As a notary public, you’ve likely encountered both notary surety bonds and notary errors and omissions (E&O) insurance during the commissioning process. While they’re often mentioned together — and sometimes confused — they serve very different purposes.
Put simply: notary surety bonds protect the public, while notary E&O insurance protects notaries. Notary surety bonds are usually required by state law, while E&O coverage is optional but highly recommended. Understanding how each works is essential for protecting your personal finances and peace of mind.
Below, we break down the differences, coverage details, and costs so you can make informed decisions about your notary insurance needs.
A notary surety bond is a three-party agreement between:
The notary surety bond is a legally binding contract that guarantees you will perform your notarial duties ethically and in accordance with state law. If you commit fraud, negligence, or misconduct that causes financial harm to the public, your surety bond company will begin an investigation to find out if the claim against you is valid. If the claim is found to be valid, the surety company may compensate the injured party up to the bond’s limit. The notary public is then legally obligated to reimburse the surety company for the full amount paid.
Essentially, these bonds are a way for notaries to promise that they will uphold their notarial responsibilities and act ethically — and if they break this promise, the bonds ensure that the person harmed will be repaid.
In most states, a surety bond is legally required to obtain or maintain a notary commission. The notary public purchases the surety bond from a surety bond company or specialized insurance company.
Then, depending on the state, the notary must file the bond with the appropriate filing office such as the county clerk, clerk of court, or secretary of state’s office.
If a valid claim is paid out, the surety company will expect full reimbursement from you, the notary. The bond simply ensures the harmed party receives compensation — it does not absorb your financial liability. Neither does it protect your personal finances in any way.
Notary surety bonds are designed exclusively to protect the public and the state from financial losses caused by a notary’s wrongful acts. Unlike honest mistakes covered by E&O insurance, fraudulent acts and wrongdoing will trigger a surety bond claim, which the notary must repay, along with potential criminal penalties.
Common examples of situations that may trigger a bond claim include:
If a claim is validated, the surety company pays the harmed party up to the bond limit — and then seeks repayment from you.
Notary E&O insurance is a type of professional liability coverage that protects you, the notary, from financial losses resulting from unintentional mistakes or oversights made while performing notarizations.
E&O insurance covers your:
And most important, you do not have to repay the insurer if a covered claim is paid.
Another big difference between E&O insurance and notary surety bonds is that E&O covers only unintentional mistakes and oversights, while notary surety bonds pay claims for intentional fraudulent acts (which is why notaries have to reimburse a bond settlement).
Notary E&O insurance is rarely required by law, but it’s strongly recommended — especially if you notarize frequently, handle high-value documents, or work as a signing agent.
Notary E&O insurance is designed to protect your personal assets, savings, and income if a mistake leads to a lawsuit or claim.
Examples of covered scenarios include:
Even small mistakes can lead to costly legal disputes. E&O notary insurance ensures you’re not paying out of pocket for attorneys’ fees or settlements related to covered claims.
While both are important, the differences between the two are significant.
Because they serve different purposes, these protections do not overlap or duplicate coverage.
Cost is often a factor when deciding on coverage. Fortunately, both options are generally affordable.
Surety bonds are typically inexpensive compared to the bond amount itself. Most notaries pay between $30 and $150 for a four-year term and are paid with a one-time, up-front payment. Pricing can vary based on your state’s requirements and, in some cases, your credit history. Surety bonds are typically purchased online and approved instantly.
Bond amounts (aka what the bond will pay, if needed) typically range from $10,000 to $25,000, depending on where you’re commissioned. Be sure to check your state’s required bond amounts before purchasing a surety bond.
Notary E&O insurance premiums depend on the coverage limit you choose. Berxi’s notary E&O insurance starts at around $22 per month, or $260 per year, for policies with limits of $100,000 per claim and $250,000 total.
Higher limits of liability cost more but provide more financial protection. For notaries handling frequent or high-value transactions, higher coverage limits offer added peace of mind at a relatively low cost.
Berxi’s insurance policies for notaries can provide up to $1 million in protection per claim and $2 million in total per year.
The best way to find out how much your notary E&O insurance policy will cost is to get an instant quote.
For most notaries, the answer is yes.
These products are complementary, not interchangeable. Having both ensures you’re compliant with the law and protected against the real-world risks of notarizing documents.
Notaries play a vital role in preventing fraud and facilitating important transactions, and they need the highest quality E&O insurance protection for a price they can afford. That’s why Berxi offers easy, affordable notary E&O insurance designed specifically to protect you from the unexpected.
With Berxi, you can:
Get a quote for notary E&O insurance today — you might be surprised by how affordable it is. For notaries, E&O insurance is a small investment that can prevent major financial stress.
A surety bond protects the public and states’ regulatory interests and must be repaid by the notary if a claim is paid. Notary E&O insurance protects the notary and does not require repayment.
In most cases, yes. The bond meets legal requirements, while E&O insurance protects your personal finances.
Coverage starts at around $260 per year for a policy with limits of $100,000 per claim and $250,000 in total.
Surety bonds typically cost between $30 and $150 for a typical four-year term.
No. E&O insurance covers unintentional errors and omissions, not intentional misconduct or fraudulent acts.
E&O insurance generally isn’t required for notaries, but it’s strongly recommended for their financial protection.
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Lauren Garcia Mar 25, 2025
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