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Can My Boss Stop Me From Advertising Notary Services?

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I work for an assisted living community and notarize for the residents. My employer does not want me to place my “Notary Public” sign in my work area. Is this OK by law?D. W., Fresno, Texas

Texas law does not mandate that you display a “Notary Public” sign. It sounds like your employer wants to restrict your Notary activities in some manner. Texas Attorney General Opinion GA-0723 may apply to your situation. It states in part: “… we believe that by reconciling chapter 406 (of the Texas Government Code) with the common law, a court would conclude that an employer may limit the notarial acts performed by its employees during working hours.”

State laws regarding employer control of a Notary’s activity vary in other states. For example, Oklahoma permits employers to limit the notarizations employees perform at work. Other states (such as Arizona and Iowa) specifically prohibit Notaries or employers of Notaries from limiting notarial services to customers or clients in their Notary laws. Always be sure to follow your own state’s laws regarding employer control of a Notary’s work activities.

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 1-888-876-0827, Monday through Friday, 6 a.m. to 6:30 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.

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