1.3 The $7,500 Surety Bond & Oath of Office Filing

1.3 The $7,500 Bond and Oath Filings

The bond and oath steps transform an approved application into an active commission. They involve two offices—the recorder of deeds in the county of commission and the Arkansas Secretary of State—and two original Oath of Commission Certificates.

The required financial instrument

A.C.A. § 21-14-101 requires a $7,500 obligation for faithful discharge of the notary's duties. The handbook recognizes two permitted forms:

• a surety bond executed by a surety insurer authorized to do business in Arkansas; or
• a surety contract from an Arkansas general business corporation that has registered with the Arkansas Insurance Department and satisfied the statutory requirements.

The bond is executed to the State of Arkansas. It is not a substitute for learning the law and it is not permission to make errors up to $7,500. The official name on the bond controls the name used through the commissioning process, so it should be a name the applicant can reproduce consistently in the official signature.

The two oath certificates

After approval, the Secretary of State issues two Oath of Commission Certificates. Review them immediately. Confirm the spelling of the official name, county, term, and other identifying data before going to the county office. If an error appears, seek correction rather than signing and filing inaccurate papers.

Take both original oath certificates and the surety bond to the recorder of deeds in the county of commission. In most counties the recorder is the circuit clerk; in some it may be the county clerk. Because office names and local charges vary, confirm the correct office and its accepted payment methods before visiting.

The applicant signs both oath certificates in the clerk's presence and swears or affirms to faithfully perform the duties of a notary public. The clerk signs the certificates, files the county's oath and original bond, and applies the county file mark. A separate county filing fee may apply.

Return one original to the state

The county may return one or both completed originals. Send or deliver one original Oath of Commission Certificate bearing the clerk's file mark to the Secretary of State as soon as possible. A county may offer to forward it, but the handbook places responsibility on the applicant to ensure the state filing actually occurs.

This yields the central activation rule:

After the state receives the completed oath, it issues the Certificate of Commission. Only then should the notary purchase the official seal. Stamp vendors commonly ask to see that certificate because it contains the exact data required on the seal.

What the oath means in practice

The oath is a promise to discharge the office faithfully. It does not authorize the notary to practice law or to act outside Arkansas. It binds the notary to use the official signature, keep the certificate complete, require the appearance appropriate to the act, establish identity, and refuse to certify facts that did not occur.

The oath also belongs to the individual. An employer that paid for the application, bond, or seal cannot revoke the commission. The employer likewise cannot direct the notary to make a false certificate. The notary remains responsible for each official act.

Filing scenario

Suppose an applicant receives approval on Monday, files the bond and both oaths with the circuit clerk on Tuesday, and is asked to notarize on Wednesday before the file-marked oath reaches the Secretary of State. The applicant must decline. The county filing alone does not activate the commission. The handbook explicitly states that the commission is not valid until the completed oath has been filed with both offices.

Exam traps

Remember the counts and sequence: $7,500; two oath certificates; both taken to the county; one file-marked original returned to the state. Do not confuse the county filing fee with the state application fee. Do not describe the bond as available only from an insurance company, because the statute also recognizes a qualifying Arkansas corporate surety contract.

Source anchor: Arkansas Secretary of State, Arkansas Notary Public Handbook (rev. 1-2025), Steps 1 and 6–9; A.C.A. § 21-14-101.