Notary Law UPDATEMay 16th, 2019
On May 14, 2019 the following notary law went into effect:
- A surety for a notary’s bond may be liable to any person for damages proximately caused to that person by the notary’s misconduct in performing a notarization, but the surety’s liability may not exceed the penalty of the bond or of any remaining bond funds that have not been expended to other claimants.
- Regardless of the number of claimants under Subsection (2)(a), a surety’s total liability may not exceed the penalty of the bond.
- An employer of a notary public is also liable for damages proximately caused by the notary’s misconduct in performing a notarization if:
- the notary public was acting within the course and scope of the notary public’s employment; and
- the employer had knowledge of, consented to, or permitted the misconduct.
The Lt. Governor’s Office believes the legislative intent of this language is to add clarity to UCA 46-1-18. If a notary public, unbeknownst to the employer, commits notary fraud, the employer may not be held accountable for the notary’s actions.