Fees, Liability, Misconduct, and Disciplinary/Enforcement Provisions
This domain tests fees, civil liability, and disciplinary exposure.
Fees and liability
Kentucky law sets a statutory maximum fee for notarial acts; the cap applies per act, not per document or per signature. A notary may not charge for legal advice or pad the fee with unauthorized “processing” charges. The notary is liable for negligently performed acts, such as notarizing without appearance or using false certificate wording. A required surety bond protects the public; it is not the notary's malpractice insurance. Errors-and-omissions coverage is separate.
Discipline
The Secretary of State may deny, suspend, revoke, or condition a commission for fraud, deception, false certificates, failure to comply with notarial law, or criminal conduct. Courts may also impose civil liability, and forgery or false statements can trigger criminal penalties. Notaries are not generally liable for the truth of the underlying document, but they are liable for the proper performance of the notarial act.
Worked example
A notary completes a jurat for a signer who never appeared, then mails the document back. The certificate is false. The signer may suffer damages, the notary faces discipline for misconduct, and the bond may respond to the injured party. The notary's own defense costs are not covered by the bond.
Traps
- Treating the bond as personal insurance.
- Charging a per-document fee above the per-act cap.
- Assuming a notary “certifies” the truth of the document.
- Ignoring a suspension and continuing to use the seal.