Guam § 33501 - Liability of Notary, Surety and Employer.

§ 33501. 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