How to become a notary public
A notary public is an official appointed position by the Secretary of State’s department in a given state. As with many public officials, the State requires that the person obtain a notary bond prior to receiving their commission. This bond “makes sure” that if the official violates the public trust through negligence of their duties, finances are set aside to reimburse the State for its loss.
The main duty of notaries is to validate that the individual parties to a contract are who they claim to be. The State may experience a loss if the notary fails to properly validate the identity of the parties.
As a public official, the notary public harms the public trust by failing in their responsibility to confirm identity. If a North Dakota notary public doesn’t confirm identity and a loss occurs, an injured party can file a claim against that State for its loss, because the State was negligent through its appointed representative.
A notary bond is a promise to pay to the obligee (the State) if losses occur for a penalty amount of the bond. Notary bonds are usually provided by a surety company (typically an insurance carrier). The bond usually runs concurrently with the term of a notary’s commission.
You may be familiar with a homeowners insurance policy. When a person has a homeowners insurance in Indiana claim, the insurance carrier pays the loss and writes off the loss. You aren’t required to reimburse the carrier for the loss. Unlike a homeowners insurance policy however, a notary bond is simply a guarantee that the funds will be available if losses occur. The surety (insurance company) makes a payment to the State up to the penalty amount of the bond. However, this loss paid by the surety is not simply written off. The carrier will most likely seek reimbursement from the bonded party, the notary themself.
A notary bond protects the public. Who protects the notary? Insurance coverage is available to provide this protection – it’s called Notary Public Errors and Omissions and can also be obtained for a nominal fee from insurance carriers.
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