Colorado Notary Misconduct: Penalties and How to Avoid Them

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Colorado notaries who violate the state’s notary laws can face commission suspension or revocation, civil lawsuits, and in serious cases, criminal prosecution. Understanding what constitutes misconduct and how to avoid it is part of being a responsible notary. Colorado’s notary statute (CRS 24-21-501 through 24-21-530) outlines both the rules and the consequences for breaking them.

What Counts as Misconduct

Some misconduct is accidental. Some is deliberate. Colorado punishes deliberate violations more harshly.

Common negligent acts

• Forgetting to apply your seal on a notarial certificate
• Recording incorrect information in your journal
• Using the wrong type of notarial certificate (acknowledgment vs. jurat)
• Failing to verify a signer’s identity thoroughly
• Leaving blanks on the notarial certificate

Common willful violations

• Notarizing a document without the signer personally appearing
• Backdating or post-dating a notarial certificate
• Overcharging beyond the statutory fee limits
• Notarizing a document in which you have a financial interest
• Notarizing your own signature
• Falsifying information on a notarial certificate
• Allowing someone else to use your notary seal

Grounds for Commission Action

Under RULONA, the Colorado Secretary of State can suspend or revoke a notary commission for several reasons:

• Failing to comply with Colorado’s notary statutes
• Making a false statement on the commission application
• Being convicted of a felony or a crime involving fraud, dishonesty, or deceit
• Failing to perform notarial duties properly
• Charging fees that exceed the statutory maximum
• Failing to maintain required records (journal, RON recordings)

The Secretary of State investigates complaints and can take administrative action without a court order. If your commission is revoked, you cannot apply for a new one for at least one year in most cases.

Civil Liability

A notary who commits misconduct can be sued by anyone harmed by the faulty notarization. Common scenarios include:

• A forged deed that was notarized without the real property owner appearing before the notary
• A loan document with incorrect notarization that causes a closing to fall through
• A power of attorney notarized for someone who was not competent to sign

Judgments in these cases can be substantial. If a forged deed results in someone losing their home, the notary could be liable for the full value of the property. Errors and omissions insurance covers negligence claims — but not willful misconduct.

Criminal Penalties

Colorado law treats some notary violations as crimes. Under CRS 24-21-529, overcharging for a notarial act is a misdemeanor. More serious offenses, like falsifying a notarial certificate, backdating documents, or notarizing without personal appearance in connection with a fraud scheme, can be prosecuted as felonies.

If misconduct is part of a larger fraud (real estate fraud, identity theft, embezzlement), the notary can face prosecution as a participant in that fraud, with penalties that include prison time.

Protecting Your Commission

You can protect yourself by following these practices:

1. Always require personal appearance. Never notarize a document brought to you by a third party who claims the signer is not available. This is the number one cause of notary lawsuits.
2. Verify identity every time. Even if you think you recognize the person, check their ID. Personal knowledge is allowed in Colorado, but a government-issued ID creates a stronger paper trail.
3. Keep a complete journal. Your journal is your best defense if someone makes a claim against you. Record every notarial act, even ones that seem routine.
4. Never backdate. The date on the certificate is always the date the notarization actually happened. No exceptions.
5. Do not notarize when you have a conflict. If you stand to gain from the transaction, or if a close family member is the signer, step away.
6. Stay within your role. You are a notary, not an attorney. Do not advise signers on legal questions, suggest which type of notarization they need, or help them fill out legal forms.
7. Get E&O insurance. Errors and omissions insurance covers claims arising from negligent mistakes. It is relatively inexpensive and provides significant protection. A $100,000 policy typically costs $30-$60 per year.

What to Do if You Make a Mistake

If you realize you made an error on a notarial certificate, do not try to fix it after the signer has left. Never alter a completed certificate. Instead:

• If the signer is still present, line through the error, write the correct information, and have the signer initial the change.
• If the signer has left, contact them to return and complete a corrected certificate.
• Document the correction in your journal.

Some errors cannot be fixed by correction. If you realized after the fact that the signer was not properly identified or did not personally appear, you should contact the requesting party and inform them of the issue.

Common Questions

Can I go to jail for a notary mistake?

An honest mistake typically results in civil liability or administrative action, not criminal charges. Criminal prosecution applies to willful violations like fraud, forgery, or falsifying certificates. Follow proper procedures and criminal charges will not be an issue.

Will E&O insurance cover willful misconduct?

No. E&O insurance covers negligence (honest mistakes). It does not cover intentional wrongdoing. If you knowingly backdated a document or notarized for someone who did not appear, your insurance will not pay the resulting claim.

How do complaints get filed against Colorado notaries?

Complaints are submitted to the Colorado Secretary of State’s office. Anyone can file a complaint: a signer, a receiving agency, a title company, or another notary. The Secretary of State’s office reviews each complaint and determines whether to investigate.

Can I get my commission reinstated after revocation?

If your commission is revoked, you cannot ever apply for or receive a notary commission again in Colorado. CRS 24-21-523(6) states this clearly: “A person whose notary commission has been revoked pursuant to this part 5 may not apply for or receive a commission and appointment as a notary.” This is permanent, not temporary. An initial denial is different from revocation; if your initial application is denied, you may be able to reapply if your circumstances change.

What happens if my journal shows I made errors?

A journal with errors is better than no journal at all. If you made recording mistakes, note the corrections and initial them. The Secretary of State expects notaries to maintain accurate records, but minor recording errors are handled differently from falsified entries.