Agreements Between California Notaries and Private Employers

If you’re looking to become a California notary, our state-approved online course covers everything including exam prep and your certificate. Learn about the course 

Key Takeaways

• Your notary journal and seal are your exclusive property, even if your employer paid for them (Government Code § 8206(d) and § 8207)
• Employers can inspect and copy journal entries related to their business, but only in your presence (Government Code § 8206(d))
• California does not require a written agreement between notaries and employers, but having one prevents disputes
• You cannot surrender your journal or seal to your employer when you leave, regardless of who paid for them

Who Owns Your Commission, Seal, and Journal

The notary public commission is issued to you, not your employer. Your name is on it. The Secretary of State holds you personally responsible for every act you perform. Your commission, seal, and journal belong to you, no matter who paid for them.

Government Code § 8206(d) states that the journal “is the exclusive property of that notary public, and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal.” The same rule applies to your seal under Government Code § 8207: “The seal must not be surrendered to an employer upon termination of employment, whether or not the employer paid for the seal.”

The statute says “whether or not the employer paid for” the items. It does not matter if your boss reimbursed you for the $100 seal or the $15 journal. When you leave the job, those items go with you.

What Employers Can and Cannot Do With Your Journal

Government Code § 8206(d) gives employers limited access to your journal. A notary who is an employee “shall permit inspection and copying of journal transactions by a duly designated auditor or agent of the notary public’s employer, provided that the inspection and copying is done in the presence of the notary public and the transactions are directly associated with the business purposes of the employer.”

Breaking that down: your employer cannot take the journal to their office and flip through it alone. You must be there during any inspection. The employer can only see entries related to their business transactions, not entries for notarizations you performed for personal clients on your own time. And the statute says you “shall regularly provide copies of all transactions that are directly associated with the business purposes of the employer,” which means sharing relevant entries should be part of your normal workflow.

The employer is responsible for keeping any copies confidential. If your boss leaves copies of your journal entries sitting on a desk where anyone can see them, that is their liability, not yours.

Fee Arrangements Between Notaries and Employers

California law sets maximum fees for notarial acts at $15 per signature for acknowledgments and jurats (Government Code § 8211). What happens to those fees in an employment setting is between you and your employer.

Notaries and employers handle fees in different ways: some employers keep all fees and pay the notary a salary (the notary records $0 in the journal fee column). Others charge the customer and split the fee. Some notaries keep all fees and the journal shows the full $15.

Regardless of the arrangement, you must record the fee charged in your journal for every single entry. If your employer’s policy is not to charge customers for notarizations, you write $0.00. A blank fee column is a violation of Government Code § 8206(a)(2)(F).

Why a Written Agreement Matters

California does not require a written agreement between a notary and their employer. But without one, you are relying on verbal understandings that can fall apart the moment there is a dispute. An agreement should cover who pays for the commission application, exam, Live Scan, bond, seal, and journal; what happens to the commission if the notary leaves the job; whether the notary can perform notarizations for non-employer clients during work hours; how fees are handled; and how the employer will access journal entries under the conditions required by Government Code § 8206(d).

An agreement cannot override state law. Even if you sign a contract saying your employer owns your journal, the statute controls. You cannot contract away your obligation to keep the journal under your exclusive control. Any provision that contradicts Government Code § 8206 or § 8207 is unenforceable.

What Happens When You Leave the Job

When you stop working for an employer, you take your seal, journal, and commission with you. The employer cannot hold any of these. If they refuse to return them, contact the Secretary of State’s office immediately.

Before you leave, provide your employer with copies of all journal entries related to their business transactions. GC § 8206(d) says you “shall regularly provide copies” of business-related entries, so this should not be a new practice at departure time. Once you have provided those copies, your obligation to that employer ends.

Your commission continues regardless of where you work. If your commission was set to expire in two years, you have two years left. Changing jobs does not change your commission. It belongs to you.

Frequently Asked Questions

Can my employer require me to notarize only their documents?

As a condition of your employment, yes. Your employer can set workplace rules about what you do during work hours. They cannot stop you from performing notarizations on your own time outside of work, but they can prohibit you from using company time or resources for personal notary business.

My employer says I have to leave my journal when I quit. What do I do?

Do not leave your journal. Government Code § 8206(d) is clear: the journal is your exclusive property and shall not be surrendered to an employer. Offer to provide copies of business-related entries before you leave. If the employer insists on keeping the journal, contact the Secretary of State’s Notary Public Section at (916) 653-3595.

Who pays for my notary bond and commission?

That depends on your arrangement with your employer. Some employers cover all costs as a business expense. Others expect the notary to pay. California law does not require either party to pay. Negotiate this before you accept the commission.

Can my employer limit what I charge for notarizations?

Your employer can set the fee policy for notarizations performed during work hours as part of their business. The fee cannot exceed the $15 per-signature maximum in Government Code § 8211. For notarizations you perform outside of work, you set your own fees (still capped at $15 per signature).

Do I need errors and omissions insurance if my employer already has coverage?

Your employer’s insurance covers the business, not you personally. If someone sues over a notarization you performed, they can name you individually. Your own E&O policy protects you regardless of where the notarization took place.