Key Takeaways
- Official misconduct is performing any prohibited act or failing to perform any required act
- Consequences include commission revocation, suspension, or denial of renewal
- The notary may be personally liable for damages caused by misconduct
- The employer may also be liable if they knew of or permitted the misconduct
- The $5,000 surety bond may be used to pay claims for misconduct
Official Misconduct and Consequences
Official misconduct carries serious consequences for notaries, including commission revocation, personal liability, and potential criminal prosecution.
Definition of Official Misconduct
Under Utah Code, "official misconduct" means a notary's:
- Performance of any act prohibited by law
- Failure to perform any act mandated by law
- Any violation in connection with a notarial act
Types of Official Misconduct
| Category | Examples |
|---|---|
| Improper notarization | Notarizing without personal appearance, improper identification |
| Self-dealing | Notarizing when having financial interest |
| Self-notarization | Notarizing own signature |
| Unauthorized acts | Performing acts not authorized by statute |
| Expired commission | Acting after commission expires |
| Fee violations | Overcharging beyond statutory limits |
| Record violations | Failing to maintain required records (RON) |
| Seal violations | Using seal improperly or after expiration |
| Unauthorized practice | Giving legal advice (if not an attorney) |
Administrative Consequences
Commission Actions
The Lieutenant Governor may take the following actions:
| Action | Effect |
|---|---|
| Revocation | Permanent loss of commission |
| Suspension | Temporary loss of commission |
| Denial of renewal | Cannot renew at expiration |
| Conditions | Required training or monitoring |
Factors Considered
When determining consequences, factors include:
- Severity of the misconduct
- Pattern of violations
- Harm caused to the public
- Intent (negligent vs. willful)
- Prior disciplinary history
- Cooperation with investigation
Civil Liability
Personal Liability
A notary may be held personally liable for damages caused by:
- Negligent performance of notarial acts
- Willful misconduct
- Fraud or forgery facilitation
- Failure to properly identify signers
Employer Liability
An employer may also be liable for damages if:
- The notary was acting within the course and scope of employment
- The employer had knowledge of, consented to, or permitted the misconduct
Note: This means businesses should train their notary employees properly and monitor for compliance.
Bond Claims
Purpose of the Bond
The $5,000 surety bond exists to:
- Reimburse persons harmed by notary misconduct
- Provide a financial remedy for victims
- Create accountability for notaries
How Bond Claims Work
- Victim files claim with bonding company
- Bonding company investigates the claim
- If valid, bonding company pays victim (up to $5,000)
- Bonding company seeks reimbursement from the notary
Important: The bond is NOT insurance for the notary. The notary must repay any claims the bonding company pays out.
Criminal Consequences
Serious misconduct may result in criminal prosecution:
| Offense | Potential Charges |
|---|---|
| Fraud | Felony charges |
| Forgery | Felony charges |
| Perjury | Criminal penalties |
| Identity theft | Felony charges |
| Unauthorized practice of law | Criminal prosecution |
Remote Notary Specific Consequences
For Remote Online Notaries, additional consequences may include:
- Suspension or revocation of RON certification
- Loss of ability to perform remote notarizations
- Removal from approved vendor platforms
Any suspension or revocation of the traditional commission automatically affects the RON certification.
Reporting Misconduct
If you become aware of notary misconduct (your own or another notary's):
- Report to the Lieutenant Governor's Office
- Maintain documentation
- Cooperate with any investigation
On the Exam
- Definition: Any prohibited act or failure to perform required act
- Bond claims: Bonding company pays victim, then seeks reimbursement from notary
- Employer liability: May be liable if they knew of or permitted misconduct
- Commission consequences: Revocation, suspension, denial of renewal
If a bonding company pays a claim against a notary for misconduct, what happens next?
Under what circumstances may an employer be held liable for a notary employee's misconduct?
What is the definition of "official misconduct" under Utah law?