I will be resigning my position as a Notary in a couple of weeks, and I was hoping that you could give me a walkthrough of what steps need to be taken in doing so. I've seen conflicting reports of what happens.
When I resign, I have to get rid of the stamp. The journal part is confusing me. I've seen that we need to keep the records for 10 years but I've also seen instructions that say you have to turn your journal in. I have also filled 4 previous journals, and have an active journal that is about halfway through. Will I have to turn those in or hold on to them?
Also, because of the way the insurance works here, I am no longer covered after I leave. Do I still need to get error and omissions insurance on my own or is there a different type of insurance for former Notaries? How long would I need to keep an insurance policy for after resigning? — D.J., Missouri
When you resign your Notary commission, you must submit a signed resignation notice to the Missouri Secretary of State using certified mail or an approved electronic method that provides a receipt. Your Notary journals must also be sent to the Secretary of State using certified mail or another delivery method that provides proof of receipt.
Regarding your E&O insurance, if you purchased your policy through the NNA, it is what is known as an “occurrence” policy and will cover you for notarial acts you performed during the policy period, even when a claim is filed after you resign your commission or are no longer a Notary. Other policies may be “claims-made” policies that only cover you as long as the policy is active. You may need to purchase “tail” coverage to keep this type of policy active after you resign. If you didn’t purchase your policy through the NNA, contact your insurance agent or carrier for assistance with your questions.
If you are looking for resignation guidelines for Notaries in other states, please see our article on what you should do if you have to resign your Notary commission for more information.
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
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