A surety bond is a financial may provide that protects the public if a notary acts dishonestly or breaks the law
A surety bond for notary public is a contract between three parties: you (the notary), an insurance company (the surety), and your state. The surety promises to pay money — usually between $500 and $15,000 depending on your state — if you commit fraud, lose documents, fail to keep records, or otherwise harm someone through negligence in your notary work. You buy the bond before you get your notary commission, and you keep it active for as long as you hold the commission.
The bond does not insure you. It insures the people who use your services. If a customer sues because you notarized a signature you should not have, or lost a document, or failed to record a journal entry, the surety pays the claim up to the bond amount — and then comes after you for reimbursement. The bond exists because notaries have legal power: they can certify that a person is who they say they are, that they signed willingly, and that they understood what they were signing. That power can be abused, and the bond is the financial backstop.
Key Takeaways
- Every state except a few require notaries to carry a surety bond before they receive their commission.
- The bond amount varies by state, typically ranging from $500 to $15,000, and you pay the premium once every four years when you renew.
- The surety company pays claims on your behalf, then bills you for the full amount plus interest and legal costs.
- You can buy a bond from any surety company licensed in your state; the cost usually falls between $50 and $300 for a four-year term.
Which states require a notary surety bond
Most states require a surety bond. The exceptions are few: Vermont does not require one, and South Carolina does not require one for notaries who work for the government. A handful of other states have optional bonding — you can choose to carry one, but it is not mandated. Your state's notary division (usually part of the Secretary of State's office) publishes the exact requirement and the minimum bond amount.
Some states allow you to post cash instead of buying a bond — you deposit the bond amount directly with the state rather than paying a surety company. This is rare and usually more expensive than buying a bond, because you tie up cash that could be used elsewhere. Most notaries buy a bond from a surety company instead.
How much a surety bond costs and how long it lasts
The cost of a notary surety bond is typically $50 to $300 for a four-year term, depending on your state and the bond amount required. A state that requires a $500 bond will cost less than a state that requires a $10,000 bond. The surety company sets the premium based on the risk they are taking on — a higher bond amount means higher cost.
You renew the bond when you renew your notary commission. Most states issue commissions for four years, so you buy a new bond every four years. Some states use two-year or six-year terms. The bond must be in place before you submit your commission process, and it must remain active for the entire term of your commission. If the bond lapses, your commission is suspended until you renew it.
Where to buy a notary surety bond
You can purchase a surety bond from any surety company licensed to do business in your state. Common providers include Notary Rotary, National Notary Association, Surety.com, and local insurance agents. You do not have to use a specific company — shop around and compare quotes. The bond itself is the same regardless of which company issues it; what differs is the premium they charge.
Most surety companies let you buy a bond online. You fill out an process, pay the premium by credit card or bank transfer, and receive the bond document by email within one to three business days. Print it and keep a copy with your notary records. Some states require you to file a copy with the Secretary of State; check your state's rules.
What happens if someone files a claim against your bond
If a customer believes you acted dishonestly or negligently — for example, you notarized a signature without checking ID, or you lost a document — they can file a claim with your surety company. The surety investigates the claim, just as an insurance company would. If they find the claim valid, they pay the customer up to the bond amount.
Once the surety pays a claim, they will bill you for the full amount plus interest and legal costs. You are legally responsible for repaying the surety. If you do not pay, the surety can sue you or report the debt to a collection agency. A claim against your bond does not automatically end your commission, but it may trigger a state investigation into your notary conduct. Depending on what the investigation finds, your commission could be suspended or revoked.
The difference between a surety bond and errors and omissions insurance
A surety bond and errors and omissions (E&O) insurance are not the same thing, though some notaries carry both. A surety bond protects the public; E&O insurance protects you. If you are sued, E&O insurance pays your legal defense and any judgment against you. A surety bond pays the other party directly, and then you owe the surety.
E&O insurance is optional in every state. It costs $200 to $500 per year and is worth considering if you notarize frequently or handle high-value documents. A surety bond is mandatory in most states and is a condition of holding a commission. You cannot work as a notary without one.
What to do if your bond lapses or you need to replace it
If your bond expires and you do not renew it before the expiration date, your notary commission is automatically suspended. You cannot perform notary acts until the bond is reinstated. To reactivate your commission, buy a new bond, file it with your state (if required), and notify the Secretary of State that your bond is current again.
If your surety company goes out of business or cancels your bond, you have a grace period — usually 30 days — to buy a replacement bond. Check your bond document for the cancellation clause, which explains the notice period. Do not wait until the last day; buy a new bond as soon as you learn the old one is being cancelled.
Frequently Asked Questions
Can I get a notary commission without a surety bond?
In most states, no. The bond is a requirement before you submit your commission process. Vermont and South Carolina are the main exceptions. Check your state's Secretary of State website to confirm whether a bond is required in your state.
What if I cannot afford the bond premium?
The premium is usually $50 to $300 for four years, which works out to $12 to $75 per year. If cost is a barrier, contact surety companies directly and ask about payment plans or discounts. Some offer lower rates for first-time notaries or for bulk purchases if you are commissioning multiple notaries.
Does the surety bond cover me if I make an honest mistake?
The bond covers negligence, which includes honest mistakes if they cause harm. For example, if you notarize a document without checking the signer's ID and the document is later used fraudulently, the bond covers the claim even though you did not intend to commit fraud. However, the surety will investigate to determine whether your conduct was negligent or straightforward unlucky.
What happens to my bond if I let my notary commission expire?
Once your commission expires, you no longer need the bond. You can let it lapse or cancel it. If you decide to become a notary again later, you will need to buy a new bond before you reapply for your commission.
Can I switch surety companies mid-term?
Yes. You can cancel your current bond and buy a new one from a different company at any time. Some surety companies offer refunds for unused portions of the premium if you cancel early; others do not. Check the cancellation terms before you buy. You must have a bond in place at all times while your commission is active, so buy the new bond before you cancel the old one.