County recorder: county clerks: bonds

The law shifts bond administration from public recording to county-clerk filing, changes fees to cost-recovery amounts, and requires longer document retention.

What the law does ​

• Requires county clerks to file bonds and bond cancellation, revocation, or withdrawal notices for legal document assistants, unlawful detainer assistants, process servers, and professional photocopiers.
• Ends county-recorder recording of those bonds and replaces the $7 filing-related fee with a county-set cost-recovery fee.
• Requires county clerks to retain these service-provider bonds for at least six years and give each registrant one certified copy as proof of compliance.
• Requires county clerks to retain notary public bonds for 10 years and notary oaths for 10 years after the commission term ends.
• Replaces notary bond recording fees with county-set cost-recovery filing fees and requires clerks to provide one certified bond copy.

Who it affects ​

• County clerks and county recorders.
• Legal document assistants, unlawful detainer assistants, registered process servers, and registered professional photocopiers.
• Notaries public.

Context ​

Changes take effect January 1, 2028.

Breakdown ​

Bond Filing Moves to County Clerks ​

Starting January 1, 2028, bonds for registered legal document assistants, unlawful detainer assistants, process servers, and professional copiers will be filed with the county clerk instead of recorded by the county recorder. The bill also replaces the fixed $7 bond-related fee with a county-set cost-recovery fee, requires bond retention for at least six years, and requires one certified copy to be provided to the registrant.

Key takeaways

• Beginning January 1, 2028, county clerks must file these registration bonds and any notices canceling, revoking, or withdrawing them, rather than county recorders recording them.
• The bill removes the fixed $7 fee for filing or changing a bond.
• Counties may set the bond-related fee under their authority to charge an amount reasonably necessary to recover costs.
• County clerks must keep each bond for at least six years after it is filed.
• County clerks must provide the registrant with one certified copy of the bond on file.

Notary Bonds and Oaths ​

Starting January 1, 2028, county recorders will no longer record notary public bonds. County clerks must keep notary bonds for 10 years after filing and oaths of office for 10 years, rather than the shorter current retention period for oaths. Clerks must also give the registrant one certified copy of the bond and use the authorized fee-setting process for bond filing fees.

Key takeaways

• Beginning January 1, 2028, county recorders will no longer be required to record notary public bonds.
• County clerks must retain a notary public's bond for 10 years from the date it is filed.
• County clerks must retain a notary public's oath of office for 10 years.
• County clerks must provide the registrant with one certified copy of the bond on file.
• The fee for filing a notary bond will be set under the bill's referenced authority to increase or decrease fees.
• The bill creates additional duties for local officials and therefore establishes a state-mandated local program.

No State Reimbursement ​

The bill states that the state does not have to reimburse local agencies or school districts for costs related to this act. It gives a specified reason for excluding the bill from the usual state-mandate reimbursement requirement.

Key takeaways

• The bill provides that no state reimbursement is required for costs arising from this act.
• California ordinarily reimburses local agencies and school districts for certain state-required costs.
• This provision excludes the act from reimbursement based on the reason specified in the bill.