Chapter 5 of 520% of exam
Prohibited Acts, Fees, and Liability
The limits that keep a Maine notary impartial: how to handle fees under Maine's framework, disqualifying conflicts, the ban on the unauthorized practice of law, and the consequences of misconduct.
Fees
Maine's fee framework differs from states with a single fixed statutory cap, so transparency and checking the handbook matter.
Follow the current Maine handbook rather than assuming a single fixed cap.
Disclose any fee to the signer before performing the act.
Confirm current fee rules with the Secretary of State when in doubt.
Record any fee charged in the journal.
Conflicts and prohibited acts
Impartiality and a willing, identified signer are prerequisites for every act.
A notary may not act as a party to, or with a financial interest in, the transaction beyond the fee.
Disclosure does not cure a disqualifying interest; the notary must decline.
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 predict how a document will fare in court.
Do not choose the notarial certificate for the signer.
Do not advertise as a legal expert or use a misleading title.
Liability and discipline
Misconduct carries consequences for the notary.
Knowingly making a false certificate can bring civil liability and criminal charges.
The Secretary of State may investigate and revoke a commission for cause.
The notary remains personally responsible for harm caused by misconduct.