Notary misconduct and penalties cover a specific set of acts — notarizing without the signer present, executing false certificates, giving legal advice, overcharging, and fraud — and the consequences run on three parallel tracks: administrative discipline from the commissioning authority, civil liability to anyone harmed, and criminal prosecution for the most serious offenses. A single improper notarization can trigger all three at once.
What Counts as Notary Misconduct
Misconduct is not limited to deliberate fraud. State notary laws treat a wide range of acts as violations, and many of them are things a careless or pressured notary might do without thinking of it as wrongdoing.
Notarizing Without the Signer Present
Every state requires the signer to personally appear before the notary at the time of the notarial act. Signing a notarial certificate when the signer is not present creates a false certificate and defeats the entire purpose of having a notary involved. This is arguably the single rule whose violation gets notaries in the most trouble.
False Certificates and Backdating
A notary cannot execute a certificate containing information they know to be false. That includes backdating a notarization to make it appear it occurred on a different day, filling in a false location, or attesting that a signer personally appeared when they did not. False certificates are treated as fraud, and when the document involves real property, most states escalate the offense to felony level.
Unauthorized Practice of Law
Unless you are also a licensed attorney, you cannot give legal advice, explain the legal effect of a document, or draft legal documents. Telling a signer “this power of attorney means your daughter can sell your house” is legal advice. Explaining which form someone needs to file is legal advice. Your role is to verify identity and witness signatures.
A related trap involves advertising. Many states specifically prohibit notaries from using the term “notario publico” or any foreign-language equivalent that implies attorney-like powers, because in several Latin American countries a notario publico is a highly trained legal professional, and the term has been exploited to defraud immigrants who believe they are hiring a lawyer. Violations carry both administrative penalties and, in many jurisdictions, criminal charges.
Overcharging
Most states cap the fee a notary can charge per notarial act. The maximums range widely, from as low as $2 per signature in states like Georgia and New York to $25 in Rhode Island, and some states set no cap at all. Charging more than the statutory maximum is a form of official misconduct that can result in commission suspension or revocation, even if the overcharge was small.
Notarizing a Document You Have an Interest In
A notary must remain neutral. You cannot notarize a document in which you are named as a party, you cannot notarize your own signature, and if you stand to gain financially from the transaction beyond collecting your standard notarization fee, you have a conflict of interest and must decline.
Notarizing for a Signer Who Cannot Validly Consent
If a signer appears confused about the document, seems to be under the influence of drugs or alcohol, or shows signs of being pressured by someone else in the room, going forward with the notarization is itself misconduct. No one can force a notary to complete an act the notary believes is improper.
Certifying Copies of Vital Records
Notaries are generally barred from making certified copies of government-issued vital records such as birth certificates, death certificates, and marriage licenses. Certified copies of these documents must come from the government agency that holds the original. Some states allow notaries to certify copies of other documents, but vital records are off-limits in virtually every jurisdiction.
Administrative Penalties
When a commissioning authority — usually the Secretary of State — determines that a notary violated state law, the most common responses are suspension of the commission for a set period or permanent revocation. Typical grounds include making false statements on your application, charging fees above the statutory cap, engaging in unauthorized practice of law, failing to maintain your required bond, and committing fraud or misrepresentation during a notarial act.
Civil fines vary significantly by state, ranging from several hundred dollars to $5,000 or more per violation. An administrative finding of misconduct becomes part of your permanent public record, which affects future employment, future commission renewals, and your standing with any professional licensing body that cares about character and fitness.
Civil Liability
Separately from any state disciplinary action, a person harmed by your negligence or fraud can sue you in civil court. Damages are tied to the actual financial loss the person suffered. A botched notarization on a real estate transaction, for example, could expose you to liability matching the value of the property.
