May I Offer Notary Services Outside Of Work?

I work as a Notary for a nursing home, but I would like to offer notarial services outside of work. Am I allowed to perform outside of business hours? — A.N., Pennsylvania

Yes. You are allowed to notarize documents after working hours. Even if your employer paid the costs of your Notary commission, the commission belongs to you, not your employer.

There are a number of opportunities to become a mobile Notary or Notary Signing Agent. The Notary Bulletin includes several articles on building your Notary business that you may find helpful.

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.

24 Comments

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Felicia

06 Nov 2024

I have my Notary through my employer. I want to start doing notarizes on the side outside of working hours. What are the next steps I need to take to start this process? I am in the State of California.

National Notary Association

08 Nov 2024

Hello. This article may help you get started: https://www.nationalnotary.org/notary-bulletin/blog/2020/12/4-steps-to-become-a-mobile-notary

Alyssa

16 Jun 2024

Question: I became a Notary through my job all expenses paid. The application. Stamp and the bond. My question is if I want to become and online notary on my own and pay for my application myself do I need to buy a separate bond for the remote side and not sue what my employer paid ? Thanks! I wasn’t sure do this was allowed.

18 Jun 2024

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Veronica

24 May 2024

State of Arizona: A Bank employee. But I also went through the courses for signing loan agent so I can do some side hustling as well. I understand bank paid for my commission. But I also paid for my own bond and E&O insurance for anything outside of the bank I do....Was that necessary? Since banks do not charge for notaries, can I charge when I am on my own time outside of the banking? Do I still keep one book for both sides? or One for here at the bank and another one outside but keep with me at all times? One book is it okay that it shows some has no fees and some do? I just want to make sure I am doing everything legal. Part time at a bank doesnt pay for much these days so I am trying to figure things out that I am good at and good with people. Thank you I hope everything made sense. Because I cannot get a straight answer from anyone.

Yes, you can operate as a Notary Public outside of your employment even if they paid for all are part of your Notary commission. You can charge the statutory fees required in Arizona. However, do not keep separate journals for notarizations done while not working for your employer.

Jeremy

05 Apr 2024

I am no longer working for the bank that helped me become a Notary for Kansas. Am I able to notarize valid documents or do is my stamp invalid now? Also if valid do I need to obtain insurance to notarize documents? If so, how do I do I proceed?

08 Apr 2024

Hello. Your Notary commission remains valid until it expires, regardless of who initially paid for the commission. Kansas Notaries are required to have a $12,000 surety bond, you should contact the Secretary of State's office to check if your surety bond is still current or has been cancelled by your employer. If your bond has been cancelled you will need to obtain a new one. The Secretary of State's office can be reached at 785-296-4564. If you find yourself in need of a new bond, surety bonds are available through the NNA here: https://www.nationalnotary.org/kansas/insurance/bond.

Parker

29 Aug 2023

Can I use my employer paid notary outside of work? I’m in Texas… also what happens to my notary if I no longer work for that employer?

02 Oct 2023

Yes, you can notarize outside of work hours on your own. If you quit, you commission goes with you because it belongs to you regardless of who paid for it.

Christie

06 Jul 2023

Hi! I’m in AZ and just became official. I used my employer’s address as my working address. Can I notarize on the weekend off property? Does that affect anything if I start doing RON and mobile after hours as well?

25 Jul 2023

Hello. In Arizona, “A notary public is a public officer commissioned by this state and all of the following apply without regard to whether the notary public’s employer or any other person has paid the fees and costs for the commissioning of the notary public, including costs for a stamping device or journal: “1. A notary public’s stamping device, commission and any journal that contains only public record entries remain the property of the notary public. “2. A notary public may perform notarial acts outside the workplace of the notary’s employer except during those times normally designated as the notary public’s hours of duty for that employer. All fees received by a notary public for notarial services provided while not on duty remain the property of the notary public. 3. An employer of a notary public may not limit the notary public’s services to customers or other persons designated by the employer” (ARS 41-269.G).

Andrea

09 May 2023

Greetings, I am located in TN. If my employer paid for my commission, stamp and journal, am I allowed to notarize outside of work? And, if allowed, what kind of insurance am I required to carry?

22 May 2023

Hello. There are no restrictions in Tennessee regarding notarizing outside of your workplace. All TN Notaries are required to obtain a $10,000 surety bond. It is up to you if you wish to also purchase a Notary errors and omissions insurance policy to protect yourself against liability. You can find more information about E&O here: https://www.nationalnotary.org/support/faq/insurance

Kelsey

26 Apr 2023

I am a notary in New York. If my employer paid for my commission, stamp and journal, am I allowed to notarize outside of work?

28 Apr 2023

Hello. There are no New York Notary laws restricting you from using your Notary commission outside of your job.

Shannon

24 Apr 2023

Montana

Thank you. Please be aware that a surety bond and E&O insurance are two different things. Montana Notaries must carry a $25,000 surety bond from an authorized provider. This bond is used to pay any damages to a signer resulting from an improper notarization, and must be paid back by the Notary. E&O insurance is a separate policy that provides coverage for a Notary in the event the Notary is sued regarding a notarization. An E&O policy is separate from the surety bond. If you already hold an existing E&O policy, you would need to contact the insurance provider to ask if your coverage applies to notarizations outside of your regular job.

SHANNON PERRY

IF WE NOTARIZE ON THE WEEKEND OR LUNCH DO WE HAVE TO HAVE OUR OWN BOND INSURANCE ?

Cyn

06 Apr 2016

However, if your employer specifically asked you not to perform notarial acts after hours, we are still not allowed - correct? Or does my employer not really have the right, even though they paid for my fees.

Hello. While many states may allow an employer to dictate when an employee-Notary may perform notarizations while on the job, a Notary may perform a notarization for any member of the public on their own time — including lunch breaks.Please see this article for more information: https://www.nationalnotary.org/notary-bulletin/blog/2014/08/notarizing-on-the-job-boss

vicki Beaty

04 Apr 2016

Can l renew my notery on line its has expired

Hello Vicki. If you can tell us what state you are commissioned in, we can provide you with more information. Alternately, our Customer Care team can assist you with renewing your commission if you contact them at 1-800-876-6827.

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