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Notary · Liability and Discipline

What can happen to a notary who performs a notarization improperly, such as notarizing without the signer present?

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Correct answer

The notary can face consequences including civil liability for damages, disciplinary action against the commission (suspension or revocation), and in serious cases criminal charges

  1. A Only a warning, always
  2. B The notary can face consequences including civil liability for damages, disciplinary action against the commission (suspension or revocation), and in serious cases criminal charges
  3. C Nothing, notaries are immune
  4. D The signer is solely responsible

Why this is the answer

A notary who performs an act improperly can face serious consequences. Civilly, the notary (and possibly their employer or surety bond) may be liable for damages caused by the misconduct, such as losses from a fraudulent document. Administratively, the commissioning authority can discipline the notary, including suspending or revoking the commission. In serious cases — for example, knowingly notarizing a forged signature or notarizing without the required personal appearance — the notary can face criminal charges. This is why following the rules exactly (personal appearance, proper identification, required oaths, accurate records) matters: shortcuts expose the notary to real legal and financial risk.
Source: NNA Liability and Discipline

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About this topic: Liability and Discipline

Liability and discipline questions cover civil liability for errors, the surety bond versus errors-and-omissions insurance, criminal penalties for misconduct, and the grounds for commission suspension or revocation. This is one of 8 Notary questions on liability and discipline, each with a full explanation on a single study page.

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