A commissioned New York notary who is not an attorney advertises notary services in Spanish on electronic flyers for profit. Which additional action is required under New York law to comply with the advertising rules?
Correct. Under § 135-b(2), a notary who advertises services as a notary public in a language other than English must post with the advertisement, in that other language, the exact disclaimer stating that the notary is not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice. Section 135-b(4) makes clear that advertisements include notices in electronic form.
Registration as an electronic notary is only required before performing electronic notarizations, not for advertising.
Notaries cannot provide immigration guidance or legal advice, regardless of fees charged.
Advertisements in any form, including electronic, require a foreign-language disclaimer under § 135-b(2).
Explanation
A notary public who advertises notary services in a language other than English must post, with that advertisement and in that other language, the statement: “I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice.” Section 135-b also defines an advertisement to include notices in print or electronic form and applies to notaries who are not attorneys admitted in New York. Therefore, a Spanish electronic flyer must include that disclaimer in Spanish.
— NY Executive Law § 135-b(1)-(4)
Memory Aid
Foreign-language ad = foreign-language warning: if the ad isn’t in English, the disclaimer must travel with it.