55.297 Misconduct; civil liability; conditions.

131 words·~1 min read·/mi/chapter-55/55-297

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 37.

(1)For the official misconduct of a notary public, the notary public and the sureties on the notary public's surety bond are liable in a civil action for the damages sustained by the persons injured. The employer of a notary public is also liable if both of the following conditions apply:

(a)The notary public was acting within the actual or apparent scope of his or her employment.

(b)The employer had knowledge of and consented to or permitted the official misconduct.

(2)A notary public and the notary public's sureties are not liable for the truth, form, or correctness of the contents of a record upon which the notary public performs a notarial act.

History: 2003, Act 238 , Eff. Apr. 1, 2004