Mississippi Notary Bond Requirements

Is a notary bond required in Mississippi?

Yes. Mississippi’s Revised Law on Notarial Acts (Miss. Code § 25-34-41) directs that, before a commission is issued, an applicant must submit to the Secretary of State an “assurance” in the form of a surety bond or its functional equivalent in the amount of $5,000. The assurance must be issued by a surety or other entity licensed by the Mississippi Department of Insurance and must be in the form the Secretary of State prescribes.

The assurance is a consumer-protection device. It covers acts performed during the term of the notary’s commission, and if a notary violates the law the surety is liable up to the bond amount. It is not insurance for the notary — if the surety pays a claim, the notary can be required to reimburse the company. Because a valid assurance must stay on file, the statute is explicit that a notary may perform notarial acts only during the period a valid assurance is on record with the Secretary of State.

The surety must give the Secretary of State 30 days’ notice before canceling the assurance and must notify the office within 30 days of paying any claim.

How to become a notary in Mississippi

Follow the Secretary of State’s commissioning process:

1. Confirm eligibility: be at least 18, a U.S. citizen or permanent legal resident, a Mississippi resident for at least 30 days before applying, able to read and write English, and not disqualified under § 25-34-43.
2. Obtain a $5,000 assurance (surety bond) from a company licensed by the Mississippi Department of Insurance.
3. Execute the constitutional oath of office (Section 268 of the Mississippi Constitution).
4. Apply to the Secretary of State, providing the information required by rule and paying the application fee.
5. Once the Secretary of State issues your commission, obtain your official seal and begin notarizing.

Bond vs. E&O insurance in Mississippi

The $5,000 assurance is mandatory and protects members of the public who are harmed by a notary’s misconduct. Errors and omissions (E&O) insurance is a separate, optional product that protects the notary against the cost of defending or settling claims — including reimbursement the surety may seek after paying a bond claim. Mississippi does not require E&O, but many notaries carry it because the assurance alone leaves the notary financially exposed.

Renewing your Mississippi commission

A Mississippi commission runs for four years. To keep notarizing without interruption, apply through the Secretary of State before your current term expires. Because a valid assurance must remain on file throughout the commission, plan on placing a new assurance that covers the new four-year term as part of the renewal.

Remote online notarization in Mississippi

Mississippi allows remote online notarization. A commissioned notary who wants to perform electronic or remote online notarizations registers with the Secretary of State through its E-Notary process and uses an approved technology platform. Registration is in addition to holding an active traditional commission and the required assurance.

Non-resident notaries in Mississippi

State law requires an applicant to have been a Mississippi resident for at least 30 days immediately before applying, so a general commission is directed at residents. Prospective applicants who live elsewhere should confirm eligibility directly with the Secretary of State before applying.