A surety bond is a financial may provide that protects the public if a notary makes a mistake or acts dishonestly
A surety bond for a notary is a three-way contract between you (the notary), a bonding company, and the state. The bonding company promises to pay money—usually between $500 and $15,000—if you fail to follow notary laws or harm someone through negligence or fraud. You buy the bond, the state requires it before you can be commissioned, and the public can file a claim against it if something goes wrong with your notarial work.
The bond does not make you a better notary or teach you the rules. It is purely financial protection. If you notarize a document you should not have, or you forge a signature, or you lose a journal and someone's identity gets stolen, the person harmed can file a claim against your bond. The bonding company pays the claim (up to the bond amount), and then they bill you for the full amount plus fees.
Most states require a notary bond before you receive your commission. A few states do not require one, but even in those places, many employers—banks, title companies, law firms—will not hire you without one. The bond is proof you have skin in the game.
Key Takeaways
- A surety bond is required by most states before you can be commissioned as a notary, and the bonding company will pay claims if you violate notary law or harm someone through your work.
- You pay a one-time premium (usually $75 to $200) to buy the bond, which then covers you for your entire commission term, typically four years.
- If someone files a claim and wins, the bonding company pays them, and you owe the bonding company back every dollar they paid out plus their investigation costs.
- The bond amount varies by state—some require $500, others $10,000 or more—so check your state's notary board website to find the exact amount your state mandates.
- You renew the bond when you renew your notary commission, usually at the same cost or slightly higher depending on claims history.
How much a surety bond costs and what it covers
The premium you pay for a notary surety bond is typically $75 to $200 for a four-year term, depending on your state and the bonding company. This is a one-time cost that covers your entire commission period. You do not pay monthly or annually—you buy it once, and it stays in force until your commission expires.
The bond amount itself (the money the bonding company promises to pay out) is set by your state, not by you. Most states require $500 to $10,000. A few require $15,000. Check your state's notary board or secretary of state website to find the exact amount your state mandates. The premium you pay is a small percentage of that total bond amount—usually 5 to 15 percent.
The bond covers claims related to your notarial duties: forged signatures, notarizing documents you should not have, failing to verify identity, losing your journal, or any other breach of notary law that causes financial harm to someone. It does not cover things unrelated to your notary work, like a car accident or a contract dispute with a client.
Who requires a notary bond and when you need to buy one
Your state's notary board or secretary of state requires the bond before you can be commissioned. You typically buy the bond before you submit your commission process, because the process asks for proof that you have one. Some states let you buy it after you are approved but before you take office; check your state's specific rules on the notary board website.
A few states—including Florida and South Carolina—do not legally require a notary bond. However, many employers still ask for one anyway. Banks, title companies, and law firms often require their notaries to carry a bond even if the state does not mandate it, because it protects the employer if something goes wrong.
When you renew your commission (usually every four years), you will need to renew your bond as well. The renewal process is the same as the initial purchase: you contact a bonding company, pay the premium, and submit proof of the new bond with your renewal process.
What happens if someone files a claim against your bond
If a person believes you violated notary law and caused them financial harm, they can file a claim against your surety bond. They do not sue you directly—they go to the bonding company with evidence of the harm. The bonding company investigates the claim, and if they determine it is valid, they pay the claimant up to the full bond amount.
Once the bonding company pays a claim, you are responsible for reimbursing them every dollar they paid out, plus their investigation costs and legal fees. This can easily exceed the original claim amount. For example, if someone wins a $5,000 claim, you might owe the bonding company $5,500 or more after fees. You are also responsible for any additional claims up to the bond limit during the same commission term.
A claim against your bond does not automatically end your commission, but it is a serious matter. Your state's notary board may investigate separately and could suspend or revoke your commission based on the underlying violation. The bonding company may also refuse to renew your bond when your commission term ends, which would prevent you from renewing your commission in most states.
How to buy a notary surety bond
Contact a bonding company that writes notary bonds in your state. Many national companies offer them—you can search online for "notary surety bond" plus your state name. You will also find bonding companies listed on your state's notary board website or secretary of state office.
When you contact a bonding company, have your state's notary requirements ready: the bond amount required, your commission term length (usually four years), and any other details your state specifies. The bonding company will quote you a premium, process your process (usually just a few questions about your background), and issue the bond within a few days.
You will receive a physical bond certificate or a digital copy. Your state's notary board will ask you to submit this as proof when you explore for your commission. Keep a copy for your records and give the original to your state as required.
The difference between a surety bond and errors and omissions insurance
A surety bond and errors and omissions (E&O) insurance are different products that serve different purposes. A surety bond is required by the state and protects the public—if you make a mistake, the bonding company pays the person harmed. Errors and omissions insurance is optional and protects you—if you are sued, your insurance company pays your legal defense and any judgment against you.
Many notaries carry both. The surety bond satisfies the state requirement and protects your clients. E&O insurance protects you from the financial impact of a lawsuit. Some notaries who work independently or handle high-volume notarizations choose to buy E&O insurance in addition to the required bond for extra protection.
You cannot use E&O insurance to replace a surety bond. Your state will not accept it as proof of bonding, and it does not meet the legal requirement. If your state requires a bond, you must have one.
Frequently Asked Questions
Can I get a notary commission without a surety bond?
In most states, no—the bond is required before you can be commissioned. Florida and South Carolina do not legally require one, but even there, many employers require it anyway. Check your state's notary board website to see if your state mandates a bond.
What happens if I let my bond expire?
Your notary commission will expire along with it. When your commission term ends, you must renew both your commission and your bond to keep working as a notary. If you do not renew the bond, you cannot renew your commission.
Can I change bonding companies?
Yes. When your bond term ends, you can buy a new bond from a different company. You are not locked into one bonding company. Just make sure the new bond is in place before your old one expires, and submit proof of the new bond to your state when you renew your commission.
Does a claim against my bond show up on a background check?
A claim may be recorded with your state's notary board, and some background checks include notary records. It depends on the background check company and what records they access. If you are concerned, contact your state's notary board to ask what is public record.
What if the bond amount my state requires is very high?
You still have to buy it—it is a legal requirement. The premium you pay is usually only 5 to 15 percent of the bond amount, so even a $15,000 bond typically costs $150 to $250 for four years. This is a one-time cost of doing business as a notary.