Texas Notary Bonds are required to become a notary public in Texas. Learn all about these bonds including what they guarantee, how to obtain them and what they cost.
Texas Notary Bonds are easy to obtain and can be purchased online in minutes. Simply click the button below, fill out the application and hit submit. You can print your bond immediately. Texas Notaries have two options, a bond with E&O coverage included and a bond without E&O Insurance Coverage.
Notary E&O insurance provides insurance coverage in the event that the notary makes a mistake in their duties that causes harm to a party. A notary could be sued and the E&O coverage provides protection to the notary and public.
For example, if a Texas Notary makes a mistake, a claim could be made against the notary bond. Even if the party collects on the notary bond, they injured party may still sue the notary for damages. E&O insurance party provides some protection and often defense coverage for the notary. A notary should check the policy for details as each policy is different.
A Texas Notary Bond guarantees that the Notary will faithfully perform all duties of a Texas Notary. If a Notary does not, a claim can be made against the Texas Notary Bond.
There are three parties to a Texas Notary Bond. The Notary is the Principal on the bond. The Notary is making the guarantee to faithfully perform their duties. The Obligee is The State of Texas. The Obligee is the party receiving the benefit of the obligation. The third party is the Surety. The Surety is the bond company who is guaranteeing the Notary’s performance. If the Notary does not perform, and a claim is made, the Surety is responsible for paying the claim.
Any Texas resident who is 18 years or older and has not received a final conviction of a felony or a crime involving moral turpitude can become a notary in Texas.
Moral Turpitude as defined by The Texas Code is:
“the commission of a crime involving dishonesty, fraud, deceit, misrepresentation, deliberate violence, moral depravity, or that reflects adversely on the applicant’s honesty, trustworthiness, or fitness as a notary public, which may include, but not be limited to:
(1) Class A and B type misdemeanors which have not been set aside, or for which no pardon or certificate of restoration of citizenship rights have been granted; and
(2) felony convictions which have not been set aside, or for which no pardon or certificate of restoration of citizenship rights have been granted.”
The State of Texas requires Notary Bonds to be in the amount of $10,000.
A Texas Notary Bond costs $50 for a four year bond. There is an option to add E&O insurance coverage along with the bond. This option costs $90 for four years. At the end of four years, the notary will need to renew their bond if they would like to continue to be a Texas Notary.
The Texas Notary Bond must be issued by a surety company licensed to do business in the State of Texas. Those companies can be found here. The Notary Bond must be signed by an attorney-in-fact for the surety bond company. A power of attorney showing proof of their signature authorization should also be included.
Like all surety bonds, Texas Notary Bonds require indemnity. This means that if a claim is paid against the bond, the surety bond company will look to the Notary to be reimbursed for the loss. This separates surety from insurance policies. You can read more about indemnity here.
An officer or employee of a Texas State Agency may become a notary without acquiring a surety bond. However, the employee still needs to submit an application (Form 2301-NB) to the State Office of Risk Management. However, a notary without a bond cannot notarize documents outside of their state duties. The notary must also obtain a seal that says, “Notary without Bond”. A State employee may purchase a Texas Notary Bond at their own expense and notarize documents outside of their state duties.
Under Texas Code 406 the following is required of a Texas Notary:
“(a) Each person to be appointed a notary public shall submit an application to the secretary of state on a form prescribed by the secretary of state. The application must satisfy the secretary of state that the applicant is qualified. The application must state:
(1) the applicant’s name to be used in acting as a notary public;
(2) the applicant’s post office address;
(3) the applicant’s county of residence;
(4) the applicant’s date of birth;
(5) the applicant’s driver’s license number or the number of other official state-issued identification; and
(6) the applicant’s social security number.
(b) The applicant shall also execute the statement of officers as required by Section 1, Article XVI, Texas Constitution.”
You can find application form 2301 here.
Those wishing to become an Online Texas Notary Public have a different but similar application process. The following is required:
“(a) An individual applying for an online notary public commission shall use the electronic submission platform developed by the secretary of state.
(b) The application shall include:
(1) the applicant’s name to be used in acting as an online notary public, which shall match the name on the applicant’s traditional notary public commission;
(2) the applicant’s email address;
(3) the applicant’s digital certificate;
(4) a copy of applicant’s electronic seal in an acceptable file format;
(5) the applicant’s notary public identification number, as assigned by the secretary of state;
(6) an executed statement of officer, as required by article XVI, §1 of the Texas Constitution; and
(7) a statement certifying that the applicant:
(A) will comply with the standards set forth in this chapter relating to identity proofing and credential analysis;
(B) will use a third party provider who has provided the notary with evidence of its ability to provide an electronic technology standard that utilizes Public Key Infrastructure (PKI) technology from a PKI service provider that is X.509 compliant when attaching or logically associating the notary’s electronic seal and digital certificate to an electronic document;
(C) will, upon request by the secretary of state, promptly provide any necessary instructions or techniques supplied by a vendor that allow the online notary public’s digital certificate and seal to be read and authenticated; and
(D) is at least 18 years of age, a resident of the State of Texas, and has not been convicted of a felony or a crime involving moral turpitude.”
Texas Notary Bonds are required by law. These bonds easy to obtain by all notaries and can be purchased instantly. However, claims should be avoided at all costs. Notaries may also need additional surety bonds. Texas Notaries can visit our FAQ page for more information on surety bonds.