AK Notary AK Notary Liability and Errors 1 — Questions and Answers
Question 1: What is the purpose of the surety bond required of Alaska notaries?
- To pay the notary's salary
- To compensate parties harmed by the notary's errors or misconduct (Correct answer)
- To cover the cost of the notary's seal
- To pay court filing fees
Correct answer: To compensate parties harmed by the notary's errors or misconduct
The surety bond provides financial protection to members of the public who suffer losses due to a notary's errors or misconduct.
Question 2: Can an Alaska notary be held personally liable for damages caused by their negligent notarization?
- No, the bond covers all liability
- Yes, personal liability can exceed the bond amount (Correct answer)
- No, the state indemnifies all notaries
- Only if a court order is obtained
Correct answer: Yes, personal liability can exceed the bond amount
A notary can face personal civil liability for negligent notarizations that cause harm, which may exceed their bond coverage.
Question 3: What is a common error Alaska notaries make that can invalidate a notarization?
- Using blue ink on the certificate
- Failing to require the signer to appear in person (Correct answer)
- Charging too little for the act
- Signing before the signer signs
Correct answer: Failing to require the signer to appear in person
Failing to require personal appearance is one of the most serious and common errors that renders a notarization invalid.
Question 4: What should an Alaska notary do if they discover they made an error in a completed notarization?
- Alter the document without noting the correction
- Seek legal advice and, if possible, correct it through proper procedures (Correct answer)
- Ignore it if no one complains
- Destroy the journal entry related to the act
Correct answer: Seek legal advice and, if possible, correct it through proper procedures
Discovering an error should prompt the notary to seek guidance on how to properly correct it; altering documents without proper process is fraud.
Question 5: An Alaska notary failed to administer an oath during a jurat. This error makes the notarization:
- Slightly irregular but still valid
- Defective and potentially invalid (Correct answer)
- Valid if the signer's signature is genuine
- Valid if the seal is properly affixed
Correct answer: Defective and potentially invalid
Failing to administer the oath is a fundamental defect in a jurat, making the notarization potentially invalid.
Question 6: In Alaska, can a notary be criminally charged for willfully notarizing a document with a forged signature?
- No, criminal charges only apply to attorneys
- Yes, willful participation in fraud can result in criminal charges (Correct answer)
- Only if the notary forged the signature themselves
- Only if the document involved real estate
Correct answer: Yes, willful participation in fraud can result in criminal charges
Knowingly notarizing a forged signature constitutes fraud and can expose the notary to criminal prosecution under Alaska law.
AK Notary AK Notary Liability and Errors 1
What is the purpose of the surety bond required of Alaska notaries?