Posted by James Dawson on 2/22/11 11:48am
Msg #373665

Notary negligence and misconduct

California notary Handbook- California Bond

In order to provide some protection to the public, California law requires every notary public
to file an official bond in the amount of $15,000. The notary public bond is not an insurance
policy for the notary public. The bond is designed only to provide a limited source of funds
for paying claims against the notary public. The notary public remains personally liable to the
full extent of any damages sustained and may be required to reimburse the bonding company
for sums paid by the company because of misconduct or negligence of the notary public.
(Government Code sections 8212 to 8214)

I think " "personally liable" says it all. If someone doesn't understand what they're doing then the courts will decide.

Reply by C. Rivera Chicago Notary Services on 2/22/11 12:15pm
Msg #373667

the Vancura appellate decision states just this....

that the Notary Public is PERSONALLY LIABLE if found negligent or provided any misconduct in the performance of their notarial duties......though it doesn't say anything about bond (or insurance), I suspect this is why that NSA specific E&O insurance all of the sudden is available for us to purchase.

I just hope our bond of $5,000 doesn't increase anytime soon!

Reply by James Dawson on 2/22/11 12:19pm
Msg #373671

Re: the Vancura appellate decision states just this....

Hah! a retainer for an Attn is $5,000.00 here so right off the bat a notary will be responsible for that if someone hires an attn to sue the notary.

Reply by Les_CO on 2/22/11 1:37pm
Msg #373686

Re: the Vancura appellate decision states just this....

You guys on the left coast must remember the State bar of California is like no other. We here in ‘clod-kickin’ country can hire lawyers all day long for only a $4999 retainer.

Reply by James Dawson on 2/22/11 1:40pm
Msg #373687

Re: the Vancura appellate decision states just this....

wow, how can you stand it??? LOL

Reply by Shoshana/AZ on 2/22/11 2:26pm
Msg #373705

It's much less expensive here in AZ.

Probably about $2k. It may also depend upon the infraction.

Reply by Marian_in_CA on 2/22/11 8:04pm
Msg #373737

What a lot of people don't realize is that a bond is not insurance. If somebody files a claim against a bond, the notary has to pay it back to the bonding company.

That's why we should all have general business insurance, in addition to E&O. An umbrella policy is a good idea, too... that way, insurance will help pay on claims.