Prohibited Acts, Misconduct & Liability
New York imposes penalties for misconduct, including acting without personal appearance, false acts, and acting with a disqualifying interest. Certain misconduct is a misdemeanor.
Disqualifying interest and false certificates
A New York notary should not notarize a document in which the notary is a party or has a direct beneficial or financial interest. Executing a certificate the notary knows to be false, or notarizing without the signer's personal appearance, is misconduct that can lead to removal and criminal penalties. A notary who is a party to the instrument is disqualified.
Unauthorized practice and misconduct penalties
A non-attorney notary may not give legal advice, prepare legal documents, or advertise as a 'notario.' Misconduct such as issuing a false certificate can be a misdemeanor and grounds for the Secretary of State to remove the notary. New York also treats certain notarial misconduct as a basis for civil liability to injured parties.