Every California notary public has to buy a $15,000 bond from an admitted surety and file it, along with the oath of office, at the county clerk's office within 30 days after the commission starts; otherwise, the commission doesn't take effect.[1][2] Your bond protects the public; it does not protect you. As the Secretary of State's handbook puts it, "the notary public bond is not an insurance policy for the notary public," and the notary may be required to repay the bonding company for claims it pays.[3] Errors and omissions (E&O) insurance is optional in California, and it is the policy that pays your defense and covered damages when a signer or lender says you made a mistake.
This guide is for a new or renewing California notary, including loan signing agents and notaries employed by a business. It covers what the law requires, how the bond and E&O differ, the risks involved, how much E&O coverage to carry and how to buy both. When you're ready, request your notary bond and E&O through our bond request and choose "Don't know" if you aren't sure which bond type to pick.
What does California require of a new notary?
A bond, an oath and a filing deadline. Government Code section 8212 requires every person appointed a notary public to execute "an official bond in the sum of fifteen thousand dollars ($15,000)," executed by an admitted surety insurer and "not a deposit in lieu of bond."[1] Section 8213 provides for filing the bond and oath with the county clerk of the county where your principal place of business is located, "no later than 30 days after the beginning of the term," and the commission "shall not take effect unless this is done within the 30-day period."[2]
Your commission, and therefore the bond, runs for four years.[6] If your employer paid for your bond, the law allows an agreement under which the fees you collect go to the employer.[3]
What is the difference between a notary bond and E&O insurance?
They protect different people:
| Notary bond | Notary E&O insurance | |
|---|---|---|
| Required? | Yes, $15,000[1] | No |
| Protects | The public harmed by your misconduct or neglect[4] | You, the notary |
| Pays | Claimants, up to $15,000 | Your legal defense and covered damages, up to your limit |
| After a claim is paid | The surety can make you reimburse it[3] | The insurer doesn't seek repayment for a covered claim |
| Term | The four-year commission[6] | Usually matched to the commission |
The bond amount is small next to what a notarial mistake can cost. Section 8214 makes the notary and the sureties liable "for all the damages sustained," and the handbook adds that the notary "remains personally liable to the full extent of any damages."[4][3] For example, a forged deed notarized without proper identification can cost the true owner substantially more than $15,000.
What mistakes lead to claims against a notary?
Many problems start with identification and records. The handbook and the laws it reprints set duties that, when missed, lead to losses and penalties:
- Identifying the signer. A notary who fails to obtain the required satisfactory evidence through credible witnesses faces a civil penalty of up to $10,000.[3]
- False certificates. Willfully stating as true a material fact known to be false in a certificate of acknowledgment carries a civil penalty of up to $10,000.[3]
- The journal. A notary must keep one active sequential journal in a locked and secured area, and must take the signer's right thumbprint for deeds, deeds of trust, other documents affecting real property and powers of attorney.[3]
- Fees. The maximum fee is $15 per signature for an acknowledgment and $15 for an oath or affirmation with a jurat.[7]
E&O insurance covers claims alleging negligent errors, such as an incorrect date or a missed thumbprint that lets a fraud through. Civil penalties and intentional wrongdoing are generally outside it.
How much notary E&O should I carry?
Enough for the documents you handle. An office notary who occasionally does acknowledgments faces less risk than a loan signing agent notarizing deeds of trust each week. The biggest potential losses come with real estate documents, because a fraudulent transfer can involve the value of a home. Some signing services and title companies include a minimum E&O limit in their agreements, so check it before you buy.
Buying the bond and E&O together is easiest. RLI Surety's notary package combines the notary bond with errors and omissions coverage, and its larger packages add a self-inking stamp and a notary journal (E&O carries an additional charge in some states).[5] RLI Surety also lists notary bonds and notary E&O among its transactional commercial surety products.[8]
How do I get my notary bond on time?
Work backward from the commission date:
- When the Secretary of State's commission arrives, note the beginning date of the term.
- Buy the $15,000 bond, and the E&O if you want it, right away.
- Take the oath at the county clerk's office or before another notary in that county.
- File the bond and oath with the county clerk within 30 days of the term's start.[2]
- Order your seal and journal once the filing is done.
If you move your principal place of business to another county, you may file a new oath and bond, or a duplicate of the original bond, with that county's clerk.[2]
Frequently asked questions
Is E&O insurance required for notaries in California?
No. California requires the $15,000 bond, not E&O insurance.[1] Employers, title companies and signing services may require E&O in their agreements.
What happens if I don't file my notary bond within 30 days?
The commission doesn't take effect.[2]
Does the notary bond protect me?
No. The bond pays people harmed by your misconduct or neglect, and the surety can require you to reimburse what it pays. You stay personally liable for damages beyond the bond.[3]
How long does a California notary bond last?
Four years, the term of the commission.[6]
This guide is general information based on the California Government Code and the Secretary of State's 2026 Notary Public Handbook. The law and your policy's terms control. Menlo Insurance Services (CA license 6020106) is a licensed broker that may earn a commission on a placement and does not guarantee that a surety will issue any bond.
References
- 1.California Legislative Information. “Government Code section 8212.” Accessed 2026-09-27. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=8212.&lawCode=GOV ↩
- 2.California Legislative Information. “Government Code section 8213.” Accessed 2026-09-27. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=8213.&lawCode=GOV ↩
- 3.California Secretary of State. “2026 California Notary Public Handbook.” 2026. https://notary.cdn.sos.ca.gov/forms/notary-handbook-current.pdf ↩
- 4.California Legislative Information. “Government Code section 8214.” Accessed 2026-09-27. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=8214.&lawCode=GOV ↩
- 5.RLI Surety. “RLI Notary Package (SD-MK513).” 2018. https://6041899.fs1.hubspotusercontent-na1.net/hubfs/6041899/Carrier%20Store%20Resources/RLI%20Surety/Notary%20Package.pdf ↩
- 6.California Legislative Information. “Government Code section 8204.” Accessed 2026-09-27. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=8204.&lawCode=GOV ↩
- 7.California Legislative Information. “Government Code section 8211.” Accessed 2026-09-27. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=8211.&lawCode=GOV ↩
- 8.RLI Surety. “Transactional Commercial Surety (SD-MK510).” 2021. https://6041899.fs1.hubspotusercontent-na1.net/hubfs/6041899/Carrier%20Store%20Resources/RLI%20Surety/Transactional%20Commercial%20Surety.pdf ↩

