Advertising by notaries public

§ 135-b. Advertising by notaries public. 1. The provisions of this
section shall not apply to attorneys-at-law, admitted to practice in the
state of New York.

2. A notary public who advertises his or her services as a notary
public in a language other than English shall post with such
advertisement a notice in such other language the following 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."

3. 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 in 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.

4. 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.

5. Any person who violates any provision of this section or any rule
or regulation promulgated by the secretary may be liable for civil
penalty of up to 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.

6. The secretary may promulgate rules and regulations governing the
provisions of this section, including the size and type of statements
that a notary public is required by this section to post.