4 Things to know about using your Notary seal and journal.
Safeguarding your seal and journal from possible misuse at work is a crucial aspect of your Notary responsibilities.
Here are four key points Notaries and their employers should be aware of regarding the use of Notary seals and journals in the workplace:
The seal and journal are typically the Notary's property.
The seal and journal must always be kept secure.
Only the Notary is authorized to use the seal and journal.
Notaries must decline improper requests for the seal and journal.
1. The seal and journal are typically the Notary's property.
Even if an employer paid for your Notary seal and journal, it doesn’t mean they are entitled to retain those tools if you leave the company. Generally, you retain your Notary tools. For instance, Florida law mandates that a Notary's seal must not be handed over to an employer upon employment termination, regardless of who paid for it. Although Texas law doesn't explicitly address ownership of a Notary's tools, the state attorney general has opined that an employer does not own a Notary's seal or journal, and these tools should always remain with the Notary (Texas Attorney General Opinion GA-0723).
However, some states have exceptions concerning journals. In Arizona, certain Notaries in professions involving sensitive information can maintain two journals: one for public records and another for nonpublic records protected by attorney-client privilege or confidentiality laws. A journal with nonpublic records belongs to the employer, and if the Notary leaves the job, the employer may retain it. The Notary retains the journal with public records.
Oregon allows Notaries to sign an agreement with an employer permitting the employer to keep the journal when the Notary ceases working for them. An Oregon Notary must keep a copy of this agreement.
When a Colorado Notary's commission ends, Notaries may choose to leave their journal with their employer and provide the employer's contact information to the Secretary of State.
Employers and Notaries should acquaint themselves with their state laws regarding the ownership of a Notary’s tools and adhere to those regulations.
2. The seal and journal must always be secure.
A stolen Notary seal can facilitate fraud, and a journal contains sensitive personal information about signers that could be exploited for identity theft or other crimes. Therefore, your seal and journal must always be stored securely under your exclusive control when not in use.
Some states mandate this by law. For example, California explicitly requires Notaries to store their journals and seals in a locked, secure area under the Notary’s exclusive control when not in use.
Even in states without specific storage requirements, the NNA strongly advises Notaries to keep their tools in a secure location such as a safe or locked desk drawer. Leaving your tools in an unsecured area, like on top of your desk, exposes you to the risk of them being found and stolen, which could lead to significant legal issues and potential lawsuits.
3. Only the Notary is authorized to use the seal and journal.
Remember, your tools are not ordinary office supplies like staplers or pencil sharpeners. Your seal and journal are your personal property and may only be used by you; they cannot be borrowed or used by a supervisor or coworkers. If you are absent due to illness, for example, your boss cannot have another employee use your seal to stamp documents. Nor can your boss demand that you share your Notary tools with coworkers to expedite business operations.
It is a serious legal violation for anyone other than you to use your tools — and could land you, your coworker, and your boss in significant legal trouble.
4. Notaries must decline improper requests for the seal and journal.
Supervisors and colleagues often lack awareness of the strict regulations Notaries must adhere to. If a boss or coworker wants to borrow your tools, asks you to allow someone else to use them, or makes any other requests you know are illegal, you must refuse.
It’s beneficial to keep your state Notary laws handy to demonstrate why you must decline. Refusing illegal requests and adhering to proper practices not only safeguards your commission but also protects both you and your workplace from potential lawsuits.
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