Chapter 5 of 520% of exam

Prohibited Acts, Fees, and Liability

The limits that keep a Colorado notary impartial: fee caps for standard and remote acts, disqualifying conflicts, the ban on the unauthorized practice of law, and the consequences of misconduct.

Maximum fees

Colorado caps fees, with a higher ceiling for electronic or remote acts.

A standard in-person notarization is capped at $15.
An electronic or remote notarization is capped at $25.
A notary may charge less than the cap or nothing.
Record any fee charged in the notary's record.

Conflicts and prohibited acts

Impartiality and a willing, identified signer are prerequisites for every act.

A notary may not act with a disqualifying financial or beneficial interest in the transaction.
A notary may never notarize their own signature.
A notary must refuse when the signer is absent, unidentified, unwilling, or coerced.

Unauthorized practice of law

A non-attorney notary must not cross into legal advice.

Do not give legal advice or opine on a document's validity.
Do not choose the notarial certificate for the signer.
Do not advertise notary services as legal services or use a misleading title.

Liability and discipline

Misconduct has real consequences, and Colorado provides no bond cushion.

Knowingly making a false certificate can bring civil liability and criminal charges.
The Secretary of State may investigate and revoke a commission for cause.
With no bond, the notary's personal liability is the primary source of recovery for the public.
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