Fourteen Acts After the Commission Lapsed
Robert's four-year commission expired September 30, 2024. He mailed a renewal application in August, but the Secretary of State returned it because his $10,000 bond had lapsed and the surety had not filed a continuation. Robert never opened the letter. From October 1 to November 15 he notarized 14 documents at his insurance office, using his old seal and writing the September 30, 2024 expiration date on each certificate. One was a durable power of attorney; it was later used to move an elderly woman's savings to a man she had recently met. The woman's family has demanded that Robert's bond pay for the loss. Robert says the bond covers him and that the documents should still be valid because he was trying to renew.
1. What is the validity of the notarial acts performed after September 30, 2024?
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A commission is a grant of authority for a fixed term. Once it expires, the person is a private individual with no notarial power, no matter that a renewal was mailed. The 14 acts performed between October 1 and November 15 were therefore performed without a commission and are not valid notarizations. That matters most for the durable power of attorney: banks and other institutions may refuse it, and any transfer made under it can be challenged. Each certificate also affirmatively stated a commission expiration date that had already passed, so the documents are false on their face. 'Trying to renew' is not authority, and the returned application was notice that something was wrong.
2. Does the $10,000 bond cover Robert here?
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The bond is not liability insurance and it does not confer retroactive authority. A notary bond is a surety obligation running to the state and to injured persons, conditioned on the notary faithfully performing the duties of the office. A claimant can pursue the surety, but the surety then has a right of indemnity against Robert, so the bond generally does not absorb his loss. More importantly, acts performed after the commission expired fall outside the office altogether and are his personal exposure. If the bond had actually lapsed, there may be no surety coverage for the period at all. He should notify the surety in writing, but he should not tell the family that the bond will pay.
3. What should Robert do now, and what consequences should he expect?
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He should stop notarizing immediately and not touch the seal to another document. He should identify every document notarized after September 30, notify the parties and the recording office wherever a document was recorded, and arrange for each to be re-executed or re-acknowledged before a currently commissioned notary. He must not backdate or re-stamp the old certificates. He should respond to the Secretary of State, apply properly with a valid $10,000 bond, and keep copies of everything. Consequences can include denial of a new commission, suspension or civil penalties, personal liability to the woman's estate or family, and possible criminal exposure for acts done without authority. He should also consider consulting counsel before speaking further with the family.