Under what circumstance can a notary be held liable?

A notary can be held liable for notarizing documents without properly verifying the identity of the signers, which is a fundamental obligation of a notary's duties. The role of a notary includes ensuring that the individuals presenting documents for notarization are who they say they are, typically by verifying identification such as a government-issued photo ID. This step is crucial because it helps prevent fraud and ensures the integrity of the notarization process.

Failure to check identification puts notaries at risk of being involved in fraudulent activities, as they may unknowingly witness the signatures of individuals who are misrepresenting themselves. This lack of diligence can result in legal repercussions not just for the notary, but also for the validity of the document being notarized. Therefore, compliance with identification verification protocols is essential for a notary to fulfill their responsibilities and protect themselves from liability.

In contrast, while denying notarization for valid documents may seem unreasonable, a notary might refuse if the document does not meet certain legal requirements. Failing to record a notarization adequately is indeed a breach of duty, but it is more about procedural errors rather than the critical issue of identity verification. Working outside of regular business hours does not inherently lead to liability unless it violates specific state rules