CA Notary Notary Misconduct and Penalties 3 — Questions and Answers
Question 1: Can a California notary be held personally liable for damages caused by an improper notarization?
- No, the notary's bond covers all liability
- Yes, a notary can face personal civil liability beyond the bond amount for negligent or fraudulent acts (Correct answer)
- Only if they acted fraudulently, not negligently
- Only up to the value of the notary's bond ($15,000)
Correct answer: Yes, a notary can face personal civil liability beyond the bond amount for negligent or fraudulent acts
A California notary's surety bond provides limited protection for the public, but the notary may be personally liable for damages that exceed the bond amount for negligent or willful misconduct.
Question 2: What is the required surety bond amount for a California notary public?
- $5,000
- $10,000
- $15,000 (Correct answer)
- $25,000
Correct answer: $15,000
California Government Code requires every notary public to file a $15,000 surety bond with the county clerk before beginning to perform notarial acts.
Question 3: A California notary loses a civil lawsuit for damages caused by a negligent notarization. The damages are $30,000. How much must the notary pay personally?
- Nothing; the bond covers all damages
- $15,000 from the bond and nothing more
- $15,000 from the bond; the notary owes the remaining $15,000 personally (Correct answer)
- The full $30,000 personally since they were negligent
Correct answer: $15,000 from the bond; the notary owes the remaining $15,000 personally
The surety bond pays up to $15,000 to the injured party; the notary is personally responsible for any damages that exceed the bond amount.
Question 4: Under California Penal Code, what is the maximum jail sentence for a notary convicted of willful, unauthorized disclosure of confidential information from their journal?
- 30 days
- 6 months (Correct answer)
- 1 year
- 3 years
Correct answer: 6 months
California Penal Code provides for up to 6 months in county jail for a notary convicted of willfully disclosing confidential journal information without authorization.
Question 5: A notary is disciplined by the Secretary of State for misconduct. Can they reapply for a new commission?
- No, revocation is permanent
- Yes, after a waiting period and with demonstrated rehabilitation, they may reapply (Correct answer)
- Only if the misconduct did not involve fraud
- Yes, immediately after the revocation period ends
Correct answer: Yes, after a waiting period and with demonstrated rehabilitation, they may reapply
A notary whose commission has been revoked may reapply after a waiting period if they can demonstrate rehabilitation, though a prior revocation will be considered in the new application.
Question 6: What California law specifically prohibits notaries from advertising using the word 'notario' or implying they are immigration attorneys?
- Government Code Section 8219.5 (Correct answer)
- Penal Code Section 470
- Business and Professions Code Section 22440
- Civil Code Section 1189
Correct answer: Government Code Section 8219.5
California Government Code Section 8219.5 prohibits notaries from using the term 'notario público' or advertising in ways that imply they can provide immigration legal services.
CA Notary Notary Misconduct and Penalties 3
Can a California notary be held personally liable for damages caused by an improper notarization?