Florida Notary Practice Exam

Even if a notary is bonded, what can they still be held liable for?

1. Negligence in notarization

2. Failure to collect fees

3. Not maintaining a journal

4. Improper handling of documents

The correct answer is: Negligence in notarization

A notary public is held to a high standard of care when performing their duties, and even if they are bonded, they can still be liable for negligence in notarization. This liability arises when a notary fails to follow the proper procedures or standards required for notarization, resulting in harm or damage. For instance, if a notary does not verify the identity of a signer or has a lapse in ensuring the signer is doing so willingly, this can be considered negligent behavior. A bond primarily serves as a form of insurance that protects the public against losses caused by a notary’s misconduct. However, it does not shield the notary from being sued for negligence if their actions lead to wrongful notarizations or loss. Therefore, it's crucial for notaries to perform their responsibilities carefully and adhere strictly to the laws governing notarization to minimize the risk of liability. Regarding the other options, while notaries should ideally collect fees and maintain a journal, these are not typically grounds for liability unless they involve negligence or breach of duty. Improper handling of documents could lead to other issues, but the specific legal responsibility for negligence in notarization directly connects to a notary’s role and adherence to practices and procedures rather than general operational failings.