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Section 5
The Surety Bond
All Notaries in
California are required to obtain a bond of $15,000 and to file it
with the county clerk of the county of their principle place of
business.
The surety bond will cost you approximately $50 for four years. It is designed to provide a limited fund for paying claims against the Notary in case of notarial error or dishonest acts. Should you be found liable in a civil action due to your improper notarial acts, the surety company on your bond and you personally are liable to the parties who were injured by those acts. Government Code § 8214
However, the
surety bond is not an insurance policy, and the Notary may be liable
for monetary damages caused by the Notary’s actions above and beyond
the $15,000, and the Notary will be required to reimburse the
bonding company as well.
The surety bond is to protect the public, not the Notary.
Should your surety bond company take the position that it is likely that you will perform improper notarial acts in the future, the bonding company may make an appeal to the Superior Court to release them from their obligation to you. Government Code § 8216
If the bonding company is successful in their appeal, you must be able to get a new surety bond or your commission will be revoked.
You should keep your bond on file for at least 6 years after the last notarial act of your commission. |
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