Others to Use Your Notary Seal

What This Means:

You are the only person allowed to use your official Notary seal. Loaning it to a colleague, spouse, or employer — or even leaving it unsecured — is both unethical and unlawful.

Why It’s a Big Deal:

If your seal is misused, it can be weaponized to authenticate forged or altered documents. You could become entangled in civil litigation or criminal investigations — even if you weren’t the one who committed the fraud.

Legal Impact:

• In California, willfully failing to safeguard your seal is a misdemeanor. You could face a $1,500 fine — or $750 for negligent handling.

• If fraud occurs using your tools, you may still bear liability — even if you weren’t involved.

👉 See official California Notary misconduct laws for full details.

4. Overcharging for Notary Services

What This Means:

Each state sets specific guidelines for what a Notary can charge. Charging more than your state allows — or charging for services you're not authorized to bill for — is illegal.

Why It’s a Big Deal:

Unfair pricing hurts consumers and erodes trust in Notaries as neutral public officials. Even honest mistakes can trigger serious penalties.

Legal Impact:

• Arizona categorizes this as a Class 5 felony, and violators may be fined up to four times the overcharged amount.

• In Texas, it may lead to criminal charges and revocation of your Notary commission.

👉 Reference your local Notary handbook or the NNA’s Notary Fee Chart for accurate fee limits.

Why These Laws Matter — And What You Can Do

At Notary Challenger, we understand the pressure that comes with this role — especially for those working in fast-paced legal, real estate, or immigration environments. But no matter how urgent the situation, cutting corners can cost far more than a lost deal.

Protect Yourself With:

• Solid education: Consider training from reputable providers such as Notary Stars, NNA, or John E. Nelson's Apostille Training.

• Secure practices: Always store your journal and seal securely. Use password protection and encryption for any digital tools.

• Clarity with clients: Be transparent about your fees and legal obligations. Don’t let anyone pressure you into unethical actions.

  
  

Your signature and seal are not just symbolic — they’re legally binding actions. Upholding your oath as a Notary isn’t just about compliance; it’s about public trust. Let’s preserve the integrity of our profession by committing to the highest standard of legal and ethical practice.

Original inspiration credit: “4 Illegal Notary Acts That Can Cost You” by David Thun, Editorial Manager at the National Notary Association. Additional contributions and enhancements provided by Notary Challenger.