Kentucky Notary Bond Requirements

Is a notary bond required in Kentucky?

Yes. Under KRS 423.390, an applicant must submit proof of a surety bond — the statute calls it an “assurance” — before the Secretary of State’s commission becomes effective. The assurance must be $1,000 and must be issued by a surety or other entity licensed or authorized to do business in Kentucky.

The bond protects the public. It covers acts performed during the term of the notary’s commission, and if a notary violates Kentucky notary law, the surety or issuing entity is liable under the assurance. The surety must give the Secretary of State 30 days’ notice before canceling the assurance or before it expires, because a notary may perform notarial acts only while a valid assurance is on file with the county clerk.

Filing is handled at the county level. Within 30 days of receiving the commission from the Secretary of State, the applicant must appear in person before the county clerk listed in the application to take the oath of office, submit the surety bond, and file the commission. County-clerk filing fees are set under KRS 64.012.

How to become a notary in Kentucky

1. Confirm eligibility. You must be at least 18, a U.S. citizen or permanent legal resident, able to read and write English, and a resident of — or have a place of employment or practice in — the county where you apply.
2. Apply to the Secretary of State, providing the information and disclosures required by administrative regulation (30 KAR 8:005) and paying the fee set in KRS 423.430.
3. Obtain the required $1,000 surety bond (assurance).
4. After the commission is issued, appear before the county clerk within 30 days to take the oath of office, file the surety bond, and file the commission, paying the county clerk’s filing fees.

Bond vs. E&O insurance in Kentucky

Kentucky requires the $1,000 assurance; it does not require errors and omissions (E&O) insurance. The surety bond exists to protect members of the public who are harmed by a notary’s misconduct, and the surety can seek reimbursement from the notary. E&O insurance is optional and protects the notary’s own finances against claims and defense costs from good-faith mistakes. Because $1,000 is a modest bond amount, many Kentucky notaries add E&O coverage for their own protection, but the state does not require it.

Renewing your Kentucky commission

A Kentucky commission runs four years. The Secretary of State assigns each notary a unique commission number that continues to apply on renewal or reissuance. KRS 423.390 addresses renewal of the commission; a valid assurance must remain on file with the county clerk for the notary to keep acting, so renewing notaries should confirm current bond coverage and re-file as directed when the term ends.

Remote online notarization in Kentucky

Kentucky authorizes online notarization. An online notary public must register with the Secretary of State and maintain an electronic journal of every electronic notarization, retaining it for ten years, along with the audio-visual recording of acts performed using communication technology. The details are set out in KRS Chapter 423 and the Secretary of State’s administrative regulations (30 KAR 8:005), which govern the technology and registration requirements.

Non-resident notaries in Kentucky

Kentucky ties eligibility to a county rather than to residency alone. An applicant must be a resident of, or have a place of employment or practice in, the Kentucky county where the application is made. Once commissioned and after filing the commission and assurance, the notary may perform notarial acts in any county of the Commonwealth.