Quick answer:
A Notary commission, seal, and journal belong to the individual Notary Public — not the employer — even if the employer paid for the commission or supplies. The Notary is legally responsible for safeguarding these tools and for using them only in accordance with state law. In most states (with very rare exceptions), the seal and journal must remain in the Notary’s possession when employment ends.
When an employer asks you to serve as a Notary Public at work, many questions can arise. Who owns the Notary commission? Can an employer keep the Notary seal or journal? Who keeps the fees for notarizations?
Understanding the rules for Notary employees helps protect the public, the employer, and the Notary. Below are five key principles every Notary employee should know.
Who controls a Notary’s seal and journal?
Many employers incorrectly believe they should be able to control, or at least have access to, their Notary employees’ stamps and journals. The seal stamp and journal are official Notary tools of office, and state laws typically require the individual Notary Public to control and safeguard them.
For example, California, Florida, and Pennsylvania all prohibit the use of a seal by anyone other than the Notary to whom it was issued, and California requires its Notaries to store their tools in a locked, secure area. If the Notary tools are stored at the office, they must be kept in a location accessible only to the Notary. (However, please see the exceptions regarding journals when a Notary leaves employment below.)
Who keeps Notary fees collected during work?
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.
Can an employer require a Notary to break 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 the Notary. State law and ethical practices always take precedence over employer requests. For example, an employer cannot ask Notaries to violate the law by ignoring personal appearance or state ID requirements for clients.
Can a Notary perform notarizations 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
What happens to a Notary seal and journal after employment ends?
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 Notary 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.
Companies should create clear, consistent Notary policies that conform with state law and ensure managers and Notary employees understand them.
FAQ: Notary Employees and Employer Rules
Can an employer keep a Notary’s seal?
No. In most states, a Notary seal must remain under the control of the individual Notary. Employers generally may not take possession of the seal, even if they paid for the commission.
Who owns a Notary journal?
The journal typically belongs to the Notary Public, who must safeguard and retain it in accordance with state law. The only exceptions are Arizona and Oregon, where employers may retain a Notary journal under certain circumstances.
Can a Notary work outside their employer?
Yes. A Notary commission is issued to an individual, not to an employer. Most states allow Notaries to perform notarizations outside their workplace.
Can an employer collect Notary fees?
Most states do not provide statutory guidelines for employers collecting Notary fees. In California and Pennsylvania, an employer may collect fees if the Notary and employer agree in writing and notarizations occur during work hours.
Even when an employer pays for a Notary commission, the Notary Public remains personally responsible for performing notarizations in accordance with state law and for safeguarding the official tools of the office. Clear agreements between employers and employees can help prevent misunderstandings while ensuring compliance with state Notary laws.