County Clerk — Oath and Bond Filing Location

A widespread misconception holds that all California notary paperwork is filed with the Secretary of State. In fact, Government Code §8213 requires the oath of office and the $15,000 surety bond to be filed with the county clerk of the county where the notary's principal place of business is located. The Secretary of State issues the commission; the county clerk receives and records the oath and bond.

An applicant who sends the oath and bond to the Secretary of State instead of the county clerk has not met the filing requirement. The 30-day deadline runs regardless of where documents were sent in error.

If a notary relocates their principal place of business to a different county, they have the option — but not the obligation — to re-file a new oath and bond in the new county. This is permissive, not mandatory. The existing commission remains valid statewide regardless of which county clerk holds the current oath on file.

Exam Tip: Two distinct government entities with distinct roles: Secretary of State = issues commissions, receives administrative notices (address change, name change, journal loss). County Clerk = holds the oath of office and surety bond. Sending documents to the wrong office is a surprisingly common error that voids the filing.