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

AspectDetail
Who can sueAny person damaged by your misconduct
Type of damagesAll damages proximately caused
StandardOfficial misconduct (not just intentional)
LimitNo statutory cap on damages

Types of Potential Damages

Damage TypeExample
Direct financial lossInvalid transaction costs
Consequential damagesLost business opportunities
Legal costsAttorney fees incurred
Correction costsRe-doing transactions properly
Fraud-related lossesIf notary enabled fraud

Risk Management

Since Connecticut does not require bonds or insurance, protecting yourself is your responsibility:

Obtain E&O Insurance (Recommended)

Coverage TypeProtection
ErrorsProtects against honest mistakes
OmissionsCovers failure to act properly
Legal defensePays attorney fees
SettlementsCovers negotiated payments
JudgmentsPays court-ordered damages

Follow Proper Procedures

PracticeProtection
Always verify identityReduces fraud risk
Require personal appearanceEnsures compliance
Complete certificates properlyPrevents challenges
Maintain a journalProvides evidence
Refuse suspicious requestsAvoids complicity

Document Everything

DocumentationPurpose
Journal entriesRecord of each notarization
ID informationProof of verification
Signature samplesComparison evidence
Declined requestsShows proper judgment

When You Make a Mistake

If you realize you made an error:

ActionReason
Do NOT try to fix by alteringMakes it worse
Contact affected partiesMay be able to correct properly
Consult an attorneyGet professional guidance
Notify your insuranceIf you have E&O coverage
Document what happenedPreserve the facts
Test Your Knowledge

Is there a maximum limit on damages a Connecticut notary can be held liable for?

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D
Test Your Knowledge

What is the best way for a Connecticut notary to protect against personal liability?

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D