Online Notary Course  for California
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Part 2, Section 8
Employer-Notary Agreements

Although you are required to notarize for anyone who makes a lawful request for your services and pays the fees, California law allows for one exception to this rule.  If your employer has paid your commissioning fees and purchased your bond and notarial supplies, you may enter into an agreement with your employer to restrict your notarial services during normal business hours to business-related transactions only. 
Government Code § 8202.8
 

This provision does not discriminate between people, but rather between the types of transactions that can be performed.  It is recommended that you get this agreement in writing.

For example, if you work in a law firm, your employer may have you notarize many legal documents that he or she has prepared for clients, but if a client comes in needing a document notarized that has nothing to do with the law firm you work for, you must refuse.  Even if your employer or a co-worker requests a notarization for a non-business related matter during normal working hours, you must refuse.

During non-business hours you have the duty to perform any and all notarial acts whenever a legal request is made.  Even though you may be a private employee, you are still a public officer and are required to serve the public.

Also, if your employment is terminated before the end of your commission period, and you decide to keep your commission, you are then free to notarize for anyone at any time.  Also, your former employer may not terminate your bond.

Part of the employer-notary agreement may set the fees you may charge (if any), and may require you to remit any fees collected to your employer.  Your employer must then deposit those fees into the account from which your salary is drawn.
 


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All rights reserved. Revised: 07/14/09.