CA Notary Notary Misconduct and Penalties 3

Question 1

Can a California notary be held personally liable for damages caused by an improper notarization?

Accepted Answer

Yes, a notary can face personal civil liability beyond the bond amount for negligent or fraudulent acts

Answer

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?

Accepted Answer

$15,000

Answer

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?

Accepted Answer

$15,000 from the bond; the notary owes the remaining $15,000 personally

Answer

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?

Accepted Answer

6 months

Answer

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?

Accepted Answer

Yes, after a waiting period and with demonstrated rehabilitation, they may reapply

Answer

A notary whose commission has been revoked may reapply after a waiting period if they can demonstrate rehabilitation, though a prior revocation will be considered in the new application.

CA Notary - California Notary Exam Practice Test

CA Notary - California Notary Exam Practice Test

CA Notary Notary Misconduct and Penalties 3