VA Notary Notary Fees and Liability 2 — Questions and Answers
Question 1: Under Virginia law, what type of liability may a notary face for negligently performing a notarial act that causes harm to another person?
- Criminal liability only
- Civil liability for resulting damages (Correct answer)
- An administrative warning only
- No liability, as notaries are protected by official immunity
Correct answer: Civil liability for resulting damages
Virginia Code § 47.1-13 establishes that a notary who negligently performs a notarial act is civilly liable to any person harmed by that act.
Question 2: Which Virginia Code section holds notaries liable for wrongful or negligent notarial acts?
- § 47.1-2
- § 47.1-7
- § 47.1-13 (Correct answer)
- § 47.1-19
Correct answer: § 47.1-13
Virginia Code § 47.1-13 specifically addresses notary liability for damages caused by wrongful or negligent notarial acts.
Question 3: If a notary's employer directed the notary to perform an improper notarial act, who may be held liable for the resulting harm?
- Only the notary, who should have refused
- Only the employer, who gave the instruction
- Both the notary and the employer (Correct answer)
- Neither, because following employer instructions is a valid defense
Correct answer: Both the notary and the employer
Under Virginia law, both the notary who performed the wrongful act and the employer who directed it may share civil liability for damages.
Question 4: A Virginia notary who willfully violates notary law may face which of the following consequences?
- Civil fines only, with no criminal exposure
- A $500 administrative fine only
- Criminal penalties, which may include imprisonment (Correct answer)
- No penalties if the violation did not cause financial harm
Correct answer: Criminal penalties, which may include imprisonment
Willful violations of Virginia's notary statutes can constitute criminal offenses subject to fines and possible imprisonment, beyond civil liability.
Question 5: Which statement best describes a Virginia notary's liability protection?
- Notaries have absolute immunity for all official acts
- Notaries have no blanket immunity and are liable for negligent or wrongful acts (Correct answer)
- Notaries are immune if they followed the signer's express instructions
- Notaries are only liable for intentional fraud, never for negligence
Correct answer: Notaries have no blanket immunity and are liable for negligent or wrongful acts
Virginia law does not grant notaries immunity; they are fully liable for damages caused by negligent or wrongful notarial acts.
Question 6: For what reason may the Secretary of the Commonwealth revoke a Virginia notary's commission?
- Charging the maximum permitted fee
- Declining to notarize a document due to a conflict of interest
- Misconduct or material violation of the notary statutes (Correct answer)
- Performing notarial acts in a county other than where they reside
Correct answer: Misconduct or material violation of the notary statutes
The Secretary of the Commonwealth has authority to revoke a commission when a notary engages in misconduct or violates the notary laws of Virginia.
Question 7: A notary falsely certifies in a jurat that the signer personally appeared and swore an oath, when in fact no such appearance occurred. What offense may this constitute?
- A minor civil infraction with a small fine
- Fraud or false certification, a criminal offense (Correct answer)
- Unprofessional conduct requiring only continuing education
- No offense if the underlying document was legitimate
Correct answer: Fraud or false certification, a criminal offense
Falsely certifying an appearance or oath is a form of fraud and false official certification, which constitutes a criminal offense under Virginia law.
VA Notary Notary Fees and Liability 2
Under Virginia law, what type of liability may a notary face for negligently performing a notarial act that causes harm to another person?