Do a notary and his or her employer have unlimited liability for negligence by the notary?
Asked by: Deshaun Murphy DDS | Last update: June 8, 2025Score: 4.8/5 (17 votes)
The answer is usually yes. Many state's laws do not provide any limit to the liability of a notary, and when a notary is acting in the course of his or her employment, that liability often extends to the notary's employer.
Can a notary notarize for their employer?
You may have initially become a notary to complete work-related tasks at the request of your employer. Even if you provide notary services solely for your employer, you are obliged to follow state laws and regulations, as well as professional standards of practice that would be expected of independent notaries.
What happens if a notary makes a mistake?
What happens if a notary makes a mistake? The National Notary Association suggests that even the smallest mistake could have dire consequences. The notarized document could get rejected. A mistake that results in a rejection can result in late fees and penalties on the part of the client.
Is a government agency liable for notarial acts performed by the employee notary outside his or her normal employment responsibilities?
False. A government agency is not typically liable for notarial acts performed by an employee-notary outside his or her normal employment responsibilities.
How powerful is a notarized document?
Key Takeaways. When notarization occurs, a notary public certifies the authenticity of any signature appended to a document. A notarized document carries legal weight because a notary acts as a neutral third-party witness.
Navigating Notary Liability
Does a notarized letter hold up in court?
No, notarization itself does not make a document legally binding. While it verifies the identities and consent of the signers, the enforceability of a document depends on its content and compliance with the applicable laws, among other factors. Notarization primarily enhances credibility and deters fraud.
What voids a notarized document?
Missing or Incorrect Notary Seal
If this seal is missing or incorrect, the document becomes invalid. For example, the seal must include the notary's name, commission number, and expiration date. States like California and Texas have specific requirements for the placement and design of the seal.
What may a negligent notary public be personally liable for?
A notary public who fails to execute proper notarial procedures may be subject to civil liability for any damages caused by the notary's official misconduct. If the notary's misconduct enables a crime to occur, the notary may be subject to criminal liability.
Does a notary public receives their commission from the employer who pays notarial expenses and remains a notary public only as the employer directs?
Your commission, seal and journal are your property — even if the employer paid for them. That means you must keep your seal and journal under your control at all times and not surrender them to anyone, including an employer.
Can your employer keep your notary stamp?
Your seal and journal belong to you and may only be used by you; they cannot be borrowed or used by a boss or coworkers. If you're out sick, for example, your boss cannot have another employee use your seal to start stamping documents.
Which of the following offenses cancels a notary application?
The examples include but are not limited to: assault, arson, auto theft, burglary, possession or sale of illegal drugs, embezzlement, forgery, fraud, failure to pay child support or failure to comply with a court order.
What is the risk of being a notary?
Notaries deal with lots of different paperwork and people, so it's important to always follow the steps of notarization and record important details of each in a journal. Mistakes could result in a lawsuit, and the more intensive a signing is, the greater the chances of making a mistake.
Can a notary change their signature?
No. A notary public may not simply “X” out his or her notary signature and seal on a notarial certificate that contains mistakes. Changes to a notarial certificate must be made only at the time of the execution of the notarization when the principal signer is present.
Does a notary make a contract legal?
In the past, it was legally necessary to have several types of contracts notarized. Today, the law usually requires that only some types of documents must be notarized in order to be legal and valid, such as real estate deeds.
What is a notarized letter from employer?
A notarized letter or document is certified by a notary public, a licensed public officer who serves as an impartial witness to the signing of documents and establishes the authenticity of the signatures. A notary's signature and seal are required to authenticate the signature on your letter or legal document.
Can a notary notarize a document with their name on it?
If a notary were to notarize his or her own document, all the required steps to take a signer's acknowledgment would be skipped and it would defeat the purpose of having a notary. More importantly, there would be a direct, real conflict of interest and the entire process could be compromised.
What are the liabilities of a notary?
A notary public is always liable for all actions, whether intentional or unintentional. This liability is unlimited to financial losses and damages.
Can my employer force me to become a notary?
Can an employer require you to be a notary in order to keep your job? An employer has a right to require its employees to become notaries public as part of their duties of their employment in order to meet the needs of the business. However, an employer cannot govern the duties of the office of notary public.
How do notary signing agents get paid?
Notary Signing Agents are paid after the assignment has been completed. The payment terms usually are stated in the agreement you signed with the contracting company. Each company you work for will have their own rules. You should follow any procedures and duties for receiving payment that are outlined in the contract.
What is the most common mistake made by a notary?
One of the most common mistakes that notaries make is not printing or signing their name exactly as it appears on their notary commission.
What is a notary prohibited from?
Notaries cannot authenticate or validate objects. Notaries cannot give advice or opinions that should be given by an attorney—this is unlicensed practice of law.
What will happen if a notary public fails to take an oath?
What will happen if a notary public fails to take an oath / affirmation before the county clerk within the specified timeframe? A ) The State Treasurer will cancel and revoke the appointment and any appointment so canceled and revoked will be null, void, and of no effect.
Does a notarized paper stand up in court?
Though they enhance a document's validity, notarization alone doesn't ensure admissibility in court. Courts consider the document's relevance, authenticity, and compliance with specific legal standards during proceedings.
What is one thing you should never do when it comes to documents?
When it comes to handling documents, one thing you should never do is mark the document with a pen or highlighter. This is because using a pen or highlighter can make the document look unprofessional, messy, and it can also damage the document itself, making it difficult to read or scan accurately.
Can you break a notarized agreement?
There is a huge misconceptions that if individuals go and get a document notarized everything is good, but that is not the case because the notarized document is not a court order, it is an agreement between the parties, but ultimately it cannot be enforced because it is not signed off by a judge.