The Lowdown On Liability
Notaries who don’t follow best practices run the risk of legal action if they make a serious mistake. Unfortunately some Notaries — and sometimes their employers — don’t fully understand the risks of careless behavior. Take the quiz below and see if you are up to date on the best steps to protect yourself and your boss.
1. The best way to avoid costly lawsuits is:
A) Stick to whatever state law requires — nothing else
B) Don’t worry about state laws; do what other local Notaries do
C) Follow state laws, but also use best practices above and beyond what’s required
D) Do whatever your employer instructs you to; that way it’s never your fault
2) If a Notary’s boss requests a notarization and the Notary makes a mistake that costs the signer money, who could be sued?
A) Only the Notary, because it was the Notary’s mistake
B) Only the boss, because the boss told the Notary to perform the act
C) Only the company, because it employed both the Notary and the boss
D) Any of the above could be held at least partly liable
TRUE OR FALSE
3) A Notary cannot be held liable for negligence or misconduct if it is proved the Notary didn’t fully understand state notarial laws.
4) Maintaining a well-kept journal, even if not required by state law, can help defend a Notary from potential lawsuits.
5) Notaries cannot held liable if they are tricked into misconduct by a signer presenting a document for notarization.
Click here to read the answers.
Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained Hotline counselors to help you with all of your notarial questions.
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- Oregon: Notary Law Update - Revised Administrative Rules Tuesday, March 9, 2010
- Oregon: Notary Law Update - House Bill 2085 Thursday, January 7, 2010
- North Dakota: Notary Law Update - House Bill 1072 Tuesday, January 5, 2010
- Rhode Island: Notary Law Update - Governor's Executive Order 09-08 Thursday, November 5, 2009

