New York State Notary Practice Exam

Is a notary public liable for damages caused by their actions?

1. Yes, they are liable

2. No, they are not liable

3. Only if the notarization was done incorrectly

4. They are liable only to the state

The correct answer is: Yes, they are liable

A notary public is indeed liable for damages caused by their actions, which underscores the importance of performing their duties with due diligence and care. Notaries are trusted to ensure that documents are executed properly and that the signers are who they say they are, as well as that they are acting willingly and under no coercion. If a notary fails in these duties, particularly through negligence or misconduct, they can be held liable for any resulting damages. This aspect of notarial responsibility is critical because it safeguards the integrity of legal documents and helps maintain public confidence in the notarization process. While there are nuances depending on the specifics of the situation—such as incorrect notarizations leading to legal disputes or other consequences—the overarching principle is that notaries can face repercussions for their actions. This liability can manifest not only in civil courts but can also involve disciplinary actions by state licensing authorities.