MN Notary Notary Fees and Liability 2 — Questions and Answers
Question 1: What type of insurance can a Minnesota notary purchase to protect against claims arising from notarial errors?
- Errors and omissions (E&O) insurance (Correct answer)
- Surety bond insurance
- Professional malpractice insurance only available to attorneys
- General liability insurance through their employer only
Correct answer: Errors and omissions (E&O) insurance
Errors and omissions insurance provides notaries with coverage against claims arising from honest mistakes or negligent acts in performing notarial duties.
Question 2: Under Minnesota law, is a notary liable for refusing to perform a notarial act?
- Generally no, provided the refusal is based on a lawful reason such as inability to verify identity (Correct answer)
- Yes, refusal always creates liability for the notary
- No, notaries have absolute discretion to refuse any act
- Yes, if the refusal causes financial harm to the requesting party
Correct answer: Generally no, provided the refusal is based on a lawful reason such as inability to verify identity
A notary who refuses a notarial act for a legitimate, lawful reason — such as inability to verify identity or concerns about signer competency — is generally protected from liability for that refusal.
Question 3: A Minnesota notary notarizes a forged signature without knowledge of the forgery. Are they liable?
- Generally not, if the notary followed all required verification procedures in good faith (Correct answer)
- Yes, the notary is always liable when a notarized document is fraudulent
- No, criminal liability falls only on the forger
- Yes, unless the notary purchased E&O insurance
Correct answer: Generally not, if the notary followed all required verification procedures in good faith
A notary who acts in good faith and follows proper identity verification procedures is generally shielded from liability for fraud perpetrated by the signer.
Question 4: Which party is primarily responsible for the content accuracy of a notarized document in Minnesota?
- The signer, not the notary (Correct answer)
- The notary, as they certified the document
- Both the notary and signer equally
- The attorney who drafted the document
Correct answer: The signer, not the notary
A notary certifies only the notarial act (identity, signature, oath), not the truthfulness or accuracy of the document's content — that responsibility belongs to the signer.
Question 5: What must a Minnesota notary do if they discover they made an error in a previously completed notarization?
- Contact the parties involved and, if possible, correct the certificate with a new notarization (Correct answer)
- File a correction report with the Secretary of State within 10 days
- Amend their notary journal entry and notify their E&O insurer
- Do nothing, as completed notarizations cannot be amended
Correct answer: Contact the parties involved and, if possible, correct the certificate with a new notarization
When a notarial error is discovered, the notary should notify the affected parties and work with them to complete a corrected notarization if the situation allows.
Question 6: A Minnesota notary knowingly notarizes a document for a person using a false identity. This constitutes:
- Official misconduct and potentially criminal conduct (Correct answer)
- Only a civil violation subject to a fine
- A procedural error that can be corrected by re-notarizing
- No violation if the document's content is otherwise truthful
Correct answer: Official misconduct and potentially criminal conduct
Knowingly facilitating identity fraud by completing a notarization for someone presenting a false identity is official misconduct and can rise to criminal conduct under Minnesota law.
MN Notary Notary Fees and Liability 2
What type of insurance can a Minnesota notary purchase to protect against claims arising from notarial errors?