D&L-Civil and Criminal Liability

Question 1

What is the liability of a notary who willfully and knowingly breaches their official duty?

Answer 1

Liable to one injured as a result

A notary may also be liable for negligent performance of duty resulting in injury.

Question 2

What criminal liability may a notary face for a breach of notarial duties?

Answer 2

Subject to criminal liability

Examples include extortion, forgery, perjury, and subornation.

Question 3

Define extortion in the context of notarial duties.

Answer 3

Wresting anything of value from another by duress, force, or undue exercise of power

Question 4

What constitutes forgery?

Answer 4

Fraudulent making or altering of a writing with intent to deceive another

Question 5

What is perjury?

Answer 5

Making a false statement under oath in an official proceeding

Question 6

Define subornation.

Answer 6

Willful and corrupt procuring of another to commit perjury

Question 7

What is the offense of failure to verify identity and signature for a notary?

Answer 7

Notarizing a document without verifying the identity of the signer

Question 8

What does ‘proof of the signer’s signature and identity’ mean?

Answer 8

Evidence by production of a current identification card or document with photograph and signature

Question 9

What must a notary include in the certification statement to avoid the offense of failure to authenticate?

Answer 9

Must include:
* Date of notarization and signature of the notary public
* Printed name and stamp or seal of the notary public
* Identification of the jurisdiction of the notarial act

Question 10

What constitutes misrepresenting a notarized document in the first degree?

Answer 10

Submitting a document altered after notarization with intent to mislead a public servant or for financial gain

Question 11

What is misrepresenting a notarized document in the second degree?

Answer 11

Submitting an altered document after notarization with intent to mislead another