A Notary Is Not A Lawyer
Minn. Stat. 358.72 — no notario, no legal advice, and the statement in each language of the ad
In much of Latin America a notario publico is a trained lawyer holding a public office with real legal authority. In Minnesota a notary public holds a commission, not a law license. The words look the same across the two systems and mean very different things, and Minnesota has written that difference into the statute rather than leaving it to be discovered.
The term. A notary public may not use the term notario or notario publico.
- A commission as a notary public does not authorize assisting persons in drafting legal records, giving legal advice or otherwise practicing law.
- It does not authorize acting as an immigration consultant or an expert on immigration matters.
- It does not authorize representing a person in a judicial or administrative proceeding relating to immigration, United States citizenship or related matters.
- It does not authorize receiving compensation for any of those activities.
The statement. A notary who is not an attorney licensed in Minnesota and advertises notarial services in any manner, orally or in a record, including broadcast, print and digital media and the Internet, includes prominently and in each language used: 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.
Advertising and originals. A notary public may not engage in false or deceptive advertising, and may not withhold access to or possession of an original record a person provided for a notarial act, except as otherwise allowed by law.
The practical shape of it is narrow. A notary confirms who signed and that they signed. A notary does not decide whether the document is the right document, whether it says what it needs to say, or whether signing it is sound. A notarized signature on a bad form is a witnessed signature on a bad form.
How a notary is commissioned in Minnesota, what a notarial act requires, remote notarization, and the fees a notary may charge are set elsewhere and are not on this page. Nor does this page cover who may lawfully assist with an immigration matter, which is a federal question with its own accreditation system. Whether a particular person's help crossed the line is a question for a licensed Minnesota attorney.
Sources for this section (1)
- Minn. Stat. 358.72 — Prohibited acts
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.