When can a Notary be held liable for negligence?

A Notary can be held liable for negligence when they do not properly identify a signer before notarizing. This responsibility is foundational to the role of a Notary Public, as verifying the identity of the signer is essential for preventing fraud and ensuring the integrity of the notarization process. Failure to perform this duty can lead to unauthorized transactions or the notarization of documents by individuals who are not who they claim to be, compromising the legal validity of those documents. Proper identification helps to establish that the person who appears before the Notary is indeed the person who is signing the document, which is critical for the security and authenticity of the notarization.

In contrast, failing to act on a request or providing incorrect information about the notarization process may not directly stem from the core functions and duties of the Notary. Furthermore, forgetting to update a commission could lead to issues with validity but does not inherently involve negligence in the performance of notarization duties related to the verification of a signer. Thus, the specific act of properly identifying the signer is the clearest link to potential liability for negligence in the context of notary functions.