This is where many notaries badly underestimate their exposure. Almost every state requires a notary to purchase a surety bond before receiving a commission, with required amounts ranging from $500 to $25,000. The bond protects the public, not you. If someone files a valid claim because your notarization caused them financial harm, the surety company pays the claimant up to the bond’s limit and then comes after you for reimbursement.
Errors and omissions insurance works the other way around. An E&O policy protects you from financial loss caused by unintentional mistakes, covering both damages and legal defense costs, and if a covered claim is paid out you do not have to reimburse the insurance company. E&O coverage is optional in most states, with annual premiums typically running from under $20 to several hundred dollars.
Your personal liability for errors or misconduct is unlimited. If a court enters a judgment against you that exceeds your bond amount, your personal assets are on the line for the difference. The bond is a floor for public protection, not a ceiling on your exposure.
Criminal Penalties
The most serious forms of misconduct carry criminal charges. Knowingly notarizing a forged document, making a false certificate, or impersonating a notary are crimes in every state. Depending on the jurisdiction and the nature of the transaction, these offenses can be charged as either misdemeanors or felonies. Felony charges are particularly likely when the fraud involves real property, such as a forged deed or fraudulent deed of trust. A felony conviction typically means automatic and permanent revocation of your commission in addition to potential prison time.
Misconduct in Remote Online Notarization
As of early 2025, 44 states and the District of Columbia have enacted permanent laws authorizing remote online notarization, where the signer and notary connect through a live audio-video session rather than meeting in person. The SECURE Notarization Act passed the House in 2023 and was referred to the Senate Judiciary Committee, but it has not yet been enacted into law.1Congress.gov. H.R.1059 – 118th Congress (2023-2024): SECURE Notarization Act
Remote sessions add compliance requirements that create their own misconduct exposure. Identity verification typically requires two layers: credential analysis of the signer’s government-issued photo ID, and knowledge-based authentication through personal questions drawn from public records. Both steps must be completed before the session begins. Skipping either is a violation even if the person on the other end turns out to be who they claimed.
The entire audio-video session must be recorded, and the notary must retain the recording for the period specified by state law, with five to ten years being common. Failing to maintain these recordings is itself a compliance violation, even when the underlying notarization was perfectly performed. Using a technology platform that does not meet state standards also puts the notarization at risk of being challenged.
The substantive ethical rules carry over. You still cannot proceed if the signer appears coerced, confused, or intoxicated, and the camera must show enough of the environment to let you make that judgment. Ending a session is both your right and your obligation when something is wrong.
When an Employer Pressures You
Many notaries hold their commissions because their employer asked them to, and most workplace notarizations go smoothly. Problems arise when an employer pressures a notary to cut corners, skip identity verification, or notarize documents without the signer present. The fact that your boss told you to do it is not a defense. Criminal liability for improper notarization attaches to the individual notary, not the company. In one widely cited case, four notary employees at a mortgage servicing company in Nevada faced criminal charges for improperly notarizing tens of thousands of foreclosure-related documents at their employer’s direction.
If you are pressured to perform an improper notarization at work, document the request in writing, use your company’s compliance hotline or general counsel if one exists, and state directly that the requested act would violate state law.
Filing a Complaint Against a Notary
If you believe a notary acted improperly, start by identifying which state agency oversees notary commissions. In most states that is the Secretary of State’s office, though a few states assign the responsibility to the governor’s office or another agency. Many of these offices provide complaint forms on their websites.
A strong complaint includes the notary’s full name as it appears on their commission, their commission number (usually stamped on the notarized document), and a clear description of what went wrong. Attach supporting evidence: the improperly notarized document, a receipt showing an overcharge, written communications, or anything else that documents the misconduct. The more specific your complaint, the easier it is for investigators to act on it.
After a complaint is filed, the agency typically assigns an investigator who reviews the evidence and may contact both parties for additional information. If the investigation finds merit, the case can proceed to an administrative hearing where a hearing officer or judge makes a formal determination. Outcomes range from a written reprimand to full revocation of the commission and referral for criminal prosecution.