Three Things Every Louisiana Notary Must Know
Governor Landry signed HB 259 on June 11, 2025. It took effect February 1, 2026. The law made three fundamental changes to how Louisiana notaries maintain their commissions.
Bond Increased to $50,000
The required surety bond amount jumped from $10,000 to $50,000 — a 400% increase tied to the expanded financial responsibilities of Louisiana notaries under civil law.
E&O Insurance No Longer Accepted
You can no longer file an errors and omissions policy with the Secretary of State as a bond substitute. A surety bond is now the only accepted filing.
Simpler Filing Process
Bonds from authorized surety companies no longer need parish clerk of court approval. File directly with the Secretary of State with a $20 fee.
Why Louisiana Raised the Bond to $50,000
Louisiana notaries are not like notaries in other states. Most states limit notaries to witnessing signatures and administering oaths — low-risk, ministerial functions. Louisiana is different. Under the state's civil law system — rooted in the French and Spanish legal traditions that predate statehood — a commissioned notary holds legal authority that approaches what attorneys exercise in common law jurisdictions.
A Louisiana notary can prepare and execute acts of sale, mortgages, donation inter vivos, last wills and testaments, marriage contracts, successions, and corporate formation documents — all without attorney supervision. A single act of sale on a residential property routinely involves $300,000 to $500,000 or more. A succession can distribute millions in family assets across multiple heirs. A defective notarial act in any of these contexts does not just create an inconvenience — it can cause serious financial harm that ripples across title chains, lending relationships, and family estates for years.
The old $10,000 bond provided a fraction of the coverage needed when something went wrong. The legislature recognized this disparity and acted. The $50,000 bond brings the financial backing closer to the actual risk that Louisiana notaries carry every time they affix their seal and signature to an authentic act.
Who Must Carry the $50,000 Bond?
The requirement applies statewide — across all 64 Louisiana parishes — to every non-attorney notary, regardless of how long you have held your commission or how many notarial acts you perform:
- Commissioned notaries — individuals who passed the notary examination and hold a Governor-issued commission
- Ex officio notaries — individuals whose notarial authority derives from another public office
- Title company staff notaries — notaries employed by title agencies, law firms, and closing companies
- Independent signing agents — mobile notaries and loan signing agents operating anywhere in Louisiana
- Notaries in Orleans, East Baton Rouge, Jefferson, Caddo, Calcasieu, Lafayette, Ouachita, Rapides, St. Tammany, Tangipahoa, and every other parish
Attorney exemption: Licensed attorneys acting as notaries remain exempt from both the bond requirement and the examination requirement. This has not changed under HB 259.
What Does the Bond Actually Protect Against?
The Louisiana notary bond is a public official bond. Its purpose is to protect the citizens of Louisiana — and any party who relies on a notarized document — from financial harm caused by the notary's failure to perform official duties faithfully. The bond covers three categories of misconduct:
- Misfeasance — the notary performs an official act incorrectly. For example: an error in an act of sale that fails to properly convey title, or a defective mortgage that is unenforceable against the borrower. The parties harmed by the error can file a claim against the bond.
- Nonfeasance — the notary fails to perform a required act or fails to correct a known error. For example: a notary who discovers a defect in a previously executed act and fails to take corrective action when legally required to do so.
- Malfeasance — the notary knowingly performs an unlawful act. For example: executing an act of sale while knowing the seller lacks authority, or notarizing a document for a person the notary knows is not who they claim to be.
The $50,000 bond amount represents the maximum the surety will pay on valid claims arising from the notary's official acts during the bond period. It does not limit the notary's personal liability — a claimant who suffers damages exceeding $50,000 can still pursue the notary personally. But the bond provides a guaranteed source of recovery up to its face amount, backed by an investment-grade surety company, regardless of the notary's personal financial condition.
E&O Insurance: Still Important, but No Longer Sufficient
Under the old law, Louisiana notaries could satisfy the state filing requirement by posting either a surety bond or an errors and omissions insurance policy. Many notaries — particularly those working in real estate closings — chose E&O because they needed the coverage for professional liability protection anyway, and it doubled as their state filing.
That dual-purpose option is gone. HB 259 eliminated the E&O filing alternative. The only form of compliance recognized by the Secretary of State is a surety bond.
