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.
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