Relates to advertising in a language other than English by notaries public

Summary of provisions

This bill would amend the executive law by adding a new section 135-b to require non-attorney Notaries Public advertising services in a language other than English to prominently display a statement, in the advertisement in such language and in English, that they are not authorized to practice law and have no authority to give advice on immigration law or other legal matters.

Non-attorney Notaries would be prohibited from using the Spanish term "Notario Publico" or any non-English equivalent in advertising unless this statement is also displayed.

A Notary Public shall not use terms in a foreign language in any advertisement for his or her services as a Notary Public that mean or imply that the Notary Public is an attorney licensed to practice in the State of New York or any jurisdiction of the United States. The secretary shall designate by rule or regulation the terms in a foreign language that shall be deemed to mean or imply that a Notary Public is licensed to practice law in the state of New York and the use of which shall be prohibited by Notary Publics who are subject to this section.

For purposes of this section, "advertisement" shall mean and include material designed to give notice of or to promote or describe the services offered by a notary public for profit and shall include business cards, brochures, and notices, whether in print or electronic form. Any person who violates any provision of this section or any rule or regulation promulgated by the secretary shall be liable for civil penalty of one thousand dollars. The secretary of state may suspend a Notary Public upon a second violation of any of the provisions of this section and may remove from office a Notary Public upon a third violation of any of the provisions of this section, provided that the Notary Public shall have been served with a copy of the charges against him or her and been given an opportunity to be heard. The civil penalty provided for by this subdivision shall be recoverable in an action instituted by the attorney general on his or her own initiative or at the request of the secretary.

Justification

In many Latin American countries and other civil law countries, the term "Notario Publico" means someone who is an attorney or has the equivalent status of an attorney. However, here in the United States, the title "Notario Publico" does not confer all the legal powers and authorities of a licensed law practitioner. In New

York State, and most other parts of the country, a Notary Public is only authorized to administer oaths and affirmations and certify documents, not to practice law unless they have license to do so. Many immigrants mistakenly believe that Notaries public are attorneys and are qualified to handle legal matters. In the past, Notaries Public have manipulated the term "Notario Publico" title misconception and used it to take advantage of immigrants who need assistance with their legal issues, including but not limited in the areas of tax and immigration law.

Legislative history

To be determined.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law, provided that the secretary of state may promulgate any rules necessary for implementing and carrying out the provisions of this act prior to its effective date.