Administrative penalties are levied by the Secretary of State, and can range from an advice letter to revocation of the commission and a fine. It is important to avoid such penalties because they may have other consequences. For example, many licensing agencies will not issue a license if a notary commission has been revoked or suspended. Criminal penalties are given in cases of fraud, coercion, or other criminal action. In these cases, the notary has intentionally committed misconduct and is prosecuted in the same way as for any crime.
Civil penalties are the penalties notaries public are most afraid of incurring.
If a notary, through carelessness or inaction, unintentionally or intentionally damages the complainant, he or she is liable for monetary damages without limit. For example, if an improperly notarized grant deed causes the deal to fall through, and that deal costs the signer thousands of dollars, the notary can be sued so the signer recovers those losses. This liability is neither new nor unusual, and notaries should not be unduly alarmed. However, it underscores the serious nature of notarization and the importance of developing competence and understanding in performance of notarial duties. It is not possible to be protected from a lawsuit, but you can reduce its effects.