That it was bound to happen sooner or later. An employee of a Notary Public was determined liable for their notaries’ negligence.
In fact this has happened a second time now.
In the case of Bank of America v. Bird the particular court found that a Notary and the Notary’s employer will have to hold to standards of Notarial practice that break what state law requires.
In the care of Vancura v. Katri the court found that when state protocols governing Notarization are unclear Notaries will need to rely on typically the guidance contained in such established, industry-wide standards as the Style Mobile notary Act.
So what does this mean for employers that will employ Notaries, or use contracted notaries as part of their whole business? It means that employers must train and organize their Notaries or face direct liability for disaster to prevent harm to 3rd parties, or partner with a cell notary service provider that already has policies in place in which protect the business from liability.
Before partnering with a national mobile notary service provider, be sure to ask the following questions.
- one How long has the company been in business? The longer the manufacturer 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 in some way count.
- Does the company carry an E&O insurance cover that covers all their contractors? A company that regularly activates the service of mobile notaries will carry your 500K E&O policy or more. Any thing less and you should name someone else.
- What policies does the company have to guarantee that their notaries are conforming to higher standards then those people laid out by the state? If the answer is non-e next run.
In the long run these new standards will go along simply by protecting everyone form fraud, ID theft and contractual disputes.