What Is a Notary Bond?
The Essential Guide to Prevent Risk
What is a Notary Bond? Discover the importance of notary bonding, how to get one, and ways to prevent risk in this easy guide.
Have you ever wondered why notary bonds are so important?
They are more than just a legal requirement.
They are a safety net, protecting the public from potential notary misconduct.
In this post, we’ll delve into the world of notary bonds, shedding light on their significance and how they can safeguard your transactions. Stay tuned to discover how this knowledge can empower you in your dealings with notaries.
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What Is a Notary Bond?
A notary bond is a financial guarantee designed to protect the public. It ensures that a notary will perform their duties ethically and lawfully. If a notary fails to do so, the bond compensates the aggrieved party for their loss.
Who Needs a Notary Bond?
A notary bond is required for individuals who are commissioned as notaries public. This includes lawyers, real estate agents, and other professionals who authenticate documents. It’s a crucial requirement in many states to ensure ethical conduct in notarial acts.
Why Does a Notary Need a Surety Bond?
A notary needs a surety bond to ensure they adhere to the law while performing their duties. The bond acts as a financial guarantee, protecting the public from potential misconduct or negligence by the notary. If a notary fails to perform their duties correctly, the surety bond can be used to compensate any person harmed as a result. It essentially holds the notary accountable for their actions.
How Do Notary Bonds Work?
Notary bonds involve three key parties: the Principal, the Obligee, and the Surety. Each plays a unique role in the functioning of the bond.
Principal
- The Principal is the notary public. They are responsible for purchasing the bond and fulfilling the obligations outlined in the bond.
Obligee
- The Obligee is the party protected by the bond. In the case of notary bonds, this is typically the public or the state requiring the bond.
Surety
- The Surety is the insurance company that issues the bond. They provide the financial guarantee that the Principal will fulfill their obligations.
How to Get a Surety Bond for Notary
Obtaining a surety bond for notary involves a series of steps.
Here’s a concise guide to help you navigate the process:
- Check Your State’s Bonding Requirements
- Each state has its own requirements for notary bonds. Check with your state’s notary public administrator for specific details.
- Choose a Reputable Bonding Company
- Select a bonding company that is reputable and recognized by your state. They should have a solid track record and good customer service.
- Apply for a Notary Bond
- Fill out the application provided by the bonding company. This typically includes personal information and details about your notary commission.
- Pay the Notary Surety Bond Fee
- The fee varies depending on the bond amount required by your state. Once paid, the bonding company will issue the bond.
- Receive Your Notary Bond Certificate
- The bonding company will provide you with a notary bond certificate. This is proof that you have met the bonding requirements.
- File the Notary Bond with Your State
- Submit your notary bond certificate to your state’s notary public administrator. This is usually done by mail or in person.
- Receive Your Notary Commission
- Once your bond is approved, you’ll receive your notary commission from the state. This officially authorizes you to perform notarial acts.
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How Much Does a Notary Bond Cost?
A Texas Notary bond will cost $50. The secretary of state charges a $21 filing fee. With TMD you will have the option to also purchase E&O insurance, your stamp, and a notary journal at an additional cost.
How Long Is a Notary Bond Good For?
A Texas Notary bond carries a term of four years.Â
Notary Bond vs E&O Insurance
What's the Difference?
Notary Bond and E&O (Errors and Omissions) Insurance serve different purposes.
A Notary Bond protects the public from financial harm due to a notary’s misconduct or negligence, and the notary is required to reimburse the bond if a claim is made.
On the other hand, E&O Insurance protects the notary from financial loss due to unintentional mistakes or false claims. It covers legal defense, claim, legal fees, and court costs up to the policy coverage amount, and it requires no repayment of losses.
While Notary Bonds are usually required by the state, E&O Insurance is elective.
How to Avoid Claims Against a Notary Bond?
Not having a notary bond can expose a notary to several risks.
Here are the five potential consequences:
- Legal Consequences
- Without a bond, a notary may face legal penalties if they fail to perform their duties correctly.
- Financial Liability
- A notary could be held financially responsible for damages caused by their negligence or misconduct.
- Loss of Commission
- Notaries without a bond may lose their commission, as many states require a bond for notary commission.
- Reputation Damage
- Not having a bond could harm a notary’s professional reputation, as it may suggest a lack of commitment to ethical conduct.
- Public Mistrust
- The public may be less likely to trust a notary who doesn’t have a bond, as the bond provides a level of assurance to the public.
FAQs About Notary Bonds
 You can purchase a surety bond for notary from any insurance or bonding company that sells surety bonds and is licensed to do business in your state. TMD Surety Bonds is your one stop shop for Notary bonds and supplies.
A bond rider is a legal method of modifying or updating information on a surety bond that is still in effect.
Remote Online Notarization (RON) is a digital process that allows documents to be notarized in electronic form with the signer appearing before a notary online via audio-video technology. Please visit our Notary Hub portal using the link provided.