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Liabilities & Penalties Flashcards

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  1. A Pennsylvania notary's employer, who paid for the notary's bond and supplies, terminates the notary's employment. The employer demands the notary surrender their journal and official stamp, claiming they are company property. If the notary complies, what specific violation has occurred?

    Answer: Failure to maintain the journal as the notary's exclusive property.

    Under Pennsylvania law (57 Pa.C.S. § 319), the notary journal is the exclusive property of the notary public, regardless of who paid for it. It cannot be surrendered to an employer upon termination. The official stamp is also the exclusive property of the notary.

  2. A notary public is sued civilly for damages resulting from a negligent notarization. The court finds the notary liable. Which of the following is a potential consequence for the notary BEYOND the civil judgment?

    Answer: Disciplinary action by the Department of State, including commission suspension.

    A finding of liability in a civil case for misconduct can be grounds for the Department of State to initiate its own disciplinary proceedings. This can result in sanctions such as suspension, revocation, or required education, separate from the civil penalties. While criminal charges are possible for some actions, a civil judgment does not automatically equate to a felony conviction. Sanctions are determined by the Department and are not automatically a lifetime revocation.

  3. If a non-attorney notary advertises their services in a Spanish-language newspaper using the term "notario publico" and fails to include the required disclaimer, what is the MAXIMUM administrative penalty the Department of State can impose for this specific violation?

    Answer: $1,000

    Under 57 Pa.C.S. § 323(a.1), the Department of State may impose an administrative penalty of up to $1,000 for each act or omission that violates the notary law. Using the prohibited term "notario publico" without the proper disclaimer is a violation of the prohibited acts section (57 Pa.C.S. § 325) and is subject to this penalty.

  4. A notary realizes their electronic journal file from last year has been corrupted and is unreadable due to a hard drive failure. According to Pennsylvania law, what liability does the notary face for this situation, assuming it was accidental?

    Answer: Potential disciplinary action from the Department of State for failing to secure and maintain the journal.

    Notaries are responsible for the custody and control of their journal. Failing to properly back up and secure an electronic journal, leading to its loss, could be seen by the Department of State as a failure to discharge the duties required of a notary. This could lead to sanctions under 57 Pa.C.S. § 323, such as a reprimand, required education, or even a fine, as it demonstrates a lack of competence or reliability.

  5. Which of the following scenarios constitutes the crime of "impersonating a notary public" in Pennsylvania?

    Answer: An administrative assistant using their boss's (a valid notary) official stamp with permission.

    Pennsylvania law explicitly states that the use of a notary public's official stamp by a person who is not the notary named on the stamp constitutes impersonating a notary public and is subject to criminal penalties under 18 Pa.C.S. § 4913. The stamp is the exclusive property of the notary and its use cannot be delegated.

  6. A notary knowingly and willfully makes a false certification on a document, which leads to a financial loss for a third party who relied on it. If the notary's $10,000 bond is paid out to the injured party, what is the notary's remaining liability?

    Answer: The notary must reimburse the surety company for the full $10,000 and can be sued for any additional damages.

    The surety bond protects the public, not the notary. If the surety company pays a claim, it has the right to seek full reimbursement from the notary. Furthermore, the bond may not cover the full extent of the damages, and the notary can be held personally liable in a civil lawsuit for any damages exceeding the bond amount. This is in addition to any administrative or criminal penalties.