A notary who breaks the rules governing notarial acts can face penalties for notary misconduct on three separate tracks: administrative discipline from the state commissioning authority (reprimand, fine, suspension, or revocation of the commission), civil liability to anyone harmed by the misconduct, and criminal prosecution when the conduct was intentional. The three tracks run independently. A single bad notarization can trigger all of them at once, or just one, depending on what the notary did and who was hurt.
If you were harmed by a notary, the practical takeaways are these: file an administrative complaint with the state agency that commissioned the notary (usually the Secretary of State), consider a claim against the notary’s surety bond for financial losses, and talk to an attorney about a civil lawsuit if the damages are significant. If the conduct looks criminal, report it to local law enforcement or the district attorney, because administrative agencies discipline commissions but do not prosecute crimes.
Administrative Sanctions
Administrative discipline is the most common outcome, and the range of sanctions tracks the range of possible misconduct. A first-time technical violation, such as an incomplete journal entry, might draw nothing more than a letter of reprimand or admonition. More serious or repeated violations lead to suspension of the commission for a set period, during which the notary cannot perform any notarial acts. The most severe administrative sanction is permanent revocation, which ends the commission and often bars the notary from reapplying.
Many states also impose administrative fines. Amounts vary widely by state and by the nature of the violation. Georgia treats a first or second conviction for performing notarial services without complying with the law as a misdemeanor, while a third conviction becomes a felony with fines up to $5,000 and imprisonment of one to five years.1Justia Law. Georgia Code Title 45 Chapter 17 Article 1 Section 45-17-20 – Penalty Whatever the sanction, disciplinary actions become part of the notary’s public record and can block future reappointment.
A few examples of conduct that routinely draws discipline: failing to require the signer’s personal appearance (the most fundamental rule in notarization, because without it the notary cannot verify identity or voluntariness), notarizing a document in which the notary has a personal or financial interest, engaging in the unauthorized practice of law by selecting certificate forms or explaining a document’s legal effect, and failing to keep a notarial journal in states that require one. A particularly harmful variant is “notario” fraud, where someone uses the title “notario público” to mislead immigrants into believing the notary is licensed to provide legal help with immigration matters. The Federal Trade Commission has warned that notarios are not lawyers and cannot help with immigration cases, and that these schemes routinely result in lost money, stolen documents, and damaged immigration prospects.2Federal Trade Commission. Notarios Are No Help With Immigration
Criminal Charges
Criminal charges are reserved for intentional misconduct. Depending on the state’s criminal code, prosecutors can pursue charges for forgery, perjury, fraud, or official misconduct. New York makes it a misdemeanor for a notary to practice fraud or deceit in the performance of official duties.3New York State Senate. New York Consolidated Laws Executive Law Section 135-a States with escalating structures often start at misdemeanor level for first offenses and move to felony charges for repeat violations or conduct involving fraud.
Felony convictions typically carry potential prison sentences of one to several years and fines that can reach thousands of dollars. A felony conviction for document fraud usually triggers automatic and permanent revocation of the notary commission, and most states bar anyone with a felony conviction from holding a commission in the future. Sentencing tends to reflect the financial harm caused to the victim and whether the notary acted alone or as part of a larger fraud scheme.
Some types of misconduct carry stacked penalties. The unauthorized practice of law, for example, can draw notary-specific discipline on top of a separate prosecution under the state’s unauthorized-practice statutes, each with its own fines and possible jail time.
Civil Lawsuits and Surety Bond Claims
People who suffer financial harm from a notary’s negligence or fraud can sue the notary directly in civil court. A notary may be held personally liable for damages, and judgments can run into tens of thousands of dollars depending on the harm. Real estate transactions are where the stakes tend to be highest, because a defective notarization on a deed or mortgage can cloud title and cost significant money to fix.
Every state also requires notaries to carry a surety bond, which functions as a financial guarantee to the public. If a notary’s error or wrongful act causes someone financial harm, the injured party can file a claim with the bonding company. State-required bond amounts range from as low as $500 to as high as $25,000.4National Notary Association. Notary Surety Bonds FAQs A detail worth knowing: when the bonding company pays out on a claim, the notary is personally obligated to reimburse the bonding company for the full amount. The bond protects the public, not the notary.
