A notary surety bond is a state-required financial guarantee that pays members of the public if you harm them through a notarial mistake or misconduct, and then requires you to reimburse the bonding company for whatever it paid. Roughly 30 states and the District of Columbia require one before issuing a notary commission, with face amounts ranging from $500 to $50,000 depending on the state. The bond protects the public, not you.
How the Three-Party Structure Works
A surety bond involves three parties. You are the principal. Your state (or its commissioning authority) is the obligee, meaning the party that requires the bond. The surety is the bonding company that issues it and stands behind it financially.
If a claim is filed and found valid, the surety pays the harmed person up to the bond’s face amount. Then it turns to you for full reimbursement, including any legal and investigation costs it incurred along the way.1National Notary Association. Notary Surety Bonds FAQs The indemnity agreement you sign when you buy the bond is what makes that reimbursement obligation enforceable.
That’s the fundamental difference between a bond and insurance. Insurance absorbs the loss. A bond fronts the money and expects it back.
The Bond Protects the Public, Not You
If someone suffers a financial loss because of something you did or failed to do during a notarization, that person can file a claim against your bond. The bonding company investigates, and if the claim has merit, it pays the claimant up to the full bond amount.1National Notary Association. Notary Surety Bonds FAQs
You then owe that money back. If a $10,000 claim gets paid on your bond, you owe the surety $10,000, plus its costs. The bond provides no financial protection for the notary.
Where Errors and Omissions Insurance Fits In
Because the bond leaves you fully exposed, many notaries also buy errors and omissions (E&O) insurance. E&O runs in the opposite direction: it covers the notary. It can help pay your legal defense costs and any settlement or judgment when a client sues over an unintentional mistake, or when a claim against you turns out to be false.2National Notary Association. Differences between E&O and Bonds
E&O is not required in most states, but it fills the gap the bond leaves open. Notaries who handle higher-stakes work — real estate closings, loan signings, powers of attorney — have the most reason to carry both.
Which States Require a Notary Bond and for How Much
Around 30 states and the District of Columbia require a surety bond as a condition of being commissioned. States that do not require one include Colorado, Georgia, Massachusetts, New York, Oregon, and Virginia, among others.
Face amounts vary a lot. Some states set the requirement as low as $500 or $1,000. Alabama requires $50,000. Most states that require bonds land in the $5,000 to $15,000 range. Your state’s secretary of state website lists the exact amount for your commission.
If your state doesn’t require a bond, you still have personal exposure. A harmed person can sue you directly. The bond doesn’t create liability; it just guarantees a source of payment.
Some states impose a separate or higher bond amount for remote online notarization. Florida, for example, requires a $7,500 bond for traditional notaries and $25,000 for remote online notaries. If you plan to offer online notarization, check whether your state adds a second requirement.
What a Notary Bond Costs
The premium is a small fraction of the face amount. A $5,000 bond typically costs $35 to $100. A $10,000 bond runs roughly $60 to $150. A $25,000 bond might run $80 to $180. That premium covers your full commission term, which is usually four years depending on the state.
Notary bonds generally don’t require a credit check. The risk to the surety is low enough that most offer a flat rate regardless of credit history, so the application is fast. Some states also charge a filing fee when you submit the bond, typically under $50.
How to Get One
You buy the bond from an insurance company or a specialized surety bond provider, either online or through an agent. The application asks for your name, address, the state where you’re seeking your commission, and basic identification. Most applicants are approved and receive the bond the same day.
Then you file it with your state’s commissioning authority — the secretary of state in some states, the county clerk in others. Filing the bond is one step in a broader process that usually also includes an application, state fees, and in some states a training course or exam. The bond has to stay active for your entire commission. If it lapses, your authority to notarize lapses with it.
What Happens When Someone Files a Claim
Claims usually come from a short list of errors: notarizing without properly identifying the signer, notarizing when the signer wasn’t present, charging above the state’s maximum fee, or an error or omission that caused financial harm.1National Notary Association. Notary Surety Bonds FAQs
The claimant contacts the surety, whose information the state commissioning office can provide. The surety reviews your notarial journal, the documents involved, and the circumstances. If the claim is valid, it negotiates a settlement or pays out up to the face amount.1National Notary Association. Notary Surety Bonds FAQs
Then the surety bills you. You owe every dollar it paid the claimant plus its investigation and legal costs. A paid claim can also prompt a review of your commission and, in some states, suspension or revocation. Most claims come from sloppy recordkeeping or skipped identification steps rather than intentional fraud, so a careful journal and consistent ID procedures are your best defense.