A notary commission certificate is the official document a state government issues to authorize an individual to perform notarial acts, such as witnessing signatures, administering oaths, and certifying documents. It is proof of your authority to act as a notary public, and without it, any notarial act you perform carries no legal weight. The commission is a grant of public authority, not a professional license, which is why it comes from a state official rather than a trade board.
Who Issues It
Every state issues notary commissions through a designated authority, usually the Secretary of State or the Governor’s office. In some states, the Governor’s signature appears alongside the Secretary of State’s on the certificate itself, reinforcing that the commission represents a grant of state authority.
One narrow point worth knowing: under federal law, judge advocates, legal assistance attorneys, adjutants, and certain other designated military personnel can perform notarial acts for service members and eligible individuals, and all states must recognize those acts. Military notaries cannot charge fees, and federal law does not require them to use a seal.1Office of the Law Revision Counsel. 10 USC 1044a – Authority To Act as Notary
What’s on the Certificate
A commission certificate packs several key details into a single document:
- The holder’s full legal name
- The official title, typically “Notary Public”
- A unique commission number used in public records and on notarized documents
- The effective date and the expiration date, which together define the window during which you can lawfully act
- The issuing authority’s name and an official government seal
How to Qualify and Apply
Requirements vary by state, but most follow a similar pattern. A few baseline qualifications apply almost everywhere.
Age and residency. The large majority of states require applicants to be at least 18 years old. All states commission residents, and some also allow people who live in a neighboring state but work within the commissioning state.
Background check. Most states screen for criminal history, particularly convictions involving fraud or dishonesty. Some states bar anyone with a felony record, while others allow it if civil rights have been restored. Minor offenses unrelated to dishonesty usually aren’t disqualifying.
Education and examination. Requirements range from no coursework at all to mandatory pre-licensing classes. California and Colorado require both education and an exam. Others require an exam without any coursework, and many require neither. Roughly a dozen states mandate a written test on notarial law and procedure.
Oath of office. Many states require you to appear before a clerk or other authorized official and swear an oath before your commission takes effect.
Application fees generally run from around $10 to $50 depending on the state, though total upfront costs climb higher once you factor in exam fees, required supplies, and surety bonds. The entire process from application to active commission can take anywhere from a few days to several weeks.
The Surety Bond Requirement
Most states require notaries to purchase a surety bond before their commission becomes active, and this is one of the most misunderstood parts of the process. A surety bond protects the public, not you. If you make a mistake or act improperly and someone suffers a financial loss because of it, that person can file a claim against your bond. The bonding company pays out up to the bond’s coverage limit, and then you owe the bonding company back.
Required coverage ranges from $500 to $50,000 depending on the jurisdiction. The premium you actually pay is a fraction of the coverage amount, typically between $30 and $150 for a standard term.
A surety bond is not insurance. If you want protection for yourself against claims of negligence or errors in your notarial work, you’d need a separate errors and omissions (E&O) insurance policy. E&O covers your legal defense costs and any settlements or judgments. Most states don’t require it, but it’s worth considering if you notarize regularly, since a bond claim leaves you personally on the hook for reimbursement.
Keeping the Commission Active
Notary commissions don’t last forever. Terms range from four years in most states to as long as ten years in a few, with four-year terms being the most common. Well before your expiration date, you’ll need to submit a renewal application and pay renewal fees, which are generally comparable to the original application cost. Some states require modest continuing education before renewal.
If your name, address, or other personal details change during your term, update them with the issuing authority promptly. Using outdated information on notarial acts can create legal headaches for both you and the people relying on your services.
Letting your commission lapse before renewing is a bigger problem than most people realize. Any notarial act you perform after your commission expires is unauthorized and potentially invalid, which can unravel real estate closings, loan documents, and other transactions that depend on proper notarization. Most states allow late renewal of an expired commission without retaking an exam, but you’ll face a gap in authority during which you cannot legally act, and late fees usually apply. If the lapse stretches long enough, some states treat it as a new application rather than a renewal.
Remote Online Notarization
An increasing number of states now authorize remote online notarization, which lets a notary perform notarial acts with a signer who appears via live audio-video technology rather than in person. As of recent counts, roughly 38 states permit this. Authorization is not automatic with a standard commission in most places. You typically need to apply for an additional endorsement or registration, meet technology requirements, and in some cases complete extra training. Performing remote notarizations without proper authorization can result in disciplinary action against your commission.
Who the Commission Belongs To
This question comes up constantly when an employer pays for an employee’s notary commission and supplies. The answer is straightforward: the commission belongs to the individual, not the employer. A notary’s obligation runs to the state and the public, not to whoever signed the check for the application fee. Your seal, your journal, and your commission go with you if you change jobs. With very limited exceptions, an employer cannot confiscate your notarial tools or hand them to another employee, even if they paid for everything.
This also means your employer cannot direct you to notarize a document improperly. If a signer hasn’t appeared before you, or if something about the transaction seems off, your duty is to the law and the public trust your commission represents. Getting fired for refusing to cut corners doesn’t change the legal reality that you’d be the one facing consequences for an improper notarization, not your employer.