Section 1.8 - Filing the Bond and Oath

Once the commission has been issued, a person has 30 calendar days to take, subscribe, and file an oath of office and file a $15,000 surety bond with their county clerk. The commission does not take effect until the oath and bond are filed with the county clerk's office. The filing must occur in the county where the notary public maintains a principal place of business as shown in the application on file with the Secretary of State.

A notary public with a new commission is permitted to take and subscribe the oath in front of another notary public as long as the oath is administered in the county where the oath and bond for the new commission will be filed. In such a case, the completed oath and bond must be sent by certified mail or any other means of physical delivery that provides a receipt to the county clerk for filing. (Government Code sections 8213)

Best practices tip: The oath of office should be taken and subscribed in person at the county clerk's office to avoid mail and processing delays that may prevent the oath and bond from being filed by the county clerk's office on time. The commission will not be valid if mail or other processing delays prevent the oath and bond from being filed by the county clerk's office within 30 days of the commencement date stated in the commission. When a notary public visits the county clerk's office in person, an authorized employee of the county clerk will administer the oath of office, observe the notary public sign the oath, and file both the oath and bond the same day. The notary public must present an identification document meeting the requirements of Civil Code section 1185(b)(3)(A) or (B) or Civil Code section 1185(b)(4)(A) or (E) as proof of identity. (Government Code sections 8213)

Once the oath and bond are on file with the notary's county clerk, the person to whom the commission was issued has properly qualified and may begin to act as a notary public. The notary's term in office is for four years, beginning with the commencement date on the commission. (Government Code section 8204)

It is a misdemeanor for anyone who is not a duly commissioned, qualified, and acting notary public for the State of California to represent oneself as, advertise as, or act as a notary public. (Government Code section 8227.1)