New York State Notary Practice Exam

Is an officer liable for damages if he committs malfeasance while taking proof of a conveyance?

1. Yes, he is liable

2. No, he is not liable

3. Only if the damages exceed a certain amount

4. Only in civil cases

The correct answer is: Yes, he is liable

An officer is indeed liable for damages if he commits malfeasance while taking proof of a conveyance. Malfeasance refers to the performance of a lawful act in an illegal or improper manner. In the context of notarial acts, if an officer fails to follow the required procedures or engages in wrongful conduct while executing their duties, they can be held responsible for any resulting damages. This liability ensures that notaries maintain a standard of care and integrity in their work, protecting the interests of the parties involved in the conveyance. The notion of liability encourages notaries to perform their duties ethically and competently, as failure to do so can lead to legal consequences. It is important for notaries to understand the importance of adhering to the law and the potential implications of malfeasance in their role.