In order to limit their exposure to liability, companies might establish rules governing the types of documents that can be notarized and for whom notarizations can be performed. For example, the company or organization may have a rule that only clients or members may have documents notarized by company notaries.
Company managers may want notaries to steer clear of certain types of documents that are frequently the cause of litigation, such as last wills and testaments. These rules make sense for the companies.
Their notaries are paid to perform notarizations and do other work for them. Having people coming in and out all day for notarizations unrelated to company business would be a distraction. A notarial error on a document could embroil a company in an expensive and time-consuming legal battle and perhaps result in monetary damages against the notary and the company. Some states have statutes prohibiting companies from refusing to notarize for non-clients. Some also have statutes forbidding a notary to refuse to notarize if the person or persons have the money to pay the applicable notarization fee.
Some states lack any guiding statute on this matter, but their state notary authorities have written a rule saying that notaries public are public officers and must be available to the public. In these cases, a company or bank may not instruct its notaries to outright decline to notarize for people who are not clients or members. Outright declining to notarize for a non-client, in a state that forbids notaries to refuse to notarize, could generate a complaint from the rejected nonclient to the appropriate state agency.
The notary who refused to perform the notarization because of company policy will be the one to receive the unpleasant letter or phone call from the agency in charge of disciplining notaries public. If such policies having to do with clients or types of documents are present in your workplace, this may be a good time to review them officially with management.
It depends on individual state rules. Some states authorize remote online notarizations RON , where qualified Notaries may use approved audiovisual technology to remotely notarize for signers located in other states or countries. However, the Notary must be physically located in the commissioning state when performing the remote notarization.
To help us provide you with more specific information, can you tell us what state you are commissioned in? Home Notary Bulletin. Notary Bulletin. Email Share. I own my own business. Can I notarize for my clients?
My husband and I are real estate realtors. May I notarize documents for clients of the business? I have a mechanics release lien that all my subcontractors have to sign. Back to top.
Please Select a State. Please select your state from the dropdown menu below and then click on the "Update State" button to order notary products. Secondly, can I charge my employer for notarizing documents for them?
Thanks in advance! Georgia does not require its Notaries to keep a journal, but state officials recommend doing so in order to keep a record of the notarial services you perform. State Notary law does not address charging employers for notarizations; this is something you would need to discuss with your employer. My employer paid for my notary.
Under the new Pennsylvania Notary law which took effect October 26, an employer may limit Notary services during business hours to only business related documents. Also, all fees collected during business hours would be remitted back to the employer. Finally, you may be responsible for reimbursement of commissioning costs if you are fired or quit during the commission term.
I work for a real estate attorney in Florida. If I notarize a document while in his office, not related to my job, is he responsible if something goes wrong. We're sorry, but that is a legal issue we are not authorized to provide advice for.
You would need to speak to an attorney familiar with the relevant Florida laws to answer legal questions about your boss' potential liability for a notarization performed in his office. I'm a notary for NM, I add 1. My employment paid for my training and notary when I first became a notary. As I remember during our training we were informed that it was up to the notary to charge what was reasonable. Does my supervisor have the right to post the amount of notary by public display without consulting with the certified public notary?
New Mexico's Notary laws do not address employers setting the fees employee-Notaries may charge. The New Mexico Secretary of State's website says that an employer "shall not establish fees for notarial services that are in excess of those specified on page 10 of the New Mexico Notary Public Handbook, nor on the attributes of the principal as delineated.
I am a notary in GA. My employer municipal government paid for me to become a notary and for the seal. I was recently terminated and they are refusing to give it to me stating that it belongs to the city. Your employer may not require you to leave your stamp or seal, commission certificate, or recordbook behind. I am a notary public in the state of Pennsylvania. I have never turned away an employee who who asked for a notarized document, charge them a fee and I keep that fee.
My employer did pay for my education, supplies and fees. One person filed an unfair labor practice against my employer and although I was uncomfortable signing it, he had everything he needed and I felt I could not turn him away.
I did notarize the document and my employer is furious over it. Was I in the wrong? What types of polices can my employer make in reference to notarizing? It is important to remember that notarizing a signature on a document does not mean that you endorse or support its content.