To file a bond claim, identify the surety company that issued the notary’s bond (the commissioning authority can usually tell you), then submit a claim form with documentation of the financial loss, copies of the notarized documents involved, and evidence linking the notary’s misconduct to the harm. Pay attention to any filing deadlines the surety company imposes, because a late claim can be denied.
E&O Insurance Does Not Replace a Bond
Some notaries carry errors and omissions (E&O) insurance in addition to their required surety bond. The two serve different purposes. A surety bond protects the public and requires the notary to reimburse the bonding company after any payout. E&O insurance protects the notary’s own assets by covering legal defense costs and liability for negligent mistakes. E&O policies exclude coverage for dishonesty, fraud, and intentional violations of the law, so if a notary knowingly notarized a forged signature, E&O will not respond. It only covers genuine errors, like using the wrong certificate type or making a clerical mistake.
When the Employer Is Also on the Hook
If a notary committed misconduct while performing notarizations as part of their job, the employer may share liability. Courts apply the doctrine of respondeat superior, which holds an employer responsible for an employee’s wrongful acts committed within the scope of employment. For notaries, courts look at whether the employer asked the employee to become a notary, supplied the seal and other tools, and benefited from the notarial services. When all three are present, the notary’s acts are almost certainly within the scope of employment, and the employer is liable for resulting damages.
An employer can also face direct liability for participating in the misconduct. If a supervisor pressured a notary to skip identity verification or process documents without the signer present, the employer is directly responsible, not just vicariously. The fact that notaries are technically commissioned as public officers does not insulate the employer. Courts have consistently held that the public-officer designation does not override standard agency principles when the notary was acting for the employer’s benefit.
How to File a Misconduct Complaint
Before you file, gather the details an investigator will need: the notary’s full name as it appears on the seal or stamp, the date and location of the notarization, and a legible copy of the notarized document. The seal typically shows the notary’s name, commissioning state, and commission expiration date, and many states also require a commission or identification number. If any of that is unclear on the document itself, the state commissioning authority can usually look the notary up by name.
Complaints go to the agency that regulates notaries in your state, which is usually the Secretary of State’s office. Many states post downloadable complaint forms on their websites, and filing is generally free. The form asks for a written description of what happened, your contact information, and supporting documentation. Be specific about what the notary did wrong and what evidence you have. If you believe the notary committed a crime, also report the conduct to local law enforcement or the district attorney’s office, because the administrative complaint process handles commission discipline, not criminal prosecution.
After the complaint is filed, staff conduct an initial review, and if the allegations have merit the agency issues a notice to the notary with a window to respond in writing, commonly 15 to 30 days. Serious allegations can move to a formal administrative hearing before an administrative law judge or hearing officer, where both sides present evidence. The notary can appeal an adverse decision, usually first through an internal rehearing request within a short deadline (often 15 to 20 days) and then by petition for judicial review in state court.
Are Previously Notarized Documents Still Valid?
A common worry after a notary is disciplined is whether documents they already notarized are still good. If the notary’s commission was active and in good standing at the time of the notarization, the document generally remains valid even if the commission is later revoked or suspended. Revocation is not retroactive, and later misconduct does not automatically void every document the notary ever touched.
The exception is when the specific notarization at issue was itself the product of misconduct. If the notary forged the signer’s acknowledgment, never actually witnessed the signing, or lacked a valid commission at the time, that particular notarization was defective from the start. A defective notarization on a deed or other recorded document can cloud title and typically requires a corrective instrument, which may mean re-executing the document with proper notarization. Some states have curative statutes that automatically heal certain defects after a waiting period, but these generally do not fix the complete absence of a valid notarial act.
Deadlines to Pay Attention To
Both administrative complaints and civil lawsuits are subject to time limits that vary by state and by the type of claim. For civil suits, the statute of limitations depends on whether the claim is based on negligence, fraud, or breach of contract. Fraud claims generally have longer limitations periods than negligence claims, but even fraud has a ceiling. Many states apply a discovery rule, meaning the clock does not start until the injured party knew or should have known about the harm. Some states have enacted specific statutes of limitations for claims against notaries that apply regardless of the underlying legal theory.
Administrative complaints may not have a formal statute of limitations, but filing promptly still matters. Evidence degrades, witnesses become harder to locate, and commissioning authorities are more likely to act on recent complaints. If you discover that a notarization was defective or fraudulent, file the complaint and consult an attorney about potential civil claims as soon as possible. Waiting too long can mean losing the right to recover damages entirely, even when the misconduct is clear.