Bond & Oath Flashcards

A Pennsylvania notary's surety company decides to cancel their $10,000 bond. The surety provides notice to the Department of State on June 1st. What is the earliest date the cancellation can be effective, and what is the notary's status as of that date?

Answer: The cancellation is effective July 1st; the notary is prohibited from performing notarial acts unless a new bond is filed.

According to Pennsylvania notary law (57 P.S. § 321(d)(5)), a surety must give 30 days' notice to the Department of State before canceling a bond. Therefore, a notice on June 1st makes the cancellation effective on July 1st. Furthermore, a notary may only perform notarial acts while a valid bond is on file with the department, so they would be prohibited from notarizing as of the cancellation date unless a replacement bond has been secured and filed.

A notary's commission expired on May 1, 2024. In August 2024, a former client discovers a financial loss due to the notary's negligent act on a document notarized in March 2023. Which statement accurately describes the liability in this situation?

Answer: A claim can be filed against the surety bond that was in effect at the time of the notarial act.

A notary's surety bond covers acts performed during the term of the notary public commission. Even though the commission has expired and the notary is no longer active, the surety remains liable for wrongful acts that occurred while the bond was in force. The client who suffered a loss can file a claim against the bond that was active in March 2023.

A notary is reappointed and receives their 'Notice to Appointee' on February 15, 2026. Their new commission term begins April 1, 2026. The law increasing the required bond amount to $25,000 takes effect on March 28, 2026. Which bond amount is this notary required to obtain and record?

Answer: $10,000, because the date of their appointment was before the law's effective date.

The Pennsylvania Department of State has clarified that the required bond amount is determined by the date of appointment, which is the date on the 'Notice to Appointee' letter. Since this notary was appointed on February 15, 2026, before the March 28, 2026 effective date for the bond increase, they are required to obtain the $10,000 bond, even though their commission term starts after the change.

A notary resigns their commission. Which of the following is a specific condition of their surety bond related to this resignation?

Answer: The bond is conditioned for the delivery of the notary's register to the recorder of deeds within 30 days.

The Pennsylvania notary bond is conditioned for two main purposes: the faithful performance of notarial duties and, specifically, for the delivery of the notary's register (journal) to the office of the recorder of deeds of the proper county within 30 days in case of the notary's death, resignation, or disqualification.

A newly appointed notary is sworn in and records their bond, oath, and commission on the 47th day after their appointment date. What is the status of their notary commission?

Answer: The commission is null and void, and they must reapply for appointment.

Pennsylvania law is strict on this deadline. The bond, oath of office, and commission must be recorded in the office of the recorder of deeds within 45 days of appointment. If this 45-day deadline is missed, the commission becomes null and void. The individual must start the application process over again.

If a surety company pays a $5,000 claim to a member of the public who was harmed by a notary's error, what is the financial obligation of the notary?

Answer: The notary must reimburse the surety company for the full $5,000 paid on the claim.

A notary surety bond is not insurance for the notary; it is a guarantee for the public. The bond agreement includes an indemnity clause requiring the notary to repay the surety for any losses paid out due to the notary's failure to faithfully perform their duties. Therefore, the notary is legally obligated to reimburse the surety for the entire $5,000.