Notary is important if you want to enhance authentication of your documents, like power of attorney, deeds, certified copies, etc. Witnessing the signing or authentication of legal documents by a notary enhances the validation of documents.
Notarization of documents can protect you from fraud and ensure signatories are who they claim to be. There are diverse responsibilities associated with notaries, as they are expected to adhere to a strict code of conduct. Misconduct by notaries can lead to serious legal and financial consequences. Hang on to this blog to get essential information about the importance of notary and consequences of notary misconduct and penalties.
What is notary misconduct?
There are diverse responsibilities of a notary public where a single mistake can lead to violation of rules or ethical standards governing the practice of notarization. Misconduct can be intentional or unintentional, but the consequences are the same. This affects notary public as well as the clients involved. So, be aware of the misconducts and remain cautious.
Some of the examples of notary misconduct are given below:
- If a notary fails to confirm the signing person is who they claim to be, it can lead to fraudulent activities.
- It is necessary for the notary to physically witness the signing process because, without witness, it is considered a violation of rules and regulations.
- A notary should ensure that the document is completed before the process starts, or blank documents can expose the notary to liability.
- Notaries should be fair and remain impartial because notarizing documents with personal interest is prohibited.
Penalties Associated with Notaries Misconduct
It is common to have penalties when there is a violation of legal rules and regulations. Penalties that are associated with notary misconduct are discussed below:
1. Fines
Notaries with misconduct may face monetary fines. The amount of the fine will depend on the diverse offense and local laws. Based on the violation of the rules, fines can range from few hundred to thousand dollars
2. Criminal Charges
If notaries commit any fraud, they can face criminal charges. This can range from felony charges to misdemeanor charges, which depends on the severity of the misconduct. Most of the time, convictions can result in jail time and significant fines.
3. Civil Liability
Notary public in Texas also encounters civil liability when their misconduct results in financial harm to another party. This factor can result in compensating the affected party for damages caused by the improper notarization.
4. Loss of Credibility and Reputation
Whether the misconduct is intentional or unintentional, notaries face loss of credibility and reputation issues. Loss of reputation affects personal and professional life as it affects client trust. The notaries with a loss of credibility and reputation can face issues in standing in the community.
Tips to Avoid Notary Misconduct
The notaries might not get permanently stripped of their commission, but repeated violations of notaries can cause damage to their career. Some of the tips that can help in avoiding notary misconduct are given below:
- Following the notary rules, laws, and regulations of the local place can be beneficial to avoid any misconduct.
- Performing identity verification of the signer, witnessing the signing of the document, and considering all parts of the document are complete before notarizing.
- Avoid notarization of documents with personal interest because it is essential to remain impartial in the role of notary
- Use of proper notary certificates and stamps are necessary for notary seal
- Consulting a legal professional can be effective in case you are unsure about the legitimacy of the document or the proper way to proceed with notarization.
End Note
Notary misconduct can have diverse financial, legal, and personal consequences. You must consider a legal professional or have proper knowledge of the notarization process before starting one. Notary misconduct and penalties should be a concerning matter. So, it is essential to have proper knowledge about the notary misconduct, penalties, and ways to avoid it for successful notarization. Notary and fingerprinting services are both essential for enhancing the authenticity of documents.
