Notary Discipline

Notary Discipline

There is something you should know if you wish to become a notary public in New York. Notaries public are subject to notary discipline. Yes, all notaries know this. But, anyone who wishes to become a notary public needs to understand the sanctions imposed for misconduct. So, in New York, notary misconduct can be a misdemeanor or a felony, depending on the nature of the transgression.

Case Study

One of the more serious sanctions a notary can face is the revocation or suspension of his or her commission. If a notary commits fraud, the consequences are even more serious. The case of New York v Nathan Frankel alleged that the notary notarized a forged deed. You can read the entire transcript by clicking on the link in the previous sentence. Anyway, the court determined that the complaint did not establish enough evidence to support the claim that Mr. Frankel knowingly notarized a false deed. So, the case was dismissed. But, had the court found for the complainant, the defendant would have been convicted of a felony.

Notary Misconduct

The discipline for notary misconduct varies according to the offense. Let’s look at just a few.

• Failure to administer an Oath. This could result in revocation of the notary’s commission
• Falsely acting as a Notary Public. This would be a misdemeanor in New York
• Making False Statements. This can be fraud, which is a felony
• Any misrepresentation on a notary application. This would result in revocation.
• Issuing a false certificate. This would be a misdemeanor. But, issuing a false acknowledgement would be considered forgery.

The above are just a few examples where notary discipline can come into play. The smart notary knows the laws of his or her state. They then conduct themselves in a manner to avoid any hint of violating the law. To learn more about notary responsibilities, I recommend you visit Michael Closen’s you tube video.

This article is directed to anyone who desires to become a notary public. As stated, most commissioned notaries are well-aware of the laws that govern them. To read more of our notarial blogs, visit our blog page.