§ 325. Prohibited acts.

393 words·~2 min read·/pa/title-57/chapter-3/325

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)No authority.-- A commission as a notary public does not authorize the notary public 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; or

(4)receive compensation for performing any of the activities listed in this subsection.

(b)False advertising.-- A notary public may not engage in false or deceptive advertising.

(c)Designation.--

(1)Except as set forth in paragraph (2), a notary public may not use the term "notario" or "notario publico."

(2)Paragraph

(1)does not apply to an attorney at law.

(d)Representations.--

(1)Except as set forth in paragraph (2), the following apply:

(i)A notary public may not advertise or represent that the notary public may:

(A)assist persons in drafting legal records;

(B)give legal advice; or

(C)otherwise practice law.

(ii)If a notary public 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 department, 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 Commonwealth. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.

(iii)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 because of size, it shall be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.

(2)Paragraph

(1)does not apply to an attorney at law.

(e)Original records.-- 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)Crimes Code.-- There are provisions in 18 Pa.C.S. (relating to crimes and offenses) which apply to notaries public.

57c326s