46-1-18 - Liability.
46-1-18. Liability.
(1) A notary may be liable to any person for any damage to that person proximatelycaused 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 proximatelycaused to that person by the notary's misconduct in performing a notarization, but the surety'sliability may not exceed the penalty of the bond or of any remaining bond funds that have notbeen expended to other claimants.
(b) Regardless of the number of claimants under Subsection (2)(a), a surety's totalliability may not exceed the penalty of the bond.
(3) It is a class B misdemeanor, if not otherwise a criminal offense under this code, for:
(a) a notary to perform an act in violation of Section 46-1-9 or Section 46-1-11; or
(b) the employer of a notary to solicit the notary to perform a notarial act in violation ofthis chapter.
Amended by Chapter 95, 2007 General Session