A surety company pays a claim to someone harmed by a notary's improper notarization. What can the surety then do?
- Seek repayment from the notary
- Treat the matter as fully closed
- Bill the injured person for the loss
- Demand payment from the state
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A. Seek repayment from the notary
A surety bond works like a guarantee, not insurance: after paying the injured party, the surety is entitled to recover what it paid from the notary. That is why the bond does not protect the notary.
Reference: General notarial practice: surety bonds
A state revokes a notary's commission for misconduct. What kind of consequence is this?
- Criminal
- Civil
- Administrative
- Contractual
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C. Administrative
Suspension, revocation or denial of a commission is an administrative sanction imposed by the commissioning authority. Civil liability means paying damages to an injured person, and criminal liability means prosecution.
Reference: RULONA Section 23
What standard of care is a notary generally held to in performing notarial acts?
- Reasonable care
- Absolute perfection
- Good intentions
- Minimal effort
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A. Reasonable care
A notary is expected to act as a reasonably careful notary would under the circumstances. The standard is not perfection, but meaning well is no defense when required steps are skipped.
Reference: General notarial practice: standard of care