The Ethical Responsibilities of a Notary

Notaries hold a unique and trusted position in legal and business transactions. Their role is more than just stamping documents—it’s about upholding integrity, impartiality, and honesty. Because notarizations often affect important legal matters, understanding the ethical responsibilities of a notary public is essential to maintain public trust and protect all parties involved.

1. Impartiality Is Key

A notary must act as a neutral third party. This means:

• No personal interest in the transaction or document.

• Avoid notarizing documents for family members or close friends if it could create bias.

• Refuse notarization if asked to take sides or influence the outcome.

  
  

2. Verify Identity Accurately

Notaries are responsible for confirming the signer’s identity to prevent fraud. Always:

• Require valid government-issued photo ID.

• Check that the ID is current and unexpired.

• Be alert for signs of coercion or mental incapacity.

  
  

3. Only Notarize When Signers Are Present

A notary must witness the signing in person unless authorized to perform remote notarizations by law. Never:

• Notarize documents that were signed earlier or by proxy.

• Accept documents with blank spaces.

• Notarize without the signer physically present (unless your state permits remote notarization).

  
  

4. Maintain Confidentiality

Many notarized documents contain sensitive personal or financial information. Notaries must:

• Keep client information private.

• Protect the security of your notary journal and documents.

• Never share details without proper authorization.

  
  

5. Keep Accurate and Complete Records

Notaries should:

• Log all notarial acts in a journal or electronic record, including dates, types of documents, and identification used.

• Record refusals or unusual situations.

• Retain records for the legally required period.

  
  

6. Avoid Unauthorized Practice of Law

Notaries are not attorneys. They must:

• Refrain from giving legal advice or interpreting documents.

• Direct clients to qualified legal professionals when questions arise.

• Stick to witnessing and verifying signatures, administering oaths, and certifying copies.

  
  

7. Follow State Laws and Regulations

Each state has specific rules governing notaries. Ethical notaries:

• Keep up with changes in laws and procedures.

• Renew commissions and complete any required training.

• Report any misconduct or violations they encounter.

  
  

Final Thoughts

Ethical behavior is the foundation of every notary’s credibility and success. By remaining impartial, diligent, and professional, notaries protect the legal rights of signers and foster public confidence in the notarization process. Upholding these responsibilities ensures your role continues to be trusted and respected in every transaction.