What is meant by “dual capacity” for a Notary?

Dual capacity for a Notary refers to the situation where the Notary performs two roles simultaneously, such as being both the document preparer and the Notary. This concept highlights the importance of maintaining an ethical boundary within notarial practice. When a Notary acts as both the preparer and the official witness to the signing, it raises concerns about impartiality and the potential for conflicts of interest. A Notary's primary responsibility is to act impartially and ensure the authenticity of the signing party's identity and consent, without having a vested interest in the content of the document.

While the other choices touch on various roles notaries can play, they do not accurately capture the essence of dual capacity defined in the context of notarial duties. For example, acting as a witness (notarizing a document) does not inherently imply holding another capacity that may compromise impartiality. Being a Notary while holding a public office reflects the individual's standing but does not constitute dual capacity since it does not imply the simultaneous execution of two conflicting roles regarding a specific act. Lastly, serving as a signer's legal advisor goes against the principles of notarial duties, which specifically prohibit notaries from giving legal advice. Thus, dual capacity, particularly in the context of being