(A) Except as otherwise permitted by law, a person who commits one of the following acts is guilty of a misdemeanor:
(1) holding one's self out to the public as a notary if the person does not have a commission;
(2) performing a notarial act if the person's commission has expired or been suspended or restricted; or
(3) performing a notarial act before the person had taken the oath of office.
(B) A notary is guilty of a misdemeanor if the notary takes:
(1) an acknowledgment or administers an oath or affirmation without the principal appearing in person before the notary;
(2) a verification or proof without the subscribing witness appearing in person before the notary;
(3) an acknowledgment or administers an oath or affirmation without personal knowledge or satisfactory evidence of the identity of the principal;
(4) a verification or proof without personal knowledge or satisfactory evidence of the identity of the subscribing witness; or
(5) an acknowledgment or a verification or proof or administers an oath or affirmation if the notary knows it is false or fraudulent.
(C) It is a misdemeanor for a person to perform notarial acts in this State with the knowledge that he is not commissioned pursuant to this chapter.
(D) A person who without authority obtains, uses, conceals, defaces, or destroys the seal or notarial records of a notary is guilty of a misdemeanor.
(E) A person who knowingly solicits, coerces, or in a material way influences a notary to commit official misconduct is guilty of aiding and abetting and is subject to the same level of punishment as the notary.
(F) The sanctions and remedies of this chapter supplement other sanctions and remedies provided by law.
(G) A notary public convicted under the provisions of this section must forfeit his commission and must not be issued another commission. The court in which the notary public is convicted shall notify the Secretary of State within ten days after conviction.
(H) A person who violates the provisions of subsections (A), (B), (C), (D), or (E) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days.
HISTORY: 1989 Act No. 94, Section 1; former 1976 Code Section 26-1-95; 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
Effect of Amendment
2014 Act No. 185, Section 1, rewrote the section.
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