1.3 Oath, Bond, and Filing Requirements
Key Takeaways
- A $10,000 surety bond is required and protects the public
- Oath of office must be taken before a qualified official
- All documents must be filed within 45 days of commission date
- Signature must be registered with Recorder of Deeds (or Prothonotary)
- Failure to meet 45-day deadline voids the commission
After receiving your commission appointment, you must complete several requirements within 45 days before performing any notarial acts. Missing this deadline voids your commission.
45-Day Deadline Requirements
Within 45 days after appointment, you must:
| Step | Requirement |
|---|---|
| 1 | Execute a $10,000 surety bond |
| 2 | Register your signature with the Recorder of Deeds |
| 3 | Take the constitutional oath of office |
| 4 | Record bond, commission, and oath with Recorder of Deeds |
CRITICAL: If all requirements are not met within 45 days, your commission becomes null and void.
The $10,000 Surety Bond
Purpose of the Bond
| The Bond DOES | The Bond DOES NOT |
|---|---|
| Protect the public | Protect the notary |
| Provide recovery for injured parties | Shield notary from liability |
| Cover up to $10,000 per claim | Prevent lawsuits against notary |
| Remain in effect for 4-year term | Limit personal liability |
Key Concept: If the bonding company pays a claim, they will seek reimbursement from you (the notary).
Bond Requirements
| Requirement | Detail |
|---|---|
| Amount | $10,000 minimum |
| Duration | Full 4-year commission term |
| Provider | Licensed surety company |
| Filing | With county Recorder of Deeds |
Oath of Office
You must take the Pennsylvania Constitutional Oath before performing any notarial acts:
| Oath Element | Requirement |
|---|---|
| Administered by | Judge, notary, or other authorized official |
| Content | Swear to support U.S. and PA Constitutions |
| Swear to faithfully discharge duties | |
| Timing | Before any notarizations |
Filing Requirements
Where to File
| Your Situation | File In |
|---|---|
| PA resident | County of residence |
| Non-resident with PA employment | County of employment |
What to File
| Document | Purpose |
|---|---|
| Commission certificate | Proof of appointment |
| Surety bond (original) | Financial protection |
| Oath of office | Constitutional requirement |
| Signature registration | Official signature on file |
Note: Starting January 3, 2023, applicants may register their signature in the office of Recorder of Deeds instead of the Prothonotary.
Errors and Omissions Insurance
| Feature | Surety Bond | E&O Insurance |
|---|---|---|
| Required? | Yes | No (but recommended) |
| Amount | $10,000 | $25,000+ typical |
| Protects | Public | Notary |
| Covers | Public harm from notary | Notary's legal costs |
| Cost | ~$50-100 for 4 years | ~$50-100 per year |
Recommendation: E&O insurance is strongly recommended as it protects YOU from costs of defending claims.
On the Exam
- Bond amount: $10,000
- Bond protects: The public (not the notary)
- Filing deadline: 45 days
- File location: County Recorder of Deeds
- Consequence of missing deadline: Commission is void
What is the surety bond amount required for Pennsylvania notaries?
Who does the notary surety bond protect?
What happens if a notary fails to file their oath and bond within the required timeframe?