Requirement: Before a person can act as a notary, he/she must file a $1,000.00 surety bond, the notary commission and a $10.00 filing fee with the Secretary of State. The notary bond must be signed by one or more sureties and be approved by the Secretary of State. It must be written for a term of four years covering the same time period as the notary commission.

Error and Omissions Insurance Protects the Notary

What is Errors and Omissions insurance? Protection against errors and omissions for acts committed while acting in the capacity of a notary public. Notarial lawsuits are becoming more common every day. Even if the suit is not valid, you can incur thousands of dollars in legal fees while defending yourself. Can you afford a costly lawsuit? You need to protect your notarial acts just as you protect your home, car and other personal effects with insurance. Notary Public Errors and Omissions Insurance is your only safeguard against costly lawsuits.

Through Western Surety Company, we can offer you a low cost Errors and Omissions insurance policy for your protection. It features:

  • No Deductible
  • Fewer exclusions than similar policies sold by other companies.
  • Coverage of defense costs, subject to policy provisions.
  • Policies may be purchased at a nominal premium with various limits.
  • The term of the policy is the same as your notary commission.


Recently a notary witnessed signatures in a real estate transaction which later proved to be forgeries. Even though she was acting on instructions from her boss, that notary was held liable for $5,000 in damages and $2,493 in court costs.

A notary was sued for allegedly affixing her seal to a forged signature on a certificate of title. Although judgement was finally rendered in favor of the notary, she incurred $560 in legal fees.

Claimant loaned $15,000 to a married couple. The couple went through a divorce, and it was proven that the acknowedged signature of the wife on a deed to trust was a forgery. The insurer paid $9,900 settlement on this policy and incurred attorney fees of $450.