The employer of a notary public shall also be liable for all damages proximately caused by the official misconduct by such notary if:

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Terms Used In Virginia Code 47.1-27

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • notary: means any person commissioned to perform official acts under the title, and includes an electronic notary except where expressly provided otherwise. See Virginia Code 47.1-2
  • Official misconduct: means any violation of this title by a notary, whether committed knowingly, willfully, recklessly or negligently. See Virginia Code 47.1-2

1. The notary public was acting within the scope of his employment at the time such damages were caused; and

2. The employer had actual knowledge of, or reasonably should have known of, such notary’s misconduct.

1980, c. 580.