But here is the important nuance: the surety bond and E&O insurance serve fundamentally different purposes. The bond protects the public from your errors. E&O insurance protects you from the financial consequences of claims against your practice. If you handle real estate closings, successions, or any transaction where a defective notarial act could trigger a professional liability claim, carrying E&O coverage alongside the bond is not just advisable — for many notaries, it is essential.
Think of it this way: the bond is what the state requires you to have. E&O is what your practice requires you to have. They are not interchangeable. You now need both.
How to Get Your Louisiana Notary Bond
The process is fast. Most bonds are issued same day.
Download the Application
Complete the surety bond application with your information as it appears on your commission.
Receive Your Bond
We underwrite and issue your $50,000 notary bond — typically same day.
File with the State
File the bond with the Louisiana Secretary of State, Notary Division, with the $20 filing fee.
⚠ Already Suspended? Here Is How to Fix It
The Louisiana Secretary of State's Office granted a grace period through mid-April 2026, but formal suspension notices are now being mailed. If your commission has been suspended, you cannot perform any notarial acts until a compliant bond is filed. Documents you notarized during the suspension period may be challenged as legally defective — a serious exposure for you and for the parties who relied on those instruments.
Reinstatement is straightforward:
- Get the bond — Download the application or call (800) 373-2804 for same-day issuance.
- File with the Secretary of State — Submit the bond with the $20 filing fee. No separate reinstatement form is needed.
- Commission restores automatically — Once the bond is on file, your authority to practice as a notary is reinstated.
Every day without a valid commission is a day your practice is at risk. Notaries in Orleans Parish, East Baton Rouge, Jefferson Parish, Caddo, Calcasieu, Lafayette, and every other parish across the state are in the same position. The law applies equally, and the enforcement is active.
Louisiana Notary Bond at a Glance
| Requirement | Detail |
|---|---|
| Bond Amount | $50,000 |
| Effective Date | February 1, 2026 |
| Previous Amount | $10,000 (no longer valid) |
| Governing Law | R.S. 35:71 as amended by HB 259 (Act 258 of 2025) |
| E&O Insurance | No longer accepted for state filing |
| Filed With | Louisiana Secretary of State, Notary Division |
| Filing Fee | $20 |
| Clerk of Court Approval | Not required for corporate surety bonds |
| Renewal Cycle | Every 5 years |
| Attorney Exemption | Licensed attorneys are exempt |
| Non-Compliance Penalty | Automatic suspension of notary commission |
Key Terms
- Notary Bond
- A public official surety bond guaranteeing the faithful performance of a notary public's duties. Required in Louisiana in the amount of $50,000 under R.S. 35:71.
- HB 259 / Act 258 of 2025
- The Louisiana law signed June 11, 2025, that increased the notary bond to $50,000, eliminated the E&O filing alternative, and streamlined the filing process. Effective February 1, 2026.
- R.S. 35:71
- Louisiana Revised Statutes Title 35, Section 71 — the statute governing the notary bond requirement, commission suspension, and renewal.
- Authentic Act
- Under Louisiana civil law, a document executed before a notary and two witnesses that is self-proving and carries a legal presumption of validity — a level of authority unique to Louisiana's civil law system.
- Corporate Surety Bond
- A notary bond issued by an authorized surety company. Under HB 259, filed directly with the Secretary of State without parish clerk approval.
- Personal Surety Bond
- A notary bond backed by an individual rather than a surety company. Requires parish clerk recording and expires at the death of the surety.
- Misfeasance
- Improperly performing a lawful notarial act — for example, an error in an act of sale that renders the conveyance defective.
- Nonfeasance
- Failing to perform a required notarial act or failing to correct a known error when legally obligated to do so.
- Malfeasance
- Knowingly performing an unlawful notarial act — the most serious category of misconduct covered by the bond.
- Ex Officio Notary
- A notary who holds notarial authority by virtue of another public office. Subject to the same $50,000 bond requirement as commissioned notaries.
Common Questions
📚 Official Sources
- R.S. 35:71 — Requirement of bond; suspension of notarial commissions (Louisiana State Legislature)
- HB 259 (Acts 2025, No. 258) — Bill History and Full Text (Louisiana State Legislature)
- What Do I File? — Notary Bond Filing Requirements (Louisiana Secretary of State)