It was bound to be sooner or later. An act of a notary public was set up as liable for their notaries' negligence.
In fact this has happed doubly now.
In the case of Bank of America v. Bird, the court held that a notary and the notary's employer must adhere to norms of notarial practise that go beyond what state law requires.
inn the care of Vancurav.When state rules governing notarization are unclear, notaries must rely on guidance contained in similar established, society-wide norms such as the Model Notary Act, according to Katri..
So what does this mean for employers that employ notaries or use contracted notaries as part of their business? It means that employers must train and supervise their notaries or face direct liability for failure to prevent detriment to third parties, or partner with a mobile notary service provider that formerly had programmes in place that covered the business from liability.
Before partnering with a civil mobile notary service provider, be sure to ask the following questions.
1. How long has the company been in business? The longer the company has been in business, the better their connections should be with the notaries they work with. And it's the connections with the notaries that really count.
2. Does the company carry an E&O insurance policy that covers all their contractors? A company that regularly engages the services of mobile notaries will carry a $500K E&O policy or more. Anything less, and you should call someone differently.
3. What programmes does the company have to ensure that their notaries are conforming to advanced norms and those laid out by the state? If the answer is "none," also run.
In the long run, these new norms will go a long way in guarding everyone from fraud, ID theft, and contractual controversies.