Brief Summary
Arizona requires a $5,000 surety bond before the Secretary of State will issue your notary commission. This package pairs that bond with $10,000 of errors and omissions coverage, which the state does not require but which pays for your defense and covered claims if a signer says you made a mistake. The bond protects the public. The E&O policy protects you.
Under A.R.S. 41-269(D), every applicant for an Arizona notary commission must submit a $5,000 surety bond to the Secretary of State before the commission is issued. The bond must be on the form the Secretary of State prescribes, must cover the full four year commission, and must be written by a surety authorized in Arizona. The $10,000 E&O coverage in this package is optional and is not filed with the state.
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Detailed Information About the Arizona $5,000 Notary bond with E&O Coverage of $10,000 Bond:
What the state requires
Arizona calls the notary bond an assurance. A.R.S. 41-269(D) says that before a commission is issued, the applicant must submit to the Secretary of State a surety bond in the amount of $5,000, issued by a surety or other entity licensed or authorized to do business in Arizona and in the form prescribed by the Secretary of State. The commission runs four years under 41-269(E), and the bond has to cover acts performed during that whole term.
A notary may perform notarial acts only while a valid bond is on file. If the surety cancels, it must give the Secretary of State thirty days notice first. An employer cannot cancel the bond of a notary employee who leaves the job.
Bond versus E&O
The two pieces of this package do different jobs. The $5,000 bond protects people harmed when a notary violates Arizona notary law. If the surety pays a claim, it looks to the notary for repayment, and it must report the payment to the Secretary of State within thirty days. The $10,000 errors and omissions policy is insurance for the notary. It responds to covered claims of honest mistakes and does not have to be repaid. Arizona does not require E&O, but a single disputed signature can cost more to defend than the bond itself.
Who can apply
Under 41-269(B) an applicant must be at least eighteen, a U.S. citizen or permanent legal resident, an Arizona resident for income tax purposes who claims an Arizona primary residence on tax returns, able to read, write and understand English, not disqualified under 41-271, and must keep a reference manual approved by the Secretary of State. An oath of office is also submitted before the commission issues.