Posted by BrendaTx on 5/29/11 9:39pm
Notaries without bond, other states besides Tx?
I am asking this question rather than going to every notary website and finding out for myself. That's right, I'm not doing my own research and hoping that some will know this off the tops of their heads.
In Texas, notaries who work for state agencies (and state schools and universities) can be commissioned "without bond". Their seals say "Without Bond" on them. In other words, the State of Texas is responsible for their notarizations. All other rules apply, but a WoB notary can only do notarizations for state business. They can perform without bond.
The google link below turns up only Texas notaries. Is there any such animal as that out there in another state? Or, is Texas the only state not paying a bond for their office notaries?
PS - Notaries WoB can hold an additional commission outside of that one and do notary work just like we do.
Reply by Susan Fischer on 5/29/11 9:52pm
Reply by Patricia/VT on 5/29/11 10:03pm
Vermont does not require a bond.
Reply by Ireneky on 5/29/11 11:15pm
Kentucky does not require Bond
Reply by BrendaTx on 5/29/11 11:45pm
Was actually looking for state-employed notaries that
didn't have to have bonds when the rest of the notaries did, but this is VERY helpful. Thank you!
Reply by ReneeK_MI on 5/30/11 5:28am
In MI, according to the statutes, only a licensed attorney is exempt from filing a bond - BUT my husband met a woman who said she was a "State Notary" here in MI. She notarized something for him, and he got to talking about what I do. He asked her what "State Notary" meant & how it was different, and she shrugged her shoulders and said "it's just for the State." (IOW, she herself didn't really seem to know - that's how it seemed).
I've dug through all the statutes and never found a reference to this "State Notary" designation. It certainly sounds similar to what TX has - but I'm still thinking this MI person was a 'regularly' commissioned notary who just didn't completely understand the concept, who worked for the SOM and just didn't do notarizations outside of work.
I'd like to know, too, if anyone knows anything of this in MI.
Reply by BrendaTx on 5/30/11 6:39am
Re: Interesting ...
Yes, I was going over questions that I was asked in a training class and that topic came up. I know all about it in Tejas, but have never heard of it in another state.
Reply by Mia on 5/30/11 1:01pm
Renee, I think that MDOC have different guidelines.....
It looks like the Michigan Dept. of Corrections Notaries have different guidelines --
so they many not need a Bond. I remember the days when the inmates could become
Notaries.... but, now they can't.
"Michigan Department of Corrections Employees Only
Michigan Department of State
Office of the Great Seal
Notary Public Information
MDOC employees who are required as a condition of employment to perform notarial services must process their application in accordance with specific guidelines as directed by MDOC. Please contact your institutional business office or designee for further information."
Reply by ReneeK_MI on 5/31/11 10:15am
must be a big secret?
All I can find about it was in some survey of legal libraries, someone at a MI legal library stated that the MDOC "requires" 2 specific employee positions to be notaries, and to provide services for free (presumably to the 'inside' population & employees?).
Reply by MW/VA on 5/30/11 10:30am
No bond requirements in VA, either. In fact, you can't
even get one if you want to. Bonding is usually for handling money.
Reply by LarryTN on 5/30/11 10:39am
Re: No bond requirements in VA, either. In fact, you can't
Sounds like the insurance companies don't have all the states sewn up with reference to the bond issue! It's a money thing IMO.....Give them time, they will eventually pay off enough state senators, and it will be a country wide requirement!
Reply by Linda_H/FL on 5/30/11 10:42am
In FL the bond is a surety protecting the public
for negligent acts on the notary's part - it isn't just for the handling of money. Anyone who sustains a loss because of negligence on a notary's part can, in addition to filing a complaint and getting their commission revoked, file a claim against the notary's bonding company for compensation - guess that's why our bonding company is listed on the state website with our notary commission information.
Reply by Linda_H/FL on 5/30/11 10:43am
Sorry, s/b file a claim against the NOTARY, WITH the co. n/m
Reply by MW/VA on 5/30/11 10:46am
I thought that what E&O was for. n/m
Reply by BrendaTx on 5/30/11 10:51am
Not in Texas. Bond protects people; E&O protects notary
if an error is made. Bonds are required by all notaries not working for the State of Texas...refer to my first post.
Reply by Linda_H/FL on 5/30/11 10:52am
Yep...and E&O is *notarial* errors only... n/m
Reply by MW/VA on 5/30/11 11:19am
Thanks. Since I've had no experience with bonds for
notaries, I really didn't understand what they were for. Again, it doesn't make much sense that every state doesn't require it.
Reply by Sylvia_FL on 5/30/11 10:59am
Re: I thought that what E&O was for.
The bond protects the public. If a bond is paid out the bonding company will come after the notary, so the E&O covers the notary. (as long as it was an error or omission and not a deliberate fraudulent act)
Reply by Susan Fischer on 5/30/11 10:58pm
Same here. I was surprised when I started in '02, since we
do handle money - checks, anyway. (Which, is why I document amounts and check #s, staple to a page in front of the borrowers, include funds-due info in completion reports, and, note info in journal. CYA to the max, I say - bond or no, yes?)
Reply by parkerc/ME on 5/30/11 10:03pm
Reply by SharonMN on 5/31/11 11:20am
We don't have a special "without bond" commission. There is no requirement to hold a bond in MN for any notary work.