Can Your Boss Stop You From Notarizing Outside The Office?

As 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 notarial duties 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 the bank may limit or restrict the notarizations you perform during work hours, the bank does not have the right to limit or restrict you from notarizing outside of work hours.

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. After hours you can send a message to our Notary experts at Hotline@NationalNotary.org, and you will receive a response the next business day.

9 Comments

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Lou Bernier

21 Sep 2015

Again, please keep sending communications.

Denise Tuzo

Thank you for such informative bulletins. Please keep up the great work.

Ronald Gillis

Also, in the state of Florida, if you look at Florida Statute 117.05(3)(b) if you leave that employer EVEN IF they paid for your commission, you MUST take your stamp with you when you leave, as YOU are exclusively responsible for it, NOT your employer.

Lorraine Valentine

28 Sep 2015

thank you for the information! much appreciated!

Tiffany Collins

28 Oct 2015

This is true, too, for most states. I worked as the head notary for a nationwide mortgage bank and ran into this question at various operations centers across the country. I always made sure that each notary understood their commission was NOT the property of the bank despite the fact that the bank paid for the commission. However, we did, too, advise they were restricted from notarizing non-bank related documents during their shift but were free to do notarial services and charge the corresponding permissible fees once they left the office or were no longer on the clock. We got push-back from some managers but after stating that this was the LAW, they backed down.

Joan Turman

To be on the safe side of things, how long should a notary keep their journal before disposing of it?

National Notary Association

Hello Joan. That depends on the laws of the individual state. What state are you commissioned in?

Michelle

23 Jan 2022

I want to say this also applies in the state of California, but if anyone could confirm my hunch that would be greatly appreciated.

26 Jan 2022

Hello. A California Notary Public can notarize documents outside of employment even if the employer paid for the commission and related supplies. Please see here for more information: https://www.nationalnotary.org/notary-bulletin/blog/2019/05/can-notary-work-outside-office

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