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Hotline Tip: Can My Employer Prohibit Me From Notarizing Outside Of Work?

NNA Hotline Tips For NotariesAs a Florida Notary, I was recently invited to perform a marriage ceremony. However, as a bank-employed Notary, my manager told me that I cannot perform my duties as a Notary outside of my business hours at the bank, since the bank paid for my Notary commission and supplies. Is this correct? - K.T., Boca Raton, Florida

Your Notary commission was issued to you as an individual, even if the bank paid for your Notary supplies and commission. While you must follow any agreement you made with the bank while at work, the bank does not have the right to prohibit you from notarizing outside of work hours. As a Florida Notary, your commission is effective anywhere within the borders of the state of Florida, not just within the bank’s branch, and not just during business hours.

 

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2 Comments

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G. Ramos

10 Apr 2023

What about California? I am in the same situation.

National Notary Association

14 Apr 2023

Hello. In California, “A private employer, pursuant to an agreement with an employee who is a notary public, may pay the premiums on any bond and the cost of any stamps, seals, or other supplies required in connection with the appointment, commission, or performance of the duties of such notary public. Such agreement may also provide for the remission of fees collected by such notary public to the employer, in which case any fees collected or obtained by such notary public while such agreement is in effect shall be remitted by such notary public to the employer which shall deposit such funds to the credit of the fund from which the compensation of the notary public is paid” (GC 8202.7). If a Notary has entered into such an agreement with a private employer, the employer may limit the employee to notarizing “solely to transactions directly associated with the business purposes of the employer” during the employee’s normal working hours (GC 8202.8).

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