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2021 Utah Code
Title 46 - Notarization and Authentication of Documents, Electronic Signatures, and Legal Material
Chapter 1 - Notaries Public Reform Act
Section 18 - Liability.
Universal Citation: UT Code § 46-1-18 (2021)
Effective 11/1/2019
46-1-18. Liability.
Amended by Chapter 192, 2019 General Session
Amended by Chapter 313, 2019 General Session
46-1-18. Liability.
- (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.
- (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
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