Within 45 days after the date of his/her appointment, a notary public is required to execute a $25,000 bond. The notary bond, an oath of office and the notary commission must be recorded in the office of the recorder of deeds of the county in which the notary public maintains an office. This must occur within 45 days of appointment and before the notary begins notarizing.
Notary surety bonds are contracts wherein the surety (an insurance company authorized to do business in Pennsylvania) has agreed to pay losses, up to $25,000, caused by the failure of the notary public to faithfully perform the duties and responsibilities of a notary public. A surety bond is intended to protect the customer from financial loss, not the notary. A notary public may perform notarial acts in this Commonwealth only during the period in which a valid bond is on file. The notary public bond must be executed by an insurance company authorized to do business in this Commonwealth; cover acts performed during the term of the notary public commission; and be in the form prescribed by the Department of State.
A duly authorized surety company is any insurance company authorized to do business in this Commonwealth by the Pennsylvania Insurance Department. Many approved notary education providers offer additional services to notaries, such as bonds, errors and omissions insurance, and notary equipment (including seals and journals). The Department of State does not regulate these additional services. Notaries public may obtain a bond from any insurance company authorized to issue bonds in Pennsylvania.
The bond is conditioned for the faithful performance of the duties of the office of notary public. If a notary public violates law with respect to notaries public in this Commonwealth, the surety or issuing entity is liable under the bond.
A corporate surety charges a fee for the bond and the surety (and not the notary public) completes the bond form. As noted earlier, the notary bond (as well as the commission and oath of office) must be recorded in the office of the recorder of deeds of the county in which the notary public maintains an office within 45 days of the beginning of the term upon appointment or reappointment. If the 45-day deadline is missed, the commission becomes null and void and the notary will need to reapply for appointment to the Department of State and obtain a new bond.
An executed bond is for the protection of the notary public's customer and a notary public must repay to the surety company any amount paid to the customer on the notary’s behalf. Therefore, a notary public may also wish to purchase errors and omissions insurance for the notary’s protection in the event that the notary public commits a negligent act or makes an error or omission while acting in his/her official capacity. Errors and omissions insurance is not required in order to obtain or maintain a Pennsylvania notary commission. A $25,000 bond is required to get and keep a Pennsylvania notary commission.