Official misconduct by a notary public - liability of notary or surety.

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(1) A notary public who knowingly and willfully violates the duties imposed by this part 5 commits official misconduct and is guilty of a class 2 misdemeanor.

  1. A notary public and the surety or sureties on his or her bond are liable to the personsinvolved for all damages proximately caused by the notary's official misconduct.

  2. Nothing in this part 5 shall be construed to deny a notary public the right to obtain asurety bond or insurance on a voluntary basis to provide coverage for liability.

Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 806, § 2, effective July 1, 2018.


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