41-273. Prohibited acts; civil penalty; violation; classification
(Eff. 7/1/22)
A. A commission as a notary public does not authorize an individual to:
1. Assist persons in drafting legal records, give legal advice or otherwise practice law.
2. Act as an immigration consultant or an expert on immigration matters.
3. Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters.
4. Receive compensation for performing any of the activities listed in this subsection.
B. A notary public may not engage in false or deceptive advertising.
C. A notary public, other than an attorney who is licensed to practice law in this state, may not use the term " notario" or " notario publico" .
D. A notary public, other than an attorney who is licensed to practice law in this state, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the internet, the notary public shall include the following statement, or an alternative statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: " I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities." If the form of advertisement or representation is not broadcast media, print media or the internet and does not allow inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
E. Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.
F. If a notary public, other than an attorney licensed to practice law in this state, performs an activity listed in subsection A of this section or otherwise performs the unauthorized practice of immigration and nationality law as defined in section 12-2701, the secretary of state shall impose a civil penalty of not more than $1, 000 and permanently revoke the notary public's commission.
G. A notary public who violates subsection D of this section is guilty of a class 6 felony and the secretary of state shall permanently revoke the notary public's commission.