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What Do I Do If My Boss Demands Other People Can Access My Notary Seal And Journal?

NNA Hotline Tip logo

My employer is requiring me to keep my journal and stamp in a locked file cabinet that must be accessible to others in my office. What do I do? D.H., Eureka, CA

You must inform your employer about California law, urge them to find another solution and keep your journal and seal under your control at all times. In California, Notaries are responsible for keeping their seal and journal secure under their direct control. It is illegal for anyone other than the Notary to possess these items. (Government Code, Section 8206)

Let your boss know that California Notaries who fail to keep their journal and seal secure could have their commissions suspended or revoked, and could be fined up to $750.

Laws in other states regarding storage of a Notary's tools may vary. Notaries should always follow their state's statutes regarding protection and access to a Notary's tools.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call (888) 876-0827, Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.

7 Comments

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elaine.webster@wellsfargoadvisors.com

23 Feb 2015

I am curious about something similar. I am also in California. My employer pays for all the notary fees and I am only allowed to notarize for clients and fellow employees. Each year I am required to photocopy my entire journal for our Compliance dept. Is this permissible?

National Notary Association

23 Feb 2015

Hello Elaine, Yes, it is permissible. Govt. Code Section 8206[d] states that an employer may ask a Notary-employee to provide copies of journal entries directly related to the employer's business, provided the copying is done in the Notary's presence.

Chris_In_Texas

10 Mar 2015

Can Elaine Webster's employer who paid the notary fees dictate who she is allowed to perform notarization for?

Rebecca

10 Mar 2015

Your boss also must remember that you are an officer of the state. You're not a notary for the company, but for the state. My company also pays for my notary fees and tools as a courtesy, however, I am licensed by the state as a notary. I'm a Texas notary and I know our guidelines are a little different as well.

TJ

10 Mar 2015

Can they really say you're not allowed to perform any other notary acts on your personal time? That doesn't seem right. I am only allowed to perform employeer notary acts during business hours.

ROSE WHITMORE

11 Mar 2015

I appreciate all the questions and answers especially about Texas and Arkanss. Can a Texas notary notary sign papers for an Akansas resident? I believe a few days ago there some information pertaining to a similar situation indicating that we need to have the correct identification. Thanks

National Notary Association

12 Mar 2015

Hello Rose. A Texas Notary could perform a notarization for an Arkansas signer. However, the signer would have to personally appear before the Notary within the borders of Texas--a TX Notary may not notarize in another state. The signer would also need to be identified and follow all other requirements according to TX notarial law.

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