Surety Bond Encyclopedia

$10,000 Notary bond with E&O Coverage of $10,000 Bond - Statewide in Texas

Brief Summary

Texas only requires the $10,000 bond, and that bond protects the people you notarize for, not you. The $10,000 errors and omissions policy bundled here is the piece that protects your own pocket if a signer says your mistake cost them money. One application covers both, and the surety completes the Proof of Bond form you need for the Secretary of State application.

Every Texas notary public, other than one whose notary work is performed primarily as a state officer or employee, must execute a $10,000 bond with a solvent surety company authorized to do business in Texas before taking office (Tex. Gov't Code 406.010). This package pairs that required bond with a $10,000 errors and omissions policy. The Secretary of State describes E&O as additional insurance that protects the notary, not the public, so it is your choice and not a filing requirement.

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How to Apply for a $10,000 Notary bond with E&O Coverage of $10,000 Bond:

Pass the Secretary of State notary education requirement in the SOS Notary Portal within 90 days of paying for it.
Apply for the $10,000 notary bond and the $10,000 E&O policy using your name exactly as it will appear on the commission.
Receive the completed Proof of Bond form 2301-B from the surety with your bond number.
Submit the traditional notary application online to the Texas Secretary of State with the bond details.
Pay the $21 in state fees: $10 bond filing, $1 investigator fund and $10 commission fee.
Calendar the four year expiration and reapply no earlier than 90 days before it.

Detailed Information About the Texas $10,000 Notary bond with E&O Coverage of $10,000 Bond:

The bond and the E&O policy do different jobs

Most new notaries assume the bond covers them. It does not. The Texas Secretary of State describes the notary bond as a promise to pay for any financial loss due to the actions of a notary, and states plainly that an errors and omissions policy is additional insurance purchased by the notary to protect the notary, and not the public. The bond on this page is the one the law requires. The $10,000 E&O policy rides alongside it for your own protection.

What the statute requires

Texas Government Code 406.010 requires each person appointed a notary to execute a $10,000 bond with a solvent surety company authorized to do business in Texas before entering the duties of the office. The bond is deposited with the Secretary of State. It is not void on first recovery and can be sued on by injured parties from time to time until the full $10,000 has been recovered.

The bond requirement does not apply to a person whose notary services are performed primarily as a state officer or employee. State employee notaries apply through a separate track and cannot notarize for the public.

Eligibility, fees and term

Applicants must be at least 18, a Texas resident, and free of any conviction for a felony or a crime involving moral turpitude (406.004). The Secretary of State collects $10 for approving and filing the bond, $1 for its investigator fund and $10 for the commission (406.007). A commission runs four years from the date you qualify (406.002), and you may apply for reappointment no earlier than 90 days before it expires (406.011).

Education comes first

The Secretary of State requires all applicants and renewing notaries to pass its notary education requirement through the SOS Notary Portal. The course must be finished within 90 days of payment, and that fee is nonrefundable. Your surety then completes the Proof of Bond form 2301-B, which carries your bond number and the surety and agency details for the online application.

Eligibility and Requirements for a Texas $10,000 Notary bond with E&O Coverage of $10,000 Bond:

At least 18 years old and a resident of Texas.
No conviction for a felony or a crime involving moral turpitude.
Bond of exactly $10,000 from a solvent surety company authorized to do business in Texas.
Bond deposited with the Texas Secretary of State.
E&O coverage is your choice under Texas law and protects the notary, not the public.

Texas $10,000 Notary bond with E&O Coverage of $10,000 Bond FAQs:

Does Texas require the E&O policy?

No. Texas Government Code 406.010 requires only the $10,000 bond. The Secretary of State describes errors and omissions coverage as additional insurance the notary buys to protect the notary. Many notaries add it because the bond is there for the public, not for them.

Who can collect on the bond?

A person injured by the notary's conduct can sue on the bond in their own name. Under 406.010 the bond is not void on first recovery and can be sued on from time to time until the whole $10,000 has been recovered.

I work for a state agency. Do I need this bond?

Not if your notary services are performed primarily as a state officer or employee. Section 406.010 exempts that group from the bond. State employee notaries apply on a separate track using the SORM-203 acknowledgement form and cannot notarize for the public.

How long does the commission last?

Four years from the date you qualify. You can apply for reappointment with a new application, but not earlier than 90 days before the expiration date. Renewing notaries must also pass the Secretary of State education requirement.

What do I give the Secretary of State as proof of the bond?

The Proof of Bond form 2301-B, completed by the surety company. It lists your name, the bond number, the surety company, the agency details and an authorized signature, and that information goes into your online application.