(2)

1. (a) A surety for a notary's bond may be liable to any person for damages proximately caused to that person by the notary's misconduct in performing a notarization, but the surety's liability may not exceed the penalty of the bond or of any remaining bond funds that have not been expended to other claimants.
2. (b) Regardless of the number of claimants under Subsection (2)(a), a surety's total liability may not exceed the penalty of the bond.

(3) It is a class B misdemeanor, if not otherwise a criminal offense under this code, for:

1. (a) a notary to perform an act in violation of Section 46-1-9 or Section 46-1-11; or
2. (b) the employer of a notary to solicit the notary to perform a notarial act in violation of this chapter.