Liability of Notary, Surety and Employer

(a)A notary is liable to any person for all damages proximately caused that person by the notary’s official misconduct in performing a notarization.

(b)A surety for a notary’s bond is liable to any person for damages proximately caused that person by the notary’s official misconduct in performing a notarization, but this liability may not exceed the penalty of the bond or of any remaining bond funds that have not been expended on other claimants. Regardless of the number of claimants, a surety’s total liability may not exceed the penalty of the bond.

(c)An employer of a notary is liable to any person for all damages proximately caused that person by the notary’s official misconduct in performing a notarization related to the employer’s business, only if the employer directed, encouraged, consented to, or approved the notary’s misconduct, either in the particular transaction, or as implied by previous actions in at least one

(1)similar transaction.

(d)An employer of a notary is liable for all damages recovered from the notary as a result of official misconduct 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 implied by the employer’s previous action in at least one

(1)similar transaction. 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 commit official misconduct.

(e)If the employer is the government of Guam, damages may be recovered only through the procedures of the Government Claims Act. COL5/19/2021 CH. 33 NOTARIES PUBLIC