Notary bond vs E&O insurance
Your notary bond and your E&O policy both pay when a notarization goes wrong, but they pay different people. The bond the state makes you buy protects the public, and the surety comes back to you for every dollar it pays. E&O protects you. Here is how each works, what each state on file sets for the bond, and what changes when you add remote notarization. For the E&O policies themselves, see the E&O insurance comparison. Cover is one part of running a remote notary business.
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Fig. 1The difference in one table
| Question | Notary bond | E&O insurance |
|---|---|---|
| Who it protects | The member of the public harmed by your mistake or misconduct | You, the notary |
| Who pays in the end | You: the surety pays the claim, then collects from you | The insurer, within the policy's limit and terms |
| Who requires it | Most commissioning states, by statute or rule | Rarely the state (Florida for online notaries); often a platform, title company or signing service |
| What it is | A guarantee you buy from a surety company | An insurance policy |
| Amount set by | The state, as one figure | You (or whoever asks you to carry it) |
“A surety bond is intended to protect the customer from financial loss, not the notary.”
Where the money goes after a claim
The difference shows the day something goes wrong. A signer whose deed was notarized for an impostor, or whose acknowledgment was left incomplete, can claim against your bond. The surety pays them, and then it comes to you for the money: a bond is credit extended on your behalf, not cover. Pennsylvania's Department of State puts it plainly on its bonding page: the notary must repay the surety any amount paid to the customer.
A claim against your bond
- 01 A signer is harmed by a defective act
- 02 The surety pays the claim, up to the bond amount
- 03 The surety recovers what it paid from you
A claim under your E&O policy
- 01 A signer claims your error caused a loss
- 02 The insurer handles the claim under the policy
- 03 It pays covered loss up to the limit you bought
E&O is the policy that stands between that claim and your own savings. It is yours, it is optional in most states, and its limit is a number you choose rather than one the state sets.
The bond each state sets by law
The bond is a commission requirement, so its amount is whatever your commissioning state wrote down, and the spread is wide: Louisiana asks for $50,000, while Colorado and Maine ask for none at all. Here is every state on file, read from the statute or the commissioning office's own page. These are bond amounts, not premiums; what a surety charges you for one is a quote, not a law.
| State | Bond by law | What the source says |
|---|---|---|
| COColorado | none required | “A notary does not have to be bonded in Colorado”; the SOS suggests weighing a bond or E&O.Colorado SOS, Notary FAQ Q2 |
| FLFlorida | $7,500 | Payable to any individual harmed by a breach of duty. An online notary files a $25,000 bond instead, which satisfies this one, plus $25,000 E&O.Fla. Stat. §§ 117.01(7)(a), 117.225(6)-(7) |
| KSKansas | $12,000 | A commercial surety bond from an insurer licensed in Kansas; the amount applies from January 1, 2022.K.S.A. 53-5a22; Kansas SOS notary page |
| LALouisiana | $50,000 | A notary surety bond (renewed every 5 years) or a personal surety bond.Louisiana SOS, Notary FAQ |
| MEMaine | none required | The commission section sets qualifications and asks for no bond.4 M.R.S. § 1922 |
| MDMaryland | not read | Check with your commissioning office. |
| MOMissouri | $10,000 | Presented to the county clerk with the oath before the commission takes effect.RSMo § 486.615(1) |
| NENebraska | $15,000 | E&O is optional and the office asks for no proof of it.Nebraska SOS, notary initial application |
| PAPennsylvania | $25,000 | Within 45 days of appointment; the notary repays the surety; E&O not required.PA Department of State, Bonding Requirement |
| TXTexas | $10,000 | Payable to the governor, conditioned on the faithful performance of the duties of office.Tex. Gov't Code § 406.010 |
| VAVirginia | not read | Check with your commissioning office. |
| WAWashington | $10,000 | Covers acts during the commission term; set by the director in rule.RCW 42.45.200(4); WAC 308-30-030(1)(a) |
Does a remote commission change either one?
Mostly no. In the sources read for this page, a remote or online authorization rides on the commission you already hold, and so does its bond: Washington's electronic records and remote endorsements add an application and a fee, not a second bond, and the Texas online notary sections name no bond of their own beyond the one every Texas notary files. Louisiana's remote online notary requirements list a course, a provider and a registration fee, and no bond. The rest of that path, state by state, is in how to become a remote online notary.
Florida is the exception, and the one place a state makes E&O mandatory. An online notary there carries a $25,000 bond, which also counts as the regular commission bond (§ 117.225(6)), and a $25,000 E&O policy, and the RON service provider carries its own E&O of at least $250,000. Its whole path is in Florida online notary requirements.
Fig. 2The other place E&O becomes a requirement is the work, not the law. Platforms that send notaries signings set their own floors; NotaryCam's network, for one, says it asks for E&O of at least $250,000 naming remote and signing-agent work. Those asks are compared in RON platforms that send you signings.
Questions notaries ask
Does my notary bond protect me?
No. A notary bond protects the public. If a claim is paid, the surety recovers the money from you. Pennsylvania's Department of State says a surety bond is intended to protect the customer from financial loss, not the notary. E&O insurance is the policy that protects you.
Do I need E&O insurance to notarize remotely?
Only in Florida among the states read here, where an online notary must carry a $25,000 E&O policy. Elsewhere E&O is optional by law, but platforms, title companies and signing services often require it, each with its own minimum; see notary E&O insurance for remote notaries.
How much does a notary bond cost?
The state sets the bond amount, not the price. What a surety charges you for it is a premium quote from the seller, so compare quotes for the exact amount and term your state requires.
Can I keep my bond if I add a remote authorization?
In the states read here, yes: remote authority rides on your existing commission and its bond, except in Florida, where an online notary files a $25,000 bond that also stands in for the commission bond. If you renew or change your commission, the bond goes with it.
Related
- Notary E&O insurance for remote notaries, comparedWhich E&O policies say they cover remote online and electronic acts, read from the insurers' own pages.
- How to become a remote online notaryThe common path from commission to first remote act, each step linked to its state page.
- How to start a remote notary businessThe order of operations for a one-person remote notary business, from authorization to invoicing.
- Florida online notary requirementsThe path to a Florida online notary commission and what the state asks of the notary and the RON service provider.
- Notary session fee ledgerLog your sessions and fees; the ledger totals them and flags any line over the state's cap.