Liability, Remedies, and Enforcement
Civil exposure
A notary can be sued for damages caused by a careless notarial act, and the $25,000 bond is available to injured persons. The bond is not the notary's liability insurance; it is a public guarantee. Employers may also face liability for acts within employment. Errors and omissions insurance is optional and separate.
Enforcement
The Secretary of State may investigate complaints and deny, suspend, revoke, or condition a commission. Certain violations are crimes, such as impersonating a notary or making a false certificate, and can carry criminal penalties. A defective certificate can also cause a recorder or court to reject the document, which is a practical remedy even without discipline.
Worked example
A notary notarizes a deed for a signer who was not present, relying on a cousin's assurance. The true owner loses property. The owner may sue the notary, file a bond claim, and complain to the Secretary of State; criminal exposure depends on intent. "I was trying to help" is not a defense to negligence.
Traps
- Thinking the bond protects the notary personally.
- Assuming a commission is a license to give legal advice.
- Believing a technical defect is harmless because "everyone knows" the signer.
- Ignoring a subpoena or a Secretary of State inquiry.