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New 2025 Notary laws address commissioning requirements and fraud prevention

Notary Law Review 2025

Rising fraud concerns contributed to a surge in new Notary policy introductions in 2025, the third highest since 2011. Several states enacted higher bond requirements, new education mandates, and higher standards for Notary commission applicants and seal vendors. Together, these policies signal a trend of reinforcing trust in the Notary Public office.

Notary Public bonds

Louisiana House Bill 259 raised the Notary bond from $10,000 to $50,000 for all non-attorney Notaries, effective February 1, 2026. By enacting this law, Louisiana joins Alabama as the states with the highest Notary bonds in the country. Issues with fraudulent car titles drove state lawmakers to increase the bond amount and eliminate the long-standing option to file an errors and omissions (E&O) insurance policy with the Secretary of State instead of a bond.

Oklahoma also raised its Notary bond requirement in legislation that addressed growing concerns about deed fraud. Senate Bill 1028 increased the mandatory bond amount from $1,000 to $10,000 for new and renewing Notary commission applicants who file an application on or after January 1, 2026. This marks the first adjustment to Oklahoma's Notary bond requirement in 135 years.

Proposed administrative rules in the final stages in Pennsylvania would increase the Notary bond from $10,000 to $25,000 in the state due to the proliferation of deed theft in the city of Philadelphia, one of the deed fraud hotbeds in the nation.

While Louisiana, Oklahoma, and Pennsylvania moved to raise Notary bond requirements, South Dakota chose to repeal its Notary bond instead. House Bill 1133 eliminated the state’s longstanding $5,000 Notary bond requirement as of July 1, 2025.

Notary education

The Texas legislature established mandatory Notary education this year by passing Senate Bill 693, requiring the Secretary of State to develop and administer Notary training and authorizing the Secretary to charge applicants a reasonable fee to take the course. New and renewing Notary commission applicants applying on or after January 1, 2026, must take a course offered by the Secretary of State. The Secretary must adopt rules to implement the new requirement, which were published for adoption on October 24 and expected to be finalized late this year. Additionally, Senate Bill 693 makes notarizing a document without requiring the personal appearance of the signer a criminal offense.

Starting January 1, 2026, Senate Bill 1051 requires Tennessee Notaries applying for an online Notary commission to take a course and pass an examination. The course must be approved by the Secretary of State and cover notarial laws, technological procedures for online notarizations, and ethical requirements for online Notaries.

Vermont adopted new administrative rules requiring Notaries who want to perform notarial acts on electronic records and for remotely located individuals to apply for a special endorsement. To renew the special endorsement, the Notary must complete one additional hour of continuing education on electronic notarization, remote notarization, or both. This training requirement is in addition to the continuing education already required for Notary commission renewal.

Background checks

While most states have laws prohibiting individuals convicted of certain crimes from holding a Notary commission, a growing number of states are now conducting criminal records checks to screen applicants for disqualifying offenses. Oklahoma Senate Bill 1028 requires the Oklahoma State Bureau of Investigation (OSBI) to conduct a national criminal history background check on all applicants for appointment or renewal as a Notary Public beginning January 1, 2026. The law authorizes OSBI to obtain applicants’ fingerprints electronically and to charge a fee for conducting the background check.

Notary seals

North Carolina adopted rules this year that place guardrails around the process for manufacturing and selling Notary Public seals, becoming the latest state to regulate Notary seal vendors and manufacturers. The new rules prohibit an applicant for a Notary commission from ordering or purchasing a seal until they receive their commission certificate from the state. The Notary must then select a state-approved seal vendor or manufacturer. The vendor or manufacturer must follow rules for identifying the Notary who purchased the seal in person and must retain a copy of the Notary’s commission certificate for 10 years. Seal vendors and manufacturers must update their registration with the Department of the Secretary of State annually.

Brooke Merritt is the Senior Manager of Policy Planning at the National Notary Association.

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