Which of the following is a liability or penalty that a notary public might face for failing to faithfully execute the duties of the office or violating the Notary Public Act?

Willfully failing to discharge faithfully any of the duties required of a Notary is punishable by up to a $1,500 civil penalty (Government Code 8214.1[d] and 8214.15[a]).

Can notaries be held liable?

Yes. A notary public is liable for all damages caused by his or her errors, omissions, improper notarizations, or negligence in the performance of a notarial act even if such actions were made inadvertently.

Can a non lawyer notarize documents?

Not all lawyers are notaries public but all notaries public must be lawyers. The 2004 Rules on Notarial Practice promulgated by the Supreme Court (A.M. No. 02-8-13-SC) . Under the new rules only lawyers in good standing may be commissioned as notaries for a two-year period.

What happens if you don’t notarize a document?

The same would apply to signers who are opposed to signing a journal in a state where a journal signature is not required. Refusing a notarization may result in a confrontation with an upset signer, who may feel inconvenienced, or, in the worst case scenario, accuse you of unlawful discrimination.

Why are notaries sued?

Notaries work to prevent fraud and keep their neighbors and communities safe. Notarizing documents when someone isn’t present “just this once” or “as a favor” is the top reason why notaries get sued. Tell all clients: Every signer needs to be there in person, period.

Is a notary public a lawyer?

Notaries public are qualified lawyers appointed by the Board of Commissioners for Oaths and Notaries Public to notarise documents, i.e. to certify that these documents are authentic or have been validly executed (depending on the situation).

Can all lawyers do notary?

02-8-13-SC), only persons who are granted a commission or an authority to perform notarial acts may notarize documents. Thus, even if a private lawyer is granted a notarial commission, but he exercises it outside of the jurisdiction of the commissioning court, he conclusively acts without authority.

Why can notaries be sued?

Notaries work to prevent fraud and keep their neighbors and communities safe. But there are risks to being a notary, which can lead to lawsuits if corners are cut or details are overlooked. Notarizing documents when someone isn’t present “just this once” or “as a favor” is the top reason why notaries get sued.