When a notarized document is rejected or questioned, the first concern is often:
“Who is legally responsible for this mistake?”
The answer depends on what went wrong, who made the error, and what state law requires. Responsibility may fall on the notary, the signer, the document preparer, or sometimes more than one party.
When the Notary Is Legally Responsible
A notary is responsible only for the notarial act itself, not the content of the document.
A notary may be legally liable if they:
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Failed to properly verify identity
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Notarized without the signer present
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Used the wrong notarial certificate
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Failed to complete or sign the certificate
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Did not affix their seal correctly
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Backdated or post-dated a notarization
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Performed an act prohibited by state law
These are notary errors, and responsibility typically rests with the notary.
When the Client or Signer Is Responsible
The signer is responsible for:
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The accuracy of the document’s content
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Ensuring names match their legal ID
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Providing valid, acceptable identification
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Ensuring all required pages are present
If a document is rejected because:
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Information is incorrect
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Pages are missing
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Names don’t match
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The wrong form was used
That responsibility belongs to the signer — not the notary.
When the Document Preparer Is Responsible
Attorneys, lenders, agencies, or third-party preparers are responsible for:
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Choosing the correct document
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Providing proper notarial wording
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Complying with legal and filing requirements
Notaries cannot draft, revise, or give legal advice about documents.
Shared Responsibility Situations
In some cases, responsibility may be shared:
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A client insists on an incorrect certificate
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A notary proceeds despite uncertainty
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A preparer provides incomplete instructions
Courts look at who violated their legal duty.
How Errors & Omissions (E&O) Insurance Works
Most notaries carry E&O insurance to cover:
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Unintentional notarial mistakes
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Financial losses caused by notarial errors
Important to know:
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E&O insurance protects the public, not the notary personally
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It does not cover fraud or intentional wrongdoing
What Notaries Are Not Responsible For
Notaries are not responsible for:
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Legal validity of the document’s content
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Whether the document is accepted by a court or agency
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Explaining legal consequences
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Drafting or correcting forms
These fall outside a notary’s legal authority.
Responsibility in Online (RON) Notarizations
Remote Online Notaries are responsible for:
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Identity verification methods
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Proper recording of the session
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Completing the electronic certificate
Technology reduces error — but legal responsibility still applies.
How Clients Can Protect Themselves
To avoid issues:
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Review documents before notarization
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Confirm agency requirements
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Ask the notary what type of notarization is needed
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Double-check completed certificates before leaving
Conclusion
Legal responsibility in notarized documents is shared and specific.
Notaries are accountable for the notarial act, while clients and preparers are responsible for content and correctness.
Understanding these roles helps prevent delays, rejections, and costly corrections.
At Looking Glass Runners Notary, we take our responsibility seriously — and help clients understand theirs too.
