| (1) |
A notary may be liable to any person for any damage to that person proximately caused by the notary’s misconduct in performing a notarization. |
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
For details, see
Utah Code § 76-3-204Terms Used In Utah Code 46-1-18
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- notarization: means an act that a notary is authorized to perform under Section 46-1-6. See Utah Code 46-1-2
- Notary: includes a remote notary. See Utah Code 46-1-2
| (2) |
| (a) |
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. |
| (b) |
Regardless of the number of claimants under Subsection (2)(a), a surety’s total liability may not exceed the penalty of the bond. |
| (c) |
An employer of a notary public is also liable for damages proximately caused by the notary’s misconduct in performing a notarization if:
| (i) |
the notary public was acting within the course and scope of the notary public’s employment; and |
| (ii) |
the employer had knowledge of, consented to, or permitted the misconduct. |
|
|
| (3) |
It is a class B misdemeanor, if not otherwise a criminal offense under this code, for:
| (a) |
a notary to violate a provision of this chapter; or |
| (b) |
a notary’s employer to solicit the notary to violate a provision of this chapter. |
|
Amended by Chapter 192, 2019 General Session
Amended by Chapter 313, 2019 General Session
