Notary public prep 3 (review sheet part 1)

professional conduct

use of the office of notary in other than the specific, step-by-step procedure required is viewed as a serious offense by the Secretary of State. Practice of taking acknowledgments & affidavits over the telephone, or otherwise, without the actual, personal appearance of the individual making the acknowledgment or affidavit before the officiating notary, is illegal

equally unacceptable to the Secretary of State is slipshod administration of oaths

the simplest form in which an oath may be lawfully administered is:

“Do you solemnly swear that the contents of this affidavit subscribed by you is correct & true?”

… may be used for persons who conscientiously decline taking an oath

affirmation

This affirmation is legally equivalent to an oath & is just as binding:

“Do you solemnly, sincerely & truly declare & affirm that the statements made by you are true & correct?”

Unless a …, the notary public may not engage directly or indirectly in the practice of law

lawyer

if the notary public engages directly or indirectly in the practice of law, this may subject the notary public to removal from office by the Secretary of State, & possible …, …, or both

imprisonment, fine

a notary

• may not give advice on the law

notary may not draw any kind of legal papers, (wills, deeds, bills of sale, mortgages, chattel mortgages, contracts, leases, offers, options, incorporation papers, releases, mechanics liens, power of attorney, complaints) & all legal pleadings, papers in summary proceedings to evict a tenant, in bankruptcy, affidavits, or any papers which our courts have said are legal documents or papers

a notary

• may not ask for & get legal business

may not ask for & get legal business to sent to a lawyer or lawyers with whom they have any business connection or receives any money or other consideration for sending the business

a notary

• may not divide or agree to divide his fees with a lawyer

or accept any part of a lawyer’s fee on any legal business

a notary

• may not advertise in, or circulate in any manner, any paper or advertisement, or say to anyone that

they have any powers or rights not given to the notary by the laws under which the notary was appointed

notary public is cautioned not to execute an acknowledgment of the execution of a will

such acknowledgment cannot be deemed equivalent to an attestation clause accompanying a will

attestation clause

that clause (e.g., at the end of a will) wherein the witnesses certify that the instrument has been executed before them, & the manner of the execution of the same