Most states require a notary bond to be commissioned — a surety bond that protects the public from a notary's errors (and which you repay if it pays a claim). Separately, a notary errors and omissions (E and O) policy protects you from claims of a notarial mistake. Notary signing agents (who handle loan closings) are usually required by title and signing companies to carry E and O at a set limit. Bond amounts and requirements are set by each state, so confirm yours with your Secretary of State.
Notaries and notary signing agents face one of the clearest mandate structures of any small business — a required bond plus, for signing work, required E and O — yet the two are widely confused. This guide explains each, who requires them, and the notary sub-niches. It is general education, not advice for your specific situation; confirm requirements with your state and contracting companies.
Notary bond vs notary E and O
- Notary bond — a surety bond required by most states to be commissioned. It protects the public: if you make a notarial error that harms someone, the surety pays them up to the bond amount, and you repay the surety. It is not insurance for you. See surety bonds explained.
- Notary E and O — an errors and omissions policy that protects you by covering your defense and liability for an unintentional notarial mistake. Optional in most states, but strongly advisable and often required for signing work.
The bond satisfies the state; E and O protects your finances. Many notaries carry both.
Who requires what
- Your state (Secretary of State) — requires the notary bond (in most states) to issue or renew your commission; the amount is set by the state.
- Title and signing companies — require notary signing agents to carry E and O, commonly at a specific limit (for example $25,000 to $100,000), plus a background check.
- Employers — may require their notaries to carry E and O.
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Notary sub-niches
- Traditional notary — general notarizations; needs the state bond and, ideally, E and O.
- Notary signing agent (NSA) — handles loan and real-estate closing documents; title/signing companies require E and O and a background check. Highest requirement level.
- Mobile notary — travels to clients; add commercial auto considerations.
- Remote online notary (RON) — notarizes via audio-video where the state authorizes it; may carry additional technology requirements.
Common notary claims
How to get set up correctly
- Check your state's requirement — the Secretary of State sets the bond amount and commission rules.
- Get the notary bond — required to be commissioned in most states.
- Add E and O — to protect yourself; required for signing work.
- For signing agents — carry E and O at the limit title companies require, plus a current background check.
- Confirm with your state and contracting companies before you rely on any specific figure.
Frequently Asked Questions
Do notaries need a bond or insurance?
Both, usually. Most states require a notary bond to be commissioned, which protects the public. Separately, a notary errors and omissions (E and O) policy protects you from claims of a notarial mistake and is often required for signing work.
What is the difference between a notary bond and notary E and O?
A notary bond protects the public — if a claim is paid, you repay the surety. Notary E and O protects you, covering your defense and liability for an unintentional error. The bond satisfies the state; E and O protects your finances.
Do notary signing agents need E and O?
Almost always. Title and signing companies typically require notary signing agents to carry E and O at a set limit (commonly $25,000 to $100,000) plus a background check before assigning loan closings.
How much is a notary bond?
The bond amount is set by your state, and the premium is a small percentage of that amount, largely based on credit. Confirm the required amount with your Secretary of State.
Is a notary bond insurance for me?
No. The bond protects the public, and you repay the surety if it pays a claim. To protect yourself, you need notary errors and omissions coverage.
Do mobile or remote online notaries need different coverage?
The core bond and E and O still apply. Mobile notaries should consider commercial auto for travel, and remote online notaries may face additional technology and state requirements where RON is authorized.
Quick glossary — notary terms
- Notary bond
- A state-required surety bond that protects the public from a notary's errors; you repay the surety.
- Notary E and O
- An errors and omissions policy that protects the notary from claims of a notarial mistake.
- Notary signing agent (NSA)
- A notary who handles loan and real-estate closings; usually required to carry E and O.
- Remote online notarization (RON)
- Notarizing via audio-video, where a state authorizes it.