Key Takeaways
- Misconduct can result in removal from office
- Civil liability can result in personal financial loss
- Criminal prosecution may result in jail time
- The Secretary of State investigates complaints
- Forgery committed by a notary is a more serious felony
Last updated: January 2026
Consequences of Misconduct
Notary misconduct carries serious consequences. Understanding these helps you appreciate the importance of following proper procedures.
Types of Consequences
| Type | Examples |
|---|---|
| Administrative | Removal from office, denial of renewal |
| Civil | Lawsuit, damages, surety bond claims |
| Criminal | Fines, imprisonment |
Administrative Consequences
The Secretary of State may:
| Action | Trigger |
|---|---|
| Investigate complaint | Any allegation of misconduct |
| Deny commission renewal | Prior misconduct |
| Remove from office | Proven misconduct |
| Suspend commission | Pending investigation |
Grounds for Removal
A notary may be removed from office for:
- Overcharging fees
- Notarizing without proper identification
- Fraud or deceit
- Felony conviction
- Failure to maintain qualifications
- Practicing law without a license
Civil Liability
If your misconduct causes financial harm to someone, you may be sued:
| Plaintiff | Claim |
|---|---|
| Individual harmed | Negligence, fraud |
| Business harmed | Damages from fraudulent document |
| Insurance company | Subrogation claim |
Personal Liability: You are personally responsible for damages caused by your misconduct. This can include:
- Attorney fees
- Court costs
- Compensatory damages
- Punitive damages in cases of gross misconduct
Criminal Consequences
Certain notary misconduct is a crime:
| Offense | Classification | Potential Penalty |
|---|---|---|
| Forgery by notary | Class D Felony | Up to 7 years imprisonment |
| Fraudulent notarization | Various | Fines and imprisonment |
| Perjury | Felony | Prison time |
| Unauthorized practice of law | Misdemeanor | Fines, jail |
Forgery Enhancement
Under New York Penal Law, forgery committed by a notary is punished more severely than ordinary forgery. A notary who commits forgery in the exercise of their duties faces enhanced penalties.
Statute of Limitations
| Claim Type | Time Limit |
|---|---|
| Criminal | Varies by offense |
| Civil | Generally 6 years for fraud |
| Administrative | No specific limit |
Protecting Yourself
| Best Practice | Protection |
|---|---|
| Maintain detailed records | Evidence of proper procedure |
| Follow all procedures | Defense against claims |
| Refuse improper requests | Avoid misconduct |
| Get E&O insurance | Financial protection |
| Stay current on law changes | Avoid inadvertent violations |
On the Exam
Questions may cover:
- Removal grounds: Overcharging, fraud, misconduct
- Forgery penalty: Enhanced for notaries
- Personal liability: Notary is personally responsible
- Secretary of State authority: Investigate and remove
Test Your Knowledge
What is the consequence of forgery committed by a notary in New York?
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Test Your Knowledge
Who has the authority to remove a notary from office?
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D