Updated 5-29-24 with information for Illinois. Life happens. Jobs change. You might move to a new town, or finally retire. Circumstances come and go, and as a result, you may need to resign your Notary Public commission. Here is what you need to know to resign your commission:
Who do I notify when I resign?
When you decide to resign, you should notify the commissioning agency in your state—typically the Secretary of State. The notification should be in writing and sent via certified, return receipt, U.S. mail. Some states may allow or require the resignation to be sent through an online portal established to administer Notary commissions.
In California, Notaries Public are required to notify the Secretary of State in writing, stating their intention to resign.
In Florida, a Notary Public who wishes to resign must send a signed letter of resignation to the Governor and enclose his or her certificate of commission. If they do not have the certificate, the Notary must state in the letter that they do not possess the certificate of commission.
What do I do with my Notary seal?
Most states, such as Illinois, require you