Which action could lead to suspension or revocation of a notary commission?

Which action could lead to suspension or revocation of a notary commission?

• A. Providing legal advice or counseling on immigration matters
• B. Signing the notarial certificate with a name different from the commission
• C. Charging fees above statutory limit
• D. Completing a notarial act for a lawful transaction

Answer: (A)

Providing legal advice or counseling on immigration matters falls outside a notary’s duties and is a form of unauthorized practice of law. A notary public is there to verify identity, witness signatures, administer oaths, and complete the notarial certificate, not to interpret laws or advise on legal rights or options. Immigration issues are complex and hinge on legal analysis, so offering guidance in this area can mislead signers and expose the notary to disciplinary action, including suspension or revocation of the commission. The other actions described involve improper conduct or improper documentation, but they do not directly equate to practicing law. Signing with a name not on the commission is a misstatement that should be corrected; charging fees above the statutory limit is a fee violation that could result in penalties or civil action; and completing a notarial act for a lawful transaction is exactly within a notary’s authorized duties.

Providing legal advice or counseling on immigration matters falls outside a notary’s duties and is a form of unauthorized practice of law. A notary public is there to verify identity, witness signatures, administer oaths, and complete the notarial certificate, not to interpret laws or advise on legal rights or options. Immigration issues are complex and hinge on legal analysis, so offering guidance in this area can mislead signers and expose the notary to disciplinary action, including suspension or revocation of the commission.

The other actions described involve improper conduct or improper documentation, but they do not directly equate to practicing law. Signing with a name not on the commission is a misstatement that should be corrected; charging fees above the statutory limit is a fee violation that could result in penalties or civil action; and completing a notarial act for a lawful transaction is exactly within a notary’s authorized duties.