What does a notary public do?
A notary public is an official appointed position by the Secretary of State’s department in a given state. Just like most public officials, the State specifies that the individual get a notary bond prior to receiving their appointment. This bond “makes sure” that when the official violates the public trust through neglect of their duties, funds are set aside to reimburse the State for its loss.
The principal duty of a notary is to validate that the individual parties to an agreement are who they claim to be. The State may experience a loss if the notary public forgets to properly confirm the identity of the parties.
As a public official, the notary harms the public trust by failing in their responsibility to confirm identity. If a Nevada notary public doesn’t confirm identity and a loss occurs, an injured party can file a claim against that State for the loss, because the State was negligent through its appointed representative.
A notary bond is a guarantee of payment to the obligee (the State) should losses occur for a penalty amount of the bond. Notary Public bonds are usually provided by a surety company (typically an insurance carrier). The bond generally runs concurrently with the period of the notary’s commission.
You may be familiar with a car insurance policy. When you have an auto insurance Indiana loss, the insurance company pays the claim and writes off the loss. You aren’t required to reimburse the company for the damages. Unlike a truck insurance policy however, a notary bond is simply a promise that the finances will be available should losses occur. The surety (insurance company) makes a payment to the State up to the penalty amount of the bond. However, this claim paid by the surety is not simply written off. The company will most likely seek reimbursement from the bonded person, 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 E & O and can also be obtained for a nominal fee from insurance carriers.