California Notary Bond
What Is a Notary Bond?
A notary bond is a type of surety bond required by the state of California for anyone appointed as a notary public. The bond protects the public (not the notary) from financial harm caused by the notary’s mistakes or misconduct during the performance of notarial acts. Without a bond on file, your commission is not valid.
If a notary makes an error that causes someone a financial loss, the injured party can file a claim against the bond to recover damages up to the bond amount. The surety company pays the claim, and the notary must repay the surety company in turn. The bond does not protect the notary’s wallet. It protects the public from the notary.
How Much Is the California Notary Bond?
California law (Government Code §8212) requires a $15,000 surety bond for all notary applicants. The amount is fixed statewide and does not vary by county. This is the maximum amount available to the public per claim against the notary. If damages exceed $15,000, the injured party would need to pursue the notary directly for the remainder.
For a breakdown of all the costs involved in becoming a notary, see our guide on how much it costs to become a notary in California.
How Much Does the Bond Premium Cost?
The bond amount is $15,000, but you don’t pay $15,000. You pay a premium, typically between $30 and $60 for the full four-year term, to a surety company that issues the bond. The exact premium depends on the provider and whether you bundle it with other items.
Our notary supplies partner is licensed to offer surety bonds as well as errors and omissions insurance.
How to Get a California Notary Bond
You obtain a notary bond through a surety company licensed to do business in California. Fill out an application, pay the premium, and the surety company issues the bond. Most notary supply companies and bonding services offer the bond as part of a package with your stamp and journal.
The application is simple. You provide your name, commission number (if you have one), and contact information. There is no credit check for a standard notary bond. The surety company is not evaluating your financial health. They are issuing a regulated product at a fixed price.
When Do You File the Bond?
You file the bond after your notary application is approved and you receive your commission packet from the Secretary of State. You must take the bond and your oath of office to the county clerk’s office within 30 calendar days of your commission start date. If you miss this deadline, your commission is voided and you have to start the entire process over.
The filing itself takes about 15 minutes at most county clerk offices. You present your commission packet, bond, and take the oath of office. The clerk records the bond and gives you a certified copy. Some counties require an appointment. Check your county clerk’s website for hours and requirements before you go.
After filing at the county clerk, you can order your notary stamp and begin performing notarizations.
What Happens When a Claim Is Filed
If someone suffers a financial loss because of a notary’s mistake or misconduct, they can file a claim against the bond. The process works like this:
- The injured party contacts the surety company that issued the bond and submits a claim with supporting documentation.
- The surety company investigates the claim. They may contact the notary for their side of the story.
- If the claim is valid, the surety company pays the injured party up to $15,000.
- The notary must repay the surety company for the full amount paid out. This is not optional. The surety company can pursue collection.
This is why the bond is not insurance for the notary. You are on the hook for every dollar paid out. This is also why many notaries carry errors and omissions insurance in addition to the bond. E&O covers you. The bond covers the public.
What Happens If You Don’t Have a Bond?
You cannot become a notary public in California without a bond. The Secretary of State will not issue a commission to an unbonded applicant. Without a bond, you can’t notarize anything or charge any notary fees.
Does the Bond Protect the Notary?
No. This is a common misunderstanding. The bond protects the public. If a claim is paid out against your bond, you are responsible for repaying the surety company. The bond is a guarantee to the state that members of the public can recover damages. It is not insurance for you.
How Long Does the Bond Last?
The bond runs for the same four-year term as your notary commission. When you renew your commission, you’ll need to obtain a new bond as part of the renewal process.
Surety Bond vs. Errors and Omissions Insurance
These serve different purposes:
- Surety bond: Required by the state. Protects the public from notary misconduct. If a claim is paid, you repay the surety company.
- Errors and omissions (E&O) insurance: Not required by the state. Protects you from the financial consequences of honest mistakes. If a claim is made against you, the insurance covers legal defense costs and damages up to your policy limit.
Most experienced notaries carry E&O insurance because even careful notaries can face claims. Policies are relatively inexpensive and can save you from significant out-of-pocket costs. For more on notary insurance, see our post on understanding notary insurance in California.
Frequently Asked Questions
How much is the California notary bond?
California requires a $15,000 surety bond, set by Government Code section 8212. The amount is fixed statewide and does not vary by county.
Does the bond protect the notary?
No. The bond protects the public from financial harm caused by the notary. If a claim is paid against your bond, you must repay the surety company. For personal protection, notaries can purchase errors and omissions insurance.
How much does the bond premium cost?
The premium typically costs between $30 and $60 for the full four-year term. You pay the premium to a surety company. You do not pay the full $15,000.
When do I file the notary bond?
You file the bond at your county clerk’s office within 30 calendar days of your commission start date, along with your oath of office. If you miss this deadline, your commission is voided.
What is the difference between a surety bond and E&O insurance?
A surety bond is required by the state and protects the public. Errors and omissions insurance is optional and protects you from the financial consequences of honest mistakes.
