In this day of casual lawsuits, notaries must take every precaution when performing their duties. There are no shortcuts to performing a perfect notarization! Every step must be followed to ensure that proper procedures are carefully adhered to. Notaries are expected to know and understand the law requirements and faithfully adhere to them. Unfortunately, even the best intentions are sometimes not enough to avoid serious difficulties. A notary may be charged, falsely or accurately, with errors or omissions. Such examples would be: notarizing a forged document, failing to establish competency in a signer, or for performing a notarization for an individual who did not personally appear before the notary at the time that the document was executed. (This is the most common charge against a notary in a lawsuit in the State of Florida).
Don’t allow yourself to be coerced into performing a notarization you are not comfortable with, or one you know is illegal. Remember you alone are responsible for your actions as a notary, even if you simply “bend the rules” a little due to the pressure from your employer, family or friends. Don’t do it! It is not worth the risk.
Every notary is strongly encouraged to obtain Errors and Omissions (E&O) Insurance. This low-cost optional protection can be an invaluable benefit in the event of a lawsuit.
The bond required by the State protects the public against harm or loss due to an improper notarization by the notary. The bond does not protect the notary. It is not intended to; it is solely for the protection of the public you serve. The bond will pay a valid claim up to the amount of $7,500. However, the bond Company will then go back to the notary for reimbursement of the amount of loss.
Errors and Omissions (E&O) Insurance, however, is optional insurance that may be purchased exclusively for the protection of the notary public. E & O will pay the claim, up to the amount of the policy, (which may be purchased for thousands higher than the bond); including legal expenses incurred by the notary for defense against the claim of wrongdoing, even if no damages are awarded.
