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31.0328 Unauthorized practice of law.

Cite as [A.S.C.A. § 31.0328]

(a) If notarial certificate wording is not provided or indicated for a document, a non-attorney notary shall not determine the type of notarial act or certificate to be used.

(b) A non-attorney notary shall not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act.

(c) This section does not preclude a notary who is duly qualified, trained, or experienced in a particular industry or professional field from selecting, drafting, completing, or advising on a document or certificate related to a matter within that industry or field.

(d) A notary shall not claim to have powers, qualifications, rights, or privileges that the office of a notary does not provide, including the power to counsel on immigration matters.

(e) A non-attorney notary who advertises notarial services in a language other than English shall include in the advertisement, notice, letterhead, or sign the following, prominently displayed in the same language:

(1) the statement: “I am not an attorney and have no authority to give advice on immigration or other legal matters”; and

(2) the fees for notarial acts specified in section 31.0330(a).

(f) A notary may not use the term “notario publico” or any equivalent non-English term in any business card, advertisement, notice, or sign.

History: 2008, PL 30-18.