MN Notary Notary Fees and Liability 2

Question 1

What type of insurance can a Minnesota notary purchase to protect against claims arising from notarial errors?

Accepted Answer

Errors and omissions (E&O) insurance

Answer

Errors and omissions insurance provides notaries with coverage against claims arising from honest mistakes or negligent acts in performing notarial duties.

Question 2

Under Minnesota law, is a notary liable for refusing to perform a notarial act?

Accepted Answer

Generally no, provided the refusal is based on a lawful reason such as inability to verify identity

Answer

A notary who refuses a notarial act for a legitimate, lawful reason — such as inability to verify identity or concerns about signer competency — is generally protected from liability for that refusal.

Question 3

A Minnesota notary notarizes a forged signature without knowledge of the forgery. Are they liable?

Accepted Answer

Generally not, if the notary followed all required verification procedures in good faith

Answer

A notary who acts in good faith and follows proper identity verification procedures is generally shielded from liability for fraud perpetrated by the signer.

Question 4

Which party is primarily responsible for the content accuracy of a notarized document in Minnesota?

Accepted Answer

The signer, not the notary

Answer

A notary certifies only the notarial act (identity, signature, oath), not the truthfulness or accuracy of the document's content — that responsibility belongs to the signer.

Question 5

What must a Minnesota notary do if they discover they made an error in a previously completed notarization?

Accepted Answer

Contact the parties involved and, if possible, correct the certificate with a new notarization

Answer

When a notarial error is discovered, the notary should notify the affected parties and work with them to complete a corrected notarization if the situation allows.

MN Notary - Minnesota Notary Exam Practice Test

MN Notary - Minnesota Notary Exam Practice Test

MN Notary Notary Fees and Liability 2