Oath and Bond Requirements

Your commission certificate just arrived in the mail—exciting! But you're not done yet. Before you can legally perform a single notarization, you must complete two critical steps: take your oath of office and file your surety bond. Miss the deadline, and your commission expires before it starts.

This is one of the most tested areas on the exam, particularly the distinction between who the bond protects and the filing deadline.

The $15,000 Surety Bond

Every California notary must obtain a $15,000 surety bond from an authorized surety company. Understanding this bond is critical—both for the exam and for your protection.

What Is a Surety Bond?

A surety bond is a three-party agreement:

1. Principal (You) - The notary who must perform duties properly
2. Obligee (The Public) - Those protected if the notary causes harm
3. Surety (Bonding Company) - The company that pays valid claims

Purpose of the Bond

This is the most frequently tested concept about bonds:

Critical Distinction: If someone suffers a loss due to your notarial misconduct and the bonding company pays a claim, the bonding company will seek reimbursement from you. The bond is not insurance for you—it's a financial guarantee to the public.

Real-World Example: Suppose you notarize a deed for someone who impersonated the property owner. The real owner suffers $50,000 in losses. They can file a claim against your bond for up to $15,000 AND sue you personally for the remaining $35,000 (and potentially the full amount).

Bond Requirements

Filing Your Oath and Bond

The 30-Day Deadline

You must file your oath of office and surety bond with the county clerk within 30 days of the commencement date on your commission certificate.

Not the date you received the certificate—the date printed on it as the start date!

Where to File

What to File

When you visit the county clerk's office, bring:

1. Your commission certificate - Shows your commission dates
2. Original surety bond - Not a copy; the original signed bond
3. Valid photo ID - To verify your identity when taking the oath
4. Filing fee - Varies by county

Taking the Oath

The oath of office must be administered by an authorized official. Most people have the county clerk administer it at the same time they file their bond—efficient and convenient.

The oath binds you to uphold the Constitution and perform your notary duties faithfully.

Consequences of Missing the Deadline

If you fail to file your oath and bond within 30 days:

• Your commission becomes invalid
• You must reapply completely—new exam, new application, new fees
• There is no grace period and no exceptions

Errors and Omissions Insurance

While the surety bond is required, Errors and Omissions (E&O) insurance is optional—but highly recommended.

Bond vs. E&O Insurance

Why E&O Insurance Matters

Even honest mistakes can lead to lawsuits. E&O insurance:

• Pays for your legal defense costs
• Covers settlements or judgments against you
• Protects your personal assets
• Provides peace of mind

Real-World Example: You accidentally notarize a document without properly verifying the signer's identity. The signer turns out to be a fraud. You're sued for $100,000. With E&O insurance, your insurer defends you and covers any settlement. Without it, you pay out of pocket for lawyers and any judgment.

On the Exam

Expect 3-5 questions on oath and bond requirements. Key points tested:

• Bond amount: Exactly $15,000
• Bond protects: The PUBLIC, not the notary
• Filing deadline: 30 days from commission commencement date
• Where to file: County of principal place of business (or residence)
• E&O insurance: Optional, but recommended; protects the notary
• If deadline missed: Commission becomes invalid; must start over