A Mississippi public official bond, also called an official bond or a faithful performance bond, guarantees that an elected or appointed public officer will honestly and faithfully carry out the duties of the office and properly account for public funds and property. It is required by statute, and the officer files it as a condition of holding office. There is no single statewide dollar amount. The amount is fixed office by office: some are set as a specific dollar figure in the statute that governs that office, and others are calculated by a formula in that statute, such as a percentage of the county’s tax rolls up to a stated cap. The core framework sits in the Mississippi Code, Title 25, Chapter 1 (Public Officers; General Provisions), and the amount for a given office usually comes from that office’s own statute in Title 25, Title 19 (county officers), or a related title. The bond is conditioned on faithful performance: if the officer fails to perform a duty or misuses public money, an injured party can bring a claim, and the officer must repay the surety.
| Question | Answer |
|---|---|
| Who requires it | State law. The officer must be bonded as a condition of taking office. County and district officers’ bonds are approved by the county board of supervisors; municipal officers’ bonds are approved by the municipal governing authority (Miss. Code 25-1-19). |
| Governing law | Miss. Code Ann. Title 25, Chapter 1 (Public Officers; General Provisions), including the bond condition and renewal rule in 25-1-15, the payable-to-the-state rule in 25-1-17, and approval and filing in 25-1-19. Specific offices are bonded under their own sections (for example state officers under 25-1-13; county officers under Title 19). |
| Official form | The official bond form used by the approving authority (county board of supervisors, municipal governing authority, or the state office). Mississippi does not publish one universal statewide form; the wording must meet the statutory condition in Miss. Code 25-1-15. [VERIFY against the approving authority: confirm which official bond form the county, municipality, or state office requires.] |
| Bond amount | Set per office by the governing statute, not by one statewide figure. Some offices carry a fixed statutory amount (see examples below); others use a formula such as a percentage of the county tax rolls with a cap. Officers and employees who handle public funds are also covered by a general minimum under Miss. Code 25-1-12. |
| Premium basis | A percentage of the bond amount, based mainly on the bond size and the applicant’s credit. [CLIENT FLAG: insert All n One premium structure] |
| Coverage term | Tied to the term of office. A new bond must be secured at the beginning of each new term of office, or every four years, whichever is less (Miss. Code 25-1-15). |
| Obligee | The bond is made payable to the State of Mississippi and may be sued on in the name of the state for the use and benefit of any person injured by a breach (Miss. Code 25-1-17). |
How much is the bond, and how is the amount set?
There is no single Mississippi public official bond amount. The amount is set by the statute that governs the specific office, and it is fixed in one of two ways:
- A specific dollar figure named in the statute. Several state offices have a bond penalty written directly into the law.
- A formula in the statute. Many county offices set the penalty as a percentage of the county’s assessed tax rolls for the year, up to a maximum cap. Because the tax rolls differ by county and year, the exact figure differs by county even for the same office.
On top of the office-specific amount, there is a general floor for anyone who handles public money. Under Miss. Code 25-1-12, a public officer or employee who handles or has custody of public funds by virtue of the office or employment must give an individual bond or be covered by a blanket bond, and that bond is subject to a statutory minimum unless a larger specific amount is required by law for that office. [VERIFY against Miss. Code 25-1-12: the current minimum for public-funds handlers; official sources are split between $25,000 and $75,000 pending the 2024 amendment (HB 813), so confirm the figure in force before publishing.] The section does not apply where handling public funds is only incidental to the job, as defined by the regulations of the Office of the State Auditor.
Examples of statutory amounts for state offices (fixed figures written into Miss. Code 25-1-13):
| Office | Statutory bond amount | Source |
|---|---|---|
| State Treasurer | $100,000 | Miss. Code 25-1-13 |
| Auditor of Public Accounts (State Auditor) | $30,000 | Miss. Code 25-1-13 |
| Land Commissioner (Secretary of State, land functions) | $15,000 | Miss. Code 25-1-13 |
| Each Public Service Commissioner | $10,000 | Miss. Code 25-1-13 |
County and district officers (for example sheriff, chancery clerk, circuit clerk, tax collector, county administrator, members of the board of supervisors, constables) are bonded under their own sections, mostly in Title 19, and several of those amounts are set as a percentage of the county tax rolls with a statutory cap rather than a flat number. Because recent legislative sessions have proposed changes to some of these figures, we do not state a specific county-office amount here without confirming the section in force.
[VERIFY against the specific governing statute for the office: the exact bond amount or formula and cap for county and district officers, for example the sheriff (Title 19, Chapter 25), the chancery clerk, the circuit clerk, the tax collector, the county administrator (Miss. Code 19-4-9), members of the board of supervisors, and constables. Confirm the current enacted figure, since some amounts are set as a percentage of the county tax rolls with a cap and some have been the subject of recent amendments.]
What does the bond cover?
The bond guarantees faithful performance of the office. Under Miss. Code 25-1-15, the official bond is conditioned in substantially this form: that the person was duly elected or appointed to the office for a stated term, and “if he shall faithfully perform all the duties of said office during his continuance therein, then the above obligation to be void.” In plain terms, the bond backs the officer’s honest and faithful conduct in office, including the proper handling and accounting of public funds and property.
Key points about coverage:
- It protects the public and the state, not the officer. The bond is made payable to the State of Mississippi and may be put in suit in the name of the state for the use and benefit of any person injured by a breach (Miss. Code 25-1-17). A taxpayer, the county, or another injured party can recover against it.
