New York Prohibitions
“Notario” Prohibitions Now Effective in New York StatePublished February 23, 2015
The New York State Assembly last year enacted the Immigrant Assistance Service Enforcement Act, which seeks to protect immigrants from those who exploit their unfamiliarity with U.S. law by offering bogus “immigration assistance” and engaging in the unlicensed practice of law.
Adopted in August 2014 and effective February 2, 2015, the Act mandates stiffer requirements for immigration assistance providers, prohibits use of terms that can misrepresent one’s authority to provide immigration assistance or practice law, and strengthens charges and penalties for immigration assistance law violations. Notably, the Act:
→ Creates the New York State Office for New Americans, to support, help and advocate for immigrant community members;
→ Establishes and defines first- and second-degree immigration assistance services fraud;
→ Creates a right of action so immigrants who have been victimized may take the perpetrator(s) to court;
→ Strengthens immigrant consumer protections.
Among the Act’s consumer protection measures are prohibitions against immigration assistance providers using terms that mislead unsuspecting immigrants into believing a person has powers or authority that they do not have. These terms include “notario public,” “notario,” and even “notary public” (with the law specifying that “notary public” may be used by a notary licensed by the New York Secretary of State).
American Society of Notaries has long counseled notaries against using terms such as “notario publico” and “notario” when advertising their services, because these terms can lead immigrants to the U.S. to believe that notaries here have greater powers and authority than they actually possess. While notaries abroad have powers that include providing advice and drafting legal documents, U.S. notaries do not—their duties are strictly prescribed by state law and are limited to the performance of specified notarial acts such as taking acknowledgments, administering oaths and affirmations, and witnessing signatures.
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