It was bound to happen sooner or later. An employee of a Notary Public was found liable for their notaries’ negligence.
In fact this has happened twice now.
In the case of Bank of America v. Bird the court found that a Notary and the Notary’s employer must hold to standards of Notarial practice that go beyond what state law requires.
In the care of Vancura v. Katri the court found that when state rules governing Notarization are unclear Notaries will need to rely on the guidance contained in such established, industry-wide standards as the Model Notary Act.
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 harm to 3rd parties, or partner with a mobile notary service provider that already has policies in place that protect the business from liability notary public west lake hills tx.
Before partnering with a nationwide 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 relationships should be with the notaries they work with. And it’s the relationships 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 service of mobile notaries will carry a 500K E&O policy or more. Any thing less and you should call someone else.
3. What policies does the company have to ensure that their notaries are conforming to higher standards then those laid out by the state? If the answer is none then run.