The Notary simply acts as an impartial witness to verify the identity of the signer. As long as the request for the notarization was lawful, and you are not a party to the document in question, named in the document or have some other disqualifying interest, you may perform the notarization. Also, even if an employer paid for your commission and tools, that does not give the employer authority to force you to refuse a lawful notarization request.
Pennsylvania does allow an employee's Notary fees to be remitted to the employer, but only if the employer and employee both agree 57 Pa. I am a notary in the state of California. If your employer pays for the costs of your commission and supplies, can you be required to perform notarial services free of charge for other employees for personal documents?
There are no fees for business related documents but what about personal documents offered as a company benefit? I am a Louisiana Notary, are there rules regarding employer compensation, as I am available during work hours to notarize documents. Am I able to charge a fee or ask for compensation for my services? PT Saturday: a. Hello, I am a notary in the state of Oregon and am trying to find a sample document for a Fee Agreement with my employer.
Is there a resource for this kind of document? I have been unable to find one so far. Page 25 of the Oregon Notary Public Guide states the following: " An employee notary public may enter into an agreement with their employer whereby the notary performs their notarial duties and the fee is retained by the employer.
The fees must not be more than established by Oregon law, ORS An agreement should be reviewed by legal counsel, if available, to ensure compliance with notary law and rule. Do you happen to have the number of the Oklahoma Executive Order that you refer to in the article?
For example, the employer could prohibit the notary from performing notarial acts for anyone other than the employer while at work. The employer, however, may not prohibit the notary, as a ministerial officer, from performing lawful notarial acts, as set forth in 49 O. Opinion of May 11, I'm a notary in the State of Nevada.
My employer paid for all fees associated with me becoming a notary. While at work I do not charge any fees and have not done any outside of my work as well. Do I have this option to not charge?
I am a Nevada Notary. I paid for my notary and bonds, etc. Is this allowed? Again they have not paid for my notary bond appointments etc.. All fees received by a notary public for notarial services provided while not on duty remain the property of the notary public.
An employer may not cancel the notary bond or notary commission of any notary public who is an employee and who leaves that employment" ARS [D]. Can an employee refuse to use a notary that was paid by the company for company business?
Can we charge for the amount we paid for notary since that employee doesn't want to use her notary? Pennsylvania- I volunteered to have my hospital employer pay for me to become a notary to assist with handicap placards and POAs when I have time during my regular work hours. Can I decline to do other notarial acts that are unrelated to these specific criteria?
Can a South Carolina employer restrict notary public duties to only clients of the business and refuse non- clients and the public? Which is in control of refusing notarizations, the employer or the notary public?
South Carolina Notary laws do not provide specific guidance on this issue. However, an employer may not restrict a Notary Public's services outside of business hours. I close, notarize sale transactions and refi's.
Can I notarize other documents outside of my current job? I work as a part timer as a mobile closer or at close at office after business hours. Yes, you may notarize documents not related to your job, provided that you do not have a disqualifying interest in the document or transaction.
Can you help with the template letter format how to do. You would need to contact the state agency you spoke to to ask what information is required for this letter and any instructions regarding its format. I have an employee who was previously commissioned with Bond through a school district, but she is now an employee of state supported living center both state of Texas. Provided that the Notary's commission and bond are both still current, the Notary should be able to notarize.
I am a notary at my job in California in which the employer receives the payments for my notarizations. If I also want to be a mobile notary outside of work in which I receive the compensation what are the steps that I have to take to achieve this?
Am I required to file anything with the state, clerk, etc? You are free to use your commission to perform mobile notarization services outside of your regular business hours. If you wish to start your own mobile Notary business, you may need to contact the appropriate city or county agency that issues business licenses to find out if you need to comply with any local business registration or business tax filing requirements.
I live in Texas. My employer purchased my notary and bond. I want to become a signing agent. Can I use my notary stamp that my company provided to me to notarize outside of work?
Yes, you would need to use the same stamp for all notarizations that you perform, whether at work or outside of work. I am a e-notary in Colorado and my employers Corporate office is in Arizona, can i e-notarize garnishment documents served to my employer in AZ for employees located in states we do business aside from just Colorado?
I am a notary in California, I was recently told that if I don't charge clients at work than I am not allowed to at all. For example if I did a notary outside of work hours. This depends on what state you are commissioned in.
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