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Re: Probably construed as UPL
Posted by VT_Syrup of VT on 3/30/22 10:05am Msg #639172
We only have JustANotary's summary of the call to the secretary of state's office to go by, so we don't know on what basis a $10,000 fine might be imposed.

When thinking about unauthorized practice of law (UPL), we need to think of various ways non-lawyers conducting legal affairs, some of which are unauthorized and some of which are authorized.

1. Individuals conduct their own legal affairs. This is almost always lawful.

2. A non-lawyer represents another person in court for pay. This is almost always UPL.

3. Government officials carry out the duties that are spelled out in the law. This is almost always lawful.

4. Non-lawyer who have a professional license from the state practice their profession. For example, accountants go to IRS audits with their clients, or architects represent clients at zoning board meetings.

In most cases, I think notaries filling out acknowledgement certificates fall in the category of government official carrying out their duties. Even if a notary interprets the notary law incorrectly, it isn't UPL because it is the notary's duty to read the notary law and follow it to the best of the notary's ability.

Choosing which notarial act to perform, on the other hand, is not a notarial duty so notaries who did that would not be protected from UPL charges. It would depend on other laws to determine whether UPL occurred or not.
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Messages in this Thread
 AKA used on California aknowledgement - JustANotary on 3/29/22 2:25pm
 Re: AKA used on California aknowledgement -  Yoli/CA on 3/29/22 2:53pm
 Re: AKA used on California aknowledgement - JustANotary on 3/29/22 2:57pm
 Re: AKA used on California aknowledgement -  JanetK_CA on 3/29/22 3:53pm
 Re: AKA used on California aknowledgement - JustANotary on 3/29/22 7:07pm
 I will never understand the quirks in CA notary laws. -  MW/VA on 3/29/22 3:50pm
 No you are not allowed to notarized a signature with AKA - Gavina Franklin on 3/29/22 4:04pm
 Interesting. Thanks for sharing this! -  JanetK_CA on 3/29/22 4:12pm
 I know it's the xzy folks but here - Clem/CA on 3/29/22 4:24pm
 Re: I know it-s the xzy folks but here - VT_Syrup on 3/29/22 4:31pm
 Re: I know it-s the xzy folks but here -  JanetK_CA on 3/29/22 7:27pm
 Re: I know it-s the xzy folks but here - VT_Syrup on 3/29/22 8:15pm
 I called the Secretary of State - JustANotary on 3/29/22 7:15pm
 Re: Probably construed as UPL n/m - Carolyn Bodley on 3/29/22 8:14pm
 Re: Probably construed as UPL - VT_Syrup on 3/30/22 10:05am
 Re: Correct - we don’t know what SOS actually said re - Carolyn Bodley on 3/30/22 11:29am
 Just for curiosity. Was this a loan modification - Gavina Franklin on 3/30/22 9:36am
 Re: Just for curiosity. Was this a loan modification - JustANotary on 3/30/22 10:23am



 
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