Liability

A notary public and the sureties on the notary public’s surety bond are liable for damages sustained by a person who is injured by the notary’s official misconduct.  “Official misconduct” is defined as:

 

·         The exercise of power or the performance of a duty that is unauthorized, unlawful, abusive, negligent, reckless or injurious.

·         The charging of a fee in excess of $10.00.

 

A notary public’s employer is also liable if the notary was acting within the actual or apparent scope of his or her employment, and the employer had knowledge of and consented to or permitted the official misconduct.

 

A notary public is not liable for the truth, form or contents of a record that he or she notarizes.