Section 4: Surety Bond Pennsylvania requires notaries to file a $10,000 surety bond with the office of the recorder of deeds no later than 45 days after the beginning of the prescribed term indicated in the commission and to maintain the bond throughout the notary’s term of appointment. The commission of any appointed notary who neglects to give bond and cause the bond and commission and oath to be recorded within 45 days after the beginning of the term shall be rendered null and void. Notaries are subject to criminal, civil and administrative sanctions and proceedings. The bond is designed to protect the public against any act of misconduct or negligence in the performance of your official duties as a notary public – it does not protect the notary. In fact, when a notary bond is paid to some individual who was harmed as a result of an improper notarization, the bonding company will usually demand repayment from the notary. Example: A notary takes a man’s word for it that his wife signed a document and subsequently notarizes the wife’s signature. Later, the wife sues the husband claiming she never signed such a document. The husband would be entitled to receive up to the total bond amount in payment to defend the case. An amount less than or equal to the bond amount, is paid to the individual harmed as a result of a breach of duty by the notary. If a notary public is found negligent or guilty of official misconduct, the notary public and the sureties on the notary public’s official bond are deemed liable for all damages sustained to the persons injured in a civil action. Any judgment above the bond amount becomes the notary’s personal liability. Suspension or revocation of one’s commission may also result for failure to comply with notarial procedures and laws.

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