- What triggers a claim. Failure to perform a duty of the office, misuse or loss of public funds, or other breach of the faithful-performance condition can give rise to a claim up to the bond amount.
- The officer remains responsible. A surety bond is not insurance for the officer. If the surety pays a valid claim, the officer must reimburse the surety in full. The bond guarantees the public is made whole first; it does not relieve the officer of the underlying obligation.
- Blanket bonds. Where positions are covered by a blanket bond rather than an individual bond, the blanket bond must be conditioned on the faithful performance of all the duties of the positions it covers (Miss. Code 25-1-12 and 25-1-15).
How much does the bond cost?
You do not pay the full bond amount. You pay a premium, which is a percentage of the bond amount and is set mainly by the size of the bond and the applicant’s credit. Because the amount is fixed by the statute for the office, the premium follows that figure: a larger required bond means a larger premium.
[CLIENT FLAG: insert All n One Insurance pricing for the Mississippi public official bond, for example a premium rate range by credit tier and one worked example such as “a $100,000 official bond for $X.” Do not publish a premium number until All n One provides it.]
[CLIENT FLAG: confirm whether All n One quotes this bond as a flat rate or as a percentage of the bond amount, and note any minimum premium.]
Is this the same as a notary bond or a license bond?
No. All three are surety bonds, but they serve different purposes and are required by different rules.
- A public official bond is required of a person holding a public office, elected or appointed, and guarantees faithful performance of that office and safe handling of public funds. The obligee is the state and, through it, the public.
- A notary bond is required of a commissioned notary public and protects the public from errors or misconduct in notarial acts. A notary is not the same as a public officer for this purpose, and the notary bond is governed by Mississippi’s notary law, not by the official-bond sections above. [VERIFY against the Mississippi Secretary of State: the current notary bond amount and requirement.]
- A license or permit bond is required of a business or individual to hold a state or local license (for example a motor vehicle dealer) and guarantees compliance with the law governing that license. The obligee is the licensing agency.
If you are unsure which one applies, the requirement notice from the office, agency, or board that is asking for the bond will name it.
How do I get bonded and file the bond?
- Confirm the exact requirement from the office or the approving authority: the governing statute, the required bond amount or formula, the official bond form, and where the bond must be filed. For county and district offices this is the county board of supervisors; for municipal offices it is the municipal governing authority (Miss. Code 25-1-19).
- Note the details for the bond: the officer’s name, the office and term, the effective date, and the statutory amount.
- Apply with All n One Insurance for a public official bond in the required amount. Approval and premium depend mainly on the bond amount and the applicant’s credit.
- Receive and sign the bond, issued for the required amount, payable to the State of Mississippi, on the official form the approving authority requires.
- Submit the bond for approval. County and district officers’ bonds are approved by the board of supervisors; municipal officers’ bonds are approved by the municipal governing authority (Miss. Code 25-1-19).
- File and record the approved bond. County and district bonds are filed and recorded in the office of the clerk of the chancery court of the county; the original of the chancery clerk’s own bond, after recording, is deposited and filed with the clerk of the circuit court (Miss. Code 25-1-19). Keep a copy for your records.
- Renew on schedule. Secure a new bond at the beginning of each new term of office, or every four years, whichever is less (Miss. Code 25-1-15).
[VERIFY against the approving authority: the exact filing location, official form, and any approval steps for the specific office.]
Frequently asked questions
Is a public official bond required by law in Mississippi?
Yes, for offices the law requires to be bonded. The obligation to be bonded, the faithful-performance condition, and the filing process come from statute (Miss. Code Title 25, Chapter 1, and the office’s own section). The bond is a condition of taking and holding the office.
How much is a Mississippi public official bond?
It depends on the office. There is no single statewide amount. Some offices have a fixed dollar figure in the statute (for example the State Treasurer’s bond is set at $100,000 under Miss. Code 25-1-13), and many county offices use a formula, such as a percentage of the county tax rolls up to a cap. The statute that governs the specific office sets the number.
Who has to be bonded?
Public officers the law requires to give bond, and, more broadly, any public officer or employee who handles or has custody of public funds by virtue of the office or employment (Miss. Code 25-1-12). Positions may be covered individually or under a blanket bond. The rule does not apply where handling public funds is only incidental to the job, as defined by the Office of the State Auditor’s regulations.
What does the bond actually guarantee?
Faithful performance of the duties of the office, including honest handling and proper accounting of public funds and property. If the officer breaches that duty, the bond answers for the loss up to its amount (Miss. Code 25-1-15).
Who is protected, and who can make a claim?
The public and the state. The bond is payable to the State of Mississippi and can be sued on in the name of the state for the use and benefit of any person injured by a breach (Miss. Code 25-1-17). If the surety pays a claim, the officer must repay the surety.
How long does the bond last, and when do I renew?
The bond is tied to the term of office. A new bond must be secured at the beginning of each new term, or every four years, whichever is less (Miss. Code 25-1-15).
Where do I file the bond?
Where the governing statute directs. County and district officers’ bonds are approved by the board of supervisors and filed and recorded with the clerk of the chancery court; the chancery clerk’s own bond is deposited with the circuit clerk after recording. Municipal officers’ bonds are approved by the municipal governing authority (Miss. Code 25-1-19). Confirm the exact location with the approving authority.
Is a public official bond the same as insurance?
No. Insurance protects the person who buys it. A public official bond protects the public and the state. If a claim is paid on the bond, the officer is responsible for repaying the surety.
