Your Boss asks you to notarize a document that is illegal

If your boss asks you to notarize a document that is illegal, you face a difficult and ethically challenging situation. Notarizing a document is a serious responsibility. A notary is entrusted with verifying the identity of the signer and ensuring that they are acting willingly and knowingly. To notarize a document is to affirm its authenticity. It requires that the document be legal, truthful, and executed under lawful circumstances. If the document your boss asks you to notarize is illegal, it is critical that you carefully consider the implications of your actions before proceeding. This is another reason a notary may consider Notary Insurance. Feel free to read our article on this.

Legal and Ethical Considerations to Notarize a Document 

First and foremost, notarizing an illegal document is both unethical and potentially illegal. In many jurisdictions, it is a criminal offense for a notary to knowingly perform an act that involves fraud or deceit. A notary public cannot notarize documents that they know or suspect to be false or fraudulent. If you notarize a document that is later determined to be illegal, you may be held legally accountable. This could lead to serious consequences, including fines, professional disqualification, or even criminal charges, depending on the severity of the act and the jurisdiction. Another blog article you may wish to read is “Notaries must avoid conflicts of Interest.”

From an ethical standpoint, notarizing a document that is illegal could lead to significant personal and professional consequences. It could damage your reputation and compromise your professional integrity. Being complicit in illegal activity can also lead to negative personal ramifications, particularly if the situation escalates. Even if you act under direct orders from your boss, you are responsible for your own actions.

The Duty of a Notary

A notary public has a responsibility to remain impartial and act in accordance with the law. This includes not notarizing documents that appear to be forged, fraudulent, or illegal. Notaries are also required to ensure that signers understand the contents of the documents they are signing. They are not under duress or coerced into signing. In the case of an illegal document, these duties may be impossible to fulfill, as notarizing such a document would violate the trust inherent in the notarial process. You can visit the New York Department of State to learn more about notarial duties.

Navigating the Situation

If you find yourself in this situation, it is essential that you take immediate steps to protect yourself and avoid any illegal actions. Begin by questioning your boss’s request and carefully reviewing the document. If you believe the document is illegal, ask your boss for clarification and, if necessary, seek legal counsel. A lawyer can help you understand the specific legal risks involved and provide advice on how to proceed. If you are certain that the document is illegal, you must refuse to notarize it, even if your boss insists otherwise.

It is uncomfortable to refuse your boss, especially given perceived workplace pressures or concerns about your job security. However, standing by your professional integrity is paramount. Should your boss react negatively, it is important to document the situation carefully, noting any requests or instructions given that may indicate an attempt to pressure you into notarizing the document. Protecting yourself legally should be a top priority, and you should never compromise your values for the sake of fulfilling an unethical request.

Conclusion

Ultimately, notarizing an illegal document is not only illegal but also deeply unethical. As a notary, you have a duty to uphold the law and ensure the integrity of the notarial process. If your boss asks you to notarize a document that is illegal, the best course of action is to refuse and seek legal advice. Protecting yourself, your professional reputation, and your ethical standards is far more important than complying with an unlawful request, no matter the pressure you may face.