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Lawsuit Protection: What Notaries should Know

There is not any type of law stating that a notaire Montréal must keep service records. The fact is, however, this is a consideration that needs to be made, even though most notaries will be insured. When you keep records and hold the proper type of insurance, it will ensure that they are never held personally liable for any misconduct or negligence if a type of improper act occurs that creates a personal or business loss. Simply put, notaries are not eligible to be sued.

The duties that are performed by notaries are required to be performed while a person exercises acts of reasonable care. This is considered to be the level of care that any person, having normal intelligence would show in similar situations. If the proper level of care is not exercised, then this can be considered negligence.

If you are working for an employer as their in-house notary, then the business may also be considered liable if the situation took place during a business’s open hours. One example of this would be a governmental agency being responsible for the misconduct of their notary.

As a notary, you will have to consider the best options for ensuring you are fully protected, in addition to the agency or company that you are working for. Some of the main ways that you can protect yourself and your employer from lawsuits include:

  • Understanding and following the laws responsible for governing your role
  • Notarizing documents while exercising reasonable care
  • Eliminating possibilities for exceptions to the rules
  • Keeping updated and accurate records of services performed

The Notary Journal Benefits

As a notary, you will have the right to retain any document that you notarize, which means it will be quite easy to maintain the records you are keeping. This journal will enable you to protect yourself from any types of lawsuits that may arise.

When you begin to look for a record book or journal, it is extremely important that you find the right type of book. This includes numbered pages. After you purchase the perfect journal, the things that you need to record include:

  • The date that you notarized a document
  • The type of event where your services were needed
  • A small description of the document
  • The party’s printed name
  • Signature and address of the client

You should ensure that your entries are complete to ensure that you have all necessary information about the transaction prior to clients leaving.

By following this advice, a notary will be able to reduce the chance of lawsuits and can keep all of their records straight.

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