notary misconduct Flashcards
can you practice law?
no
what is considered practicing law?
- giving legal advice
- helping someone fill out documents
- choosing the notary act (acknowledgement or jurat) - the signer must let you know what kind of act you will do
what happens if you practice law?
your commission will be denied/revoked/suspended
you could open up to a civil suit
if you are not in compliance with child support
your license maybe revoked or suspended
$500 fine
infractions (no jail time/similar to speeding ticket)
failure to notify
name change
address change
$500 fine
misdemeanors (punishable by jail time)
willfully neglecting notary duties/trying to break law/not turning in journals/breaking seals/false notary wording/false journal entries/
solicit or coerce notary to do something illegal/acting as a notary
WILLFULL
JOURNAL
SEAL
CERTIFICATE
FELONIES
acting as a notary (Real Estate docs)
Forgery on Acknowledgement
filing false document at county clerk office
$750 fines
negligence
(if you forget to…) do oath or affirmation for example
Failure to complete acknowledgement on time
overcharging
$1000 fine (misdemeanor)
giving legal advice
$1500 fine (misdemeanor)
willful
journal
seal - manufacture or duplicate
failing to notify SOS of lost/stolen/damaged seal
advertising specifics
$2500 fines
- not getting thumbprints for certain documents
- not giving journal to a peace officer when requested - must comply immediately
$10k fine
falsifying an acknowledgement (forgery)
not taking ID from credible witness
Commission revocation
- surrender seal to court
- court sends to SOS
- SOS destroys seal
- statute of limitations
- 4 years from discovery
- right to hearing or investigation
$75000
felony: filing false documents at county clerk
