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California notaries who are not members of the State Bar are prohibited from performing any duties which may be construed as the Unlawful Practice of Law (UPL). (Business and Professions Code section 6125) Among the acts which constitute the practice of law are the preparation, drafting, or selection or determination of the kind of any legal document, or giving advice relating to any legal documents or matters. If asked to perform such tasks, a California notary public should decline and refer the requester to an attorney.

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