Prohibited acts.

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(1) 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 immigrationto the United States, United States citizenship, or related matters; or

  4. Receive compensation for performing any of the activities listed in this subsection

(1).

  1. A notary public shall not engage in false or deceptive advertising.

  2. A notary public, other than an attorney licensed to practice law in this state, shall notuse the term "notario" or "notario publico".

  3. A notary public, other than an attorney licensed to practice law in this state, shall notadvertise 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 alternate 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 the state of Colorado and I may not give legal advice or accept fees for legal advice. I am not an immigration consultant, nor am I an expert on immigration matters. If you suspect fraud, you may contact the Colorado attorney general's office or the Colorado supreme court." If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection (4) 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.

  4. A notary public, other than an attorney licensed to practice law in this state, shall notengage in conduct that constitutes a deceptive trade practice pursuant to section 6-1-727.

  5. Except as otherwise allowed by law, a notary public shall not withhold access to orpossession of an original record provided by a person that seeks performance of a notarial act by the notary public.

  6. A notary public shall not perform any notarial act with respect to a record that isblank or that contains unfilled blanks in its text.

Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 803, § 2, effective July 1, 2018.


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