Key Takeaways
- A notary is personally liable for all damages caused by their official misconduct
- Liability is not limited to intentional acts - negligence counts too
- There is no statutory cap on damages in Connecticut
- E&O insurance and bonds can provide financial protection
- Proper procedures and documentation reduce liability risk
Last updated: January 2026
Liability and Damages
Personal Liability Rule
Under CGS Section 3-94i:
"A notary public shall be liable to any person for all damages proximately caused to that person by the notary's official misconduct."
Scope of Liability
| Aspect | Detail |
|---|---|
| Who can sue | Any person damaged by your misconduct |
| Type of damages | All damages proximately caused |
| Standard | Official misconduct (not just intentional) |
| Limit | No statutory cap on damages |
Types of Potential Damages
| Damage Type | Example |
|---|---|
| Direct financial loss | Invalid transaction costs |
| Consequential damages | Lost business opportunities |
| Legal costs | Attorney fees incurred |
| Correction costs | Re-doing transactions properly |
| Fraud-related losses | If notary enabled fraud |
Risk Management
Since Connecticut does not require bonds or insurance, protecting yourself is your responsibility:
Obtain E&O Insurance (Recommended)
| Coverage Type | Protection |
|---|---|
| Errors | Protects against honest mistakes |
| Omissions | Covers failure to act properly |
| Legal defense | Pays attorney fees |
| Settlements | Covers negotiated payments |
| Judgments | Pays court-ordered damages |
Follow Proper Procedures
| Practice | Protection |
|---|---|
| Always verify identity | Reduces fraud risk |
| Require personal appearance | Ensures compliance |
| Complete certificates properly | Prevents challenges |
| Maintain a journal | Provides evidence |
| Refuse suspicious requests | Avoids complicity |
Document Everything
| Documentation | Purpose |
|---|---|
| Journal entries | Record of each notarization |
| ID information | Proof of verification |
| Signature samples | Comparison evidence |
| Declined requests | Shows proper judgment |
When You Make a Mistake
If you realize you made an error:
| Action | Reason |
|---|---|
| Do NOT try to fix by altering | Makes it worse |
| Contact affected parties | May be able to correct properly |
| Consult an attorney | Get professional guidance |
| Notify your insurance | If you have E&O coverage |
| Document what happened | Preserve the facts |
Test Your Knowledge
Is there a maximum limit on damages a Connecticut notary can be held liable for?
A
B
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D
Test Your Knowledge
What is the best way for a Connecticut notary to protect against personal liability?
A
B
C
D