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California requires the $15,000 bond. It does not require the $10,000 errors and omissions policy bundled with it, and that policy is the part that works for you. The bond exists to pay people a notary harms, and the surety then looks to the notary for repayment. E&O is insurance written for claims over notarial mistakes. One order gets you the bond the county clerk needs plus coverage for your own exposure.
Government Code 8212 requires every person appointed a California notary public to execute a $15,000 official bond from an admitted surety insurer, and a deposit in lieu of bond is not accepted. The bond and oath of office are filed with the county clerk where the notary's principal place of business is located within 30 days of the commission start date. This package adds $10,000 of errors and omissions coverage, which state law does not require.
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Government Code 8214 makes a notary and the sureties on the notary's official bond liable in a civil action to anyone injured by the notary's official misconduct or neglect, for all damages sustained. When a surety pays a claim on the $15,000 bond, it turns to the notary to be repaid. The bond is a promise made to the public. It is not insurance for the person who buys it.
Government Code 8212 calls for the $15,000 bond and says nothing about errors and omissions insurance. The E&O policy in this package is optional coverage for the notary, written for claims that come out of mistakes in a notarial act. Its limits, terms and exclusions are set by the policy itself. Notaries who handle real estate or loan documents tend to think about this first, because one bad acknowledgment can lead to a claim and the bond is not there to pay the notary's side of it.
No later than 30 days after the beginning of the term in the commission, the notary files the bond and an oath of office with the county clerk in the county of the principal place of business (Government Code 8213). The commission does not take effect if this is not done within the 30 days, and the Secretary of State says the period cannot be extended. The county clerk sends a certificate to the Secretary of State and delivers the bond to the county recorder for recording. Only the bond and oath go to the clerk. The E&O policy stays with your records.
A California commission runs four years from the date in the commission (Government Code 8204). After a name change, the notary files a new oath and an amendment to the bond with the county clerk within 30 days of the amended commission. A notary who moves the principal place of business to another county may file a new oath with a new bond, or a duplicate of the original bond, in the new county.
No. Government Code 8212 requires the $15,000 official bond. Errors and omissions coverage is something a notary chooses to carry for personal protection.
The bond is there for the injured person. Under Government Code 8214 the notary and the sureties are liable for the damages, and a surety that pays a claim seeks reimbursement from the notary. The E&O policy is the part written to respond for the notary, according to its terms.
The commission does not take effect. The Secretary of State says the 30 day period cannot be extended and recommends filing in person when timing matters. Order the bond as soon as the commission arrives.
No. Government Code 8213 calls for the official bond and the oath of office. Keep the E&O policy and declarations page with your own records.
It is tied to the commission, and a California commission runs four years from the date specified in it. A new appointment needs a new bond and oath filing.
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