Leaving a job where your employer paid for your notary commission is common. Determining the next steps depends on state laws and the specific employment agreements you signed. The legal consensus is that your commission is a public office and an individual grant of authority, meaning it is not a company asset that an employer can possess or transfer. This distinction dictates your responsibilities regarding financial obligations, state reporting, and the handling of your notarial tools after you separate from your former employer.
Understanding Notary Commission Ownership
A notary commission is formally considered a public office, granted by a state authority, typically the Secretary of State, to a specific individual. The commission is tied to you personally and is not transferable to your employer, even if the business financed the process. The authorization to perform notarial acts travels with you, regardless of your employment status.
The authority you hold is an extension of the state’s power, meaning a company cannot legally “own” or demand the surrender of your commission when your employment ends. Your primary obligation is to the state and the public you serve. You remain a commissioned notary until your term expires, allowing you to continue notarizing outside of your former workplace.
Potential Financial Obligations for Reimbursed Fees
Whether you owe your former employer money relies heavily on the presence and terms of a written agreement. If a specific contract, such as a reimbursement agreement, exists, it likely outlines the employer’s right to recoup expenses like the application fee, bond premium, and training costs if you leave within a certain timeframe. These clauses are the primary drivers of any financial obligation you may face.
To demand repayment, the employer must generally point to a clear, signed document articulating the terms. Without a specific agreement, the commission costs are often treated as standard business expenses incurred by the employer. State wage and labor laws often restrict what an employer can legally deduct from a final paycheck, even for costs they paid on your behalf.
Unauthorized deductions for notary fees are frequently prohibited unless you provided explicit written authorization compliant with state law. Some employers utilize Training Repayment Agreement Provisions (TRAPs) to recover these expenses. However, the enforceability of TRAPs varies based on the total cost, employment duration, and state contract laws. Generally, small costs like notary fees are difficult for an employer to recover if the original agreement was not clearly structured.
Required Notification and Updates to the Commissioning Authority
A change in employment requires mandatory procedural steps to maintain regulatory compliance with your state’s commissioning authority. You must officially report a change of business or mailing address to the state office, such as the Secretary of State. This must be done within a short, non-negotiable window, typically 10 to 30 days after the change. This requirement ensures the state can always contact you regarding your notarial acts or any potential complaints.
If your original application used your employer’s business address as your official address of record, changing jobs makes an address update immediately necessary. Failure to notify the state of this change in the required timeframe can result in administrative fines or disciplinary action against your commission. This regulation keeps the public record accurate and prevents the appearance of impropriety by using a former employer’s location as your official base.
Proper Handling of Notary Tools and Records
When you leave your job, you must properly handle the physical items associated with your commission: the official seal or stamp and the journal of notarial acts. In most jurisdictions, the official journal is your personal property and must remain in your exclusive possession, even if the employer paid for it. The journal is a record of public acts subject to state-mandated retention requirements, meaning you are responsible for its security for the duration required by law.
The official seal or stamp, while purchased for your use, is generally considered the property of the notary public. State laws often specify that an employer cannot take possession of this tool upon termination, regardless of who covered the cost. A few states, like Arizona and Oregon, may allow an employer to retain a journal containing confidential entries if a specific agreement was signed. If you continue notarizing, the existing journal and seal must typically leave with you.