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Can A Notary Work Outside The Office?

New Hotline Resized 3My employer paid the costs for me to become a Notary Public. I plan to provide the company with unlimited notarization services for free. I would like, however, to also provide notarial services outside of work. What are the rules in California? Can I split my duties legally without any conflict of interest? Would I need a special agreement in place with my employer to do so without liability? — A.S., California

You may split your duties and notarize both at work and after work. A Notary Public can notarize documents outside of employment even if the employer paid for the commission and related supplies. No agreement is required for notarizations you perform outside of your employment. Your employer may have asked you to sign an agreement when your employer agreed to pay the costs for your commission. This agreement may have had a provision requiring you to remit any fees collected when notarizing for your employer (Government Code 8202.7). However, this agreement could not require you to remit fees for notarial acts you perform outside of work. Those fees are yours to keep.

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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Johnny Bankston

20 May 2019


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