Updated 3-7-23. When an employer asks you to work as a Notary, it's important to know what you both can and cannot do. There are 5 important things to know when working as a Notary-employee.
Tools of the office: Many employers incorrectly believe they should be able to control, or at least have access to, their Notary-employees’ stamps and journals. These are the tools of the Notary office, and the Notary must control and safeguard them at all times. For example, California, Florida and Pennsylvania all prohibit the use of a seal by anyone other than the Notary it was issued to, and California requires its Notaries to store their tools in a locked and secure area. If they are stored at the office, they must be kept in a place only the Notary can access. (However, please see the exceptions regarding journals when a Notary leaves employment below.)
Notary fees: Most states don’t have statutory rules about who keeps fees charged for Notary services. Typically, a written agreement between a Notary and the employer is the best way to clear up the confusion. Under certain conditions, an employer can collect the fees for notarizations performed by a Notary-employee. For example, in California, a private employer who purchases the notarial supplies and bond for an employee can make a voluntary mutual agreement to receive fees for notarizations performed during business hours. Pennsylvania also allows notarization fees to be received by an employer, but only if the Notary and employer both agree to do so.
Following the law: Many employers who do not understand the purpose and protections of notarization push their Notary-employees to perform improper or illegal acts — an issue that dramatically increases legal risks to the public, the company and to the Notary. State law and ethical practices always take precedence over employer requests. For example, an employer cannot ask you to violate the law by ignoring personal appearance or state ID requirements for clients.
Notarizing outside of work: Notary commissions are granted to a person as an individual, even if their employer paid for the supplies and commission fees. A Notary must follow any agreement made with their employer while at work, but the employer does not have the right to prohibit them from notarizing outside of work hours.
However, Texas permits an employer to limit or prohibit an employee who is a Notary Public from notarizing during work hours. The Texas Attorney General’s office issued a letter opinion in 1988 indicating that a Notary who is employed by a governmental body may refuse to take acknowledgments for the general public and must refuse when doing so would interfere with the employee’s discharge of his or her duties as a public employee.
The following states explicitly prohibit Notaries or employers of Notaries from limiting notarial services to customers or clients in their Notary laws:
- Arizona
- Hawaii
- Iowa
- Massachusetts
Post-employment: Some businesses incorrectly believe that they automatically retain the commission and Notary tools when an employee leaves. A Notary’s obligation is to the state and public, not the employer, and the journal and seal stamp depart with the Notary. California and Florida specify in their laws that employers may not take possession of a Notary's seal when a Notary leaves employment, no matter who paid for the Notary's commission. In Texas, the state Attorney General's office has issued an opinion (Tex. Atty. Gen. Op. GA-0723) that employers may not retain an employee's Notary seal or journal records upon termination of employment.
There are two states with exceptions: Arizona allows Notaries working under limited circumstances to keep two journals — one for public records and one for nonpublic records protected by the attorney-client privilege or that are confidential pursuant to state or federal law. The journal containing nonpublic records is the property of the employer and, if the Notary leaves that job, the employer may keep the journal containing only nonpublic entries.
Oregon Notaries may sign an agreement with an employer allowing the employer to keep the Notary’s journal if the Notary leaves the employer’s service. The Notary must keep a copy of the agreement and another copy of the agreement may be sent to the Secretary of State's office. The employer is required to retain the journal for a minimum of 10 years from the date of the last act recorded.
Apart from these exceptions, an employer may not take possession of a Notary’s seal and journal or give them to another employee, even if the employer paid for the tools or the Notary quits or is fired.
It is a good idea for companies to create clear, consistent Notary policies that conform with state law, and make sure managers and Notary-employees understand them.