31.0356 Liability of notary and employer.

Cite as [A.S.C.A. § 31.0356]

(a) A notary is liable to any person for all damages proximately cause that person by the notary’s negligence, intentional violation of law, or official misconduct in relation to a notarization.

(b) An employer of a notary is liable to any person for all damages proximately caused that person by the notary’s negligence, intentional violation of law, or official misconduct in performing a notarization during the course of employment, if the employer directed, expected, encouraged, approved, or tolerated the notary’s negligence, violation of law, or official misconduct either in the particular transaction or, impliedly, by the employer’s previous action in at least one similar transaction involving any notary employed by the employer.

(c) An employer of a notary is liable to the notary for all damages recovered from the notary as a result of any violation of law by the notary that was coerced by threat of the employer, if the threat, such as of demotion or dismissal, was made in reference to the particular notarization or, impliedly, by the employer’s previous action in at least one similar transaction involving any notary employed by the employer. In addition, the employer is liable to the notary for damages caused the notary by demotion, dismissal, or other action resulting from the notary’s refusal to engage in violation of law or official misconduct.

(d) Notwithstanding any other provision of this Act, for the purposes of this section “negligence” shall not include any good-faith determination made by the notary pursuant to the obligations imposed by Section 31.0320(c)(3) or (4).

History: 2008, PL 30-18.