Does It Pay To Sign Up For Legal Service Through Employer

Updated eleven-29-21. Notaries working in an part setting are both public servants and private employees — which can make it very tricky to balance your duties as a Notary with your obligations to your employer. If you are i of these Notaries, here are some important facts you need to know.

Notarizing During Business Hours

Employers more often than not are allowed to control the work of their employees. State employment law forms the footing for the work relationship. Nevertheless, state Notary police may prescribe specific rules directing Notary-employees and the notarizations they perform while at work. Some states accept antiseptic this in diverse ways.

In California, the police allows a Notary and the Notary's employer to enter into an agreement limiting the performance of Notary services to transactions that affect the concern purposes of the employer during working hours. In exchange, the employer pays the costs associated with the commission of the Notary-employee. This agreement may also have a provision in it for the Notary to remit fees collected for notarizations performed on the job to the employer.

In Texas, a 2016 administrative dominion clarifies that an employer may limit the notarizations Notary-employees perform at work. While not technically a law, in Oklahoma, an Attorney General opinion achieves the aforementioned result. And, the Executive Office of the Governor of Florida states that employers have this right in its Governor'southward Reference Manual for Notaries.

In the following states, Notary laws explicitly prohibit Notaries or employers of Notaries from limiting Notary services to customers or clients:

Arizona
Hawaii (except for Notaries in government service)
Iowa
Massachusetts
New Mexico

Notarizing Outside Business organization Hours

Some employers accept tried to prohibit Notaries from performing notarizations when the Notary is off the clock. They mistakenly recall that they are liable for the notarizations of Notary-employees performed during off-hours. While many states may allow an employer to dictate when an Notary-employee may perform notarizations while on the job, a Notary may perform a notarization for any member of the public on their own time — including lunch breaks.

Command Of A Notary's Tools

Your commission, seal and journal are your belongings — even if the employer paid for them. That ways you must keep your seal and journal under your control at all times and not surrender them to anyone, including an employer.

There are 3 exceptions:

Arizona allows Notaries working nether limited circumstances to keep ii journals — i for public records and one for nonpublic records protected by the attorney-client privilege or that are confidential pursuant to country or federal police. The journal containing nonpublic records is the property of the employer and, if the Notary leaves that job, the employer may keep the periodical containing only nonpublic entries.
Oregon Notaries may sign an agreement with an employer allowing the employer to keep the Notary's periodical if the Notary leaves the employer'south service. The Notary must keep a copy of the agreement.
Tennessee Notaries who work for a financial establishment field of study to the Financial Records Privacy Human activity, perform notarizations during the scope of their employment and charge a fee, must provide access to their journal according to the requirements of the Fiscal Records Privacy Act or the federal Right to Privacy Human activity.

Apart from these exceptions, an employer may not take possession of a Notary's seal and journal or give them to some other employee, even if the employer paid for the tools or the Notary quits or is fired.

David Thun is an Acquaintance Editor at the National Notary Association.