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Key Takeaways

  • Notaries can face civil liability for damages caused by their negligence or misconduct
  • Criminal penalties may apply for fraudulent notarization or forgery
  • Maine does not require notary bonds, so personal assets may be at risk
  • Errors and omissions insurance is optional but recommended
  • Employers may be liable for notary misconduct during employment
Last updated: January 2026

Liability and Penalties

Understanding the potential consequences of notary misconduct helps emphasize the importance of performing duties properly.

Types of Liability

Liability TypeDescription
CivilLawsuits for damages caused by misconduct
CriminalProsecution for fraudulent or illegal acts
AdministrativeDiscipline by Secretary of State

Civil Liability

Notaries may be sued for damages resulting from:

Cause of ActionExample
NegligenceFailing to properly identify signer
Breach of dutyNot following proper procedures
FraudKnowingly notarizing false document
Tortious conductCausing harm through wrongful act

Potential Damages

If found liable, a notary may be required to pay:

  • Actual damages suffered by injured party
  • Attorney's fees and court costs
  • In some cases, punitive damages

No Bond Protection

Important: Unlike many states, Maine does not require notaries to maintain a surety bond. This means:

  • No bond company to pay claims
  • Notary's personal assets may be at risk
  • Lawsuits go directly against the notary

Criminal Liability

Certain notary misconduct constitutes criminal conduct:

Criminal ActPotential Charge
Knowingly notarizing false documentFraud, forgery
Falsifying notarial certificateOfficial misconduct
Forgery of notary sealForgery
Identity theft facilitationCriminal conspiracy

Potential Criminal Penalties

Offense TypePossible Consequences
MisdemeanorFines, probation
FelonyImprisonment, substantial fines

Employer Liability

When a notary is employed by an organization:

SituationLiability
Notary acts within scope of employmentEmployer may be liable
Notary acts outside scopeNotary personally liable
Employer requires improper conductBoth may be liable

Protection Options

Errors and Omissions Insurance

While not required, E&O insurance is available and recommended:

FeatureBenefit
CoveragePays claims arising from notary errors
Defense costsCovers legal fees
Peace of mindFinancial protection
ProfessionalShows commitment to quality

Who Offers E&O Insurance?

  • National notary organizations
  • Insurance companies
  • Professional associations
  • Some employer policies

Cost Considerations

FactorImpact on Premium
Coverage amountHigher coverage = higher premium
DeductibleHigher deductible = lower premium
Claims historyPrior claims increase premium
Volume of notarizationsMore acts = potentially higher premium

Best Practices to Minimize Liability

PracticeProtection
Follow all procedures exactlyReduces negligence claims
Maintain detailed recordsEvidence of proper conduct
Obtain E&O insuranceFinancial protection
Refuse questionable requestsAvoids liability situations
Stay educatedKnow current requirements
Document refusalsShows reasonable conduct

What to Do If Sued

StepAction
1Contact your E&O insurance company immediately
2Do not admit fault or discuss the case
3Gather all records related to the notarization
4Consult with an attorney
5Notify the Secretary of State if required

On the Exam

Key points:

  • No bond required in Maine (personal assets at risk)
  • Civil liability for negligence and misconduct
  • Criminal liability for fraud and forgery
  • E&O insurance optional but recommended
  • Employer liability may apply for employee notaries
Test Your Knowledge

Does Maine require notaries to maintain a surety bond?

A
B
C
D
Test Your Knowledge

What type of insurance can protect a notary from claims arising from notarial errors?

A
B
C
D
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