Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 34 - REVISED MISSISSIPPI LAW ON NOTARIAL ACTS (§§ 25-34-1 — 25-34-57) › Section 25-34-47 - Limitation on authorization provided by commission as notary public; certain restrictions; penalties for violation

(1)
A commission as a notary public does not authorize an individual to:
(a)
Assist persons in drafting legal records, give legal advice or otherwise practice law;
(b)
Act as an immigration consultant or an expert on immigration matters;
(c)
Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
(d)
Receive compensation for performing any of the activities listed in this subsection.
(2)
A notary public may not engage in false or deceptive advertising.
(3)
A notary public who is not an attorney licensed to practice law in this state may not use the term "notario" or "notario publico."
(4)
A notary public who is not an attorney licensed to practice law in this state may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner 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 must include the following statement, or an alternate statement authorized or required by the Secretary of State, 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 state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities." 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 must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
(5)
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.
(6)
Failure to comply with subsections (1) through (5) constitutes an unfair or deceptive act under Section
75-24-5
.
(7)
A person who knowingly and willfully violates subsections (1) through (5) is guilty of a misdemeanor, and upon conviction, shall be fined in an amount not to exceed One Thousand Dollars ($1,000.00).
(8)
Upon a second conviction of any person under subsections (1) through (5), the offenses being committed within a period of five (5) years, the person is guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment in the county jail for a period not to exceed one (1) year or a fine in an amount not to exceed One Thousand Dollars ($1,000.00), or both.
(9)
Upon a third or subsequent conviction of any person for violation of subsections (1) through (5), the offenses being committed within a period of five (5) years, the person is guilty of a felony, and upon conviction, shall be punished by confinement in the custody of the Mississippi Department of Corrections for a period not to exceed five (5) years or a fine in an amount not to exceed Five Thousand Dollars ($5,000.00), or both.
(10)
Criminal convictions in other jurisdictions for violations of substantially similar provisions to those contained in subsections (1) through (5) are counted in computing whether a violation under subsections (1) through (5) is a first, second, third or subsequent offense.
Added by Laws, 2020, ch. 382, HB 1156,§ 24, eff. 7/1/2021.