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Other Notary Issues

Can my employer prevent me from notarizing after work hours just because he paid for my notary commission?

No. Your employer cannot govern your duties outside the scope of your employment even if the employer paid for your notary commission. All fees received from your notary services outside the workplace of your employment remain your property.

I notarized a document recently. Now they are asking for my address to be added near the notarial certificate. Do I have to comply?

In such a situation, a notary public may include their work address on the form, or the requestor may obtain the address from the state’s commissioning authority. The address provided to the public by the state’s commissioning authority will be the address listed on notary’s application for appointment.

Can I notarize on a Sunday?

Most states do not prohibit notaries public from performing notarial acts on Sundays; however, notaries are encouraged to read their state notary statute to make sure there are no exceptions.

Is it appropriate for a notary to request a copy of the document she notarized for her files?

No. Many documents that notaries notarize contain very sensitive information. In many states, the notary record book and the papers kept in the office of a notary public are “open records,” which means anyone can demand a copy of any papers kept by the notary. A notary must never make and keep a copy of the documents he or she notarized. A notary public can substantiate the execution of proper notarial procedures through a well-maintained notary record book.

Can an employer require you to be a notary in order to keep your job?

An employer has a right to require its employees to become notaries public as part of their duties of their employment in order to meet the needs of the business. However, an employer cannot govern the duties of the office of notary public. The notary public has a duty and responsibility to the state to perform faithfully the duties of office as notary public pursuant to the state’s notary laws.

Legal disclaimer: The information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and we do not guarantee the accuracy, completeness, or reliability of the information provided. You should always seek the advice of a licensed attorney for any legal matters. It is your responsibility to know the appropriate notary laws governing your state. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions.