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Statutory Liability of Officers (Civil and Criminal)

Various jurisdictions have rules regarding civil and criminal liabilities of an officer taking acknowledgment for any misconduct or neglect of duty.  Criminal offenses can occur at various phases of the process of taking acknowledgments.  A notary has to keep in mind that they are official witnesses to the identity and actions of the person appearing before them.  It is inferred that the notary has acted responsibly and in a lawful manner.

If a notary commits official misconduct knowingly and willfully, s/he may be convicted for a misdemeanor.  Making false oath or certificate by a notary may amount to the offense of perjury.  Any intentional use of a notary’s power for perpetrating a fraud or to embezzle or steal from another would result in felony.

A notary may be sued for any improper or negligent act, which causes injury to another person.  S/he shall be liable for all damages proximately caused by his official misconduct.

In Peak v. State, 240 Ind. 334 (Ind. 1960), appellant filed for review of his conviction by the Marion Criminal Court (Indiana) for making a false certificate as a notary public. Appellant claimed that the indictment was invalid due to omission of certain allegations and that the verdict lacked evidential support.  However, the appellate court contended that evidence supported the verdict. According to the evidence, the appellant supplied his parents as grantees to the transaction and took a very high fee for his notary services which showed that he took an active part in the fraud.  The trial court’s judgment was affirmed.


Inside Statutory Liability of Officers (Civil and Criminal)