Notary Public Underwriters Blog
Who Pays When a Notarization Goes Wrong?
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- Published: November 9, 2026
Most notaries think about liability the way most people think about car insurance — you know it exists, you know you probably need it, and you hope you never have to find out how much you needed it.
Here's the thing: as a notary, you're personally liable for the notarial acts you perform. And if you're an employer whose staff includes a commissioned notary, that liability doesn't stop with your employee; it can reach you too. Understanding how that works is the first step toward actually protecting yourself.
A Notary Is Personally Responsible for the Notarial Act
When you become a notary, you are accepting responsibility for performing your notarial duties according to your state's laws and rules.
Your employer may have hired you, paid for your commission or supplies, or asked you to provide notarial services as part of your job. But the notarial act itself is still performed under your authority as the commissioned notary.
That distinction is important.
A notary can potentially face personal financial consequences if a mistake results in a claim. And simply being an employee does not necessarily mean your employer's insurance will protect you from every type of notary-related claim. Whether another policy provides coverage depends on the policy's actual terms, including its exclusions and limitations.
That's one reason individual Notary E&O insurance can be worth considering, even when you perform your notarial duties entirely as part of your regular job. It's built to cover the financial damages that can result from an honest mistake. Notaries sometimes handle a high volume of paperwork, often under time pressure, and even a careful, experienced notary can slip up. E&O insurance doesn't prevent the mistake; it protects you from footing the bill alone if one happens.
A few things worth remembering about your role, since they tie directly into liability:
- Your stamp, seal, and journal are yours to control. They should stay in your possession or a secure location at all times, not locked in an employer's drawer "for safekeeping."
- Your commission doesn't belong to your employer, even if they paid for it. If you leave a job, you keep your stamp and commission.
- No one can pressure you into cutting corners. If an employer ever asks you to notarize a document without the signer present or to skip a required step, that's not a request you're obligated to honor, and doing it anyway is the fastest way to open yourself up to serious liability.
- Training helps. A well-educated, well-supported notary is less likely to make a costly mistake in the first place. However, training alone doesn't protect you if a mistake happens, and mistakes can happen even to competent notaries.
What About the Employer?
The notary isn't necessarily the only party with potential exposure.
When an employee performs a notarial act as part of their job, the circumstances surrounding that act can also create potential liability for the employer. If a notarization causes financial harm, the person affected may not stop at pursuing the notary. The company may also be named in a claim, particularly when the notary was acting within the scope of their employment.
That's where a Group Errors and Omissions Insurance Policy can help. Where available, this type of policy provides coverage for the employer when an employee-notary is accused of making a negligent error or omission while performing notarial duties as part of their job. With coverage amounts up to $100,000, it can help protect both your employees and your business from the financial impact of a claim.
For organizations with several employees who regularly perform notarizations, this policy can make managing coverage simpler. It's a practical way to address a risk that's already part of the business, whether you've thought about it or not.
The Real Question Isn't "Will Something Go Wrong?" but "What Happens If It Does?"
Most notaries never face a claim. But even experienced notaries can make an honest mistake or find themselves involved in an unexpected situation.
Whether you're notarizing solo or managing a team of notaries, E&O insurance can be the difference between an isolated mistake and a financial setback that follows you for years. It's inexpensive relative to what it protects, and it's one of the simplest ways to make sure a single error doesn't turn into a much bigger problem.
If you're a notary without an Individual E&O policy or an employer who hasn't looked into whether Group E&O coverage is available in your state, it's worth reaching out to us at 800.821.0831 or This email address is being protected from spambots. You need JavaScript enabled to view it.. It's a lot easier to get covered before something happens than to wish you had been after.
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