Key Takeaways

  • Commission revocation is a common penalty for notary misconduct
  • Criminal charges may result from serious violations
  • Notaries can face civil liability for damages caused
  • Negligent notarization can result in lawsuits
  • Errors and omissions insurance is recommended for protection
Last updated: January 2026

Penalties and Liability

Notary misconduct can result in serious consequences. Understanding potential penalties helps ensure you perform your duties properly.

Types of Consequences

Notary misconduct can result in:

TypeDescription
AdministrativeActions by state agencies
CriminalProsecution for crimes
CivilLawsuits for damages

Administrative Penalties

Commission Actions

The State Treasurer may take various actions:

ActionWhen Applied
WarningMinor first-time violations
SuspensionModerate violations
RevocationSerious violations
Denial of renewalPattern of misconduct

Grounds for Revocation

ViolationSeverity
Notarizing without personal appearanceHigh
Conflict of interest notarizationHigh
Criminal conviction (dishonesty)High
Unauthorized practice of lawModerate to High
Overcharging feesModerate
Failure to maintain journalModerate

Criminal Liability

Some notary misconduct constitutes a crime:

Criminal ActPotential Charge
Falsifying a certificateForgery, fraud
Notarizing knowing signature is forgedConspiracy to commit fraud
False statements in applicationFraud, perjury
Impersonating a notaryCriminal impersonation

Criminal Penalties May Include

  • Fines
  • Imprisonment
  • Restitution
  • Criminal record

Civil Liability

Notaries can be sued for damages caused by their negligence or misconduct:

Basis for LawsuitExample
NegligenceFailed to verify ID, forgery occurred
Breach of dutyDidn't perform proper procedures
FraudKnowingly participated in scheme
UPLGave legal advice that caused harm

Damages That May Be Awarded

Type of DamagesDescription
Actual damagesDirect financial loss
Consequential damagesIndirect losses
Punitive damagesPunishment for egregious conduct
Attorney's feesOpponent's legal costs

Protection Through Insurance

Errors and Omissions (E&O) Insurance

FeatureDetails
PurposeProtect against claims of negligence
CoverageLegal defense and settlements
Required?Not required but recommended
CostVaries by coverage amount

Why E&O Insurance Is Important

Even careful notaries can make mistakes. E&O insurance:

  • Pays for legal defense
  • Covers settlements or judgments
  • Protects personal assets
  • Provides peace of mind

Best Practices to Avoid Liability

PracticeProtection Provided
Follow all proceduresDemonstrates due diligence
Keep detailed journalEvidence of proper process
Verify identity carefullyPrevents fraud claims
Refuse questionable requestsAvoids participation in schemes
Get E&O insuranceFinancial protection
Stay current on lawsEnsures compliance

On the Exam

Expect 2-3 questions on penalties:

  • Administrative: Commission suspension or revocation
  • Criminal: Possible for fraud, forgery
  • Civil: Can be sued for damages
  • Protection: E&O insurance recommended
Likelihood of Commission Revocation by Violation Type (%)
Test Your Knowledge

What is the most common administrative penalty for serious notary misconduct?

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Test Your Knowledge

Is errors and omissions (E&O) insurance required for New Jersey notaries?

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Test Your Knowledge

A person is harmed because a notary failed to properly verify identity and a forged document was notarized. What type of liability does the notary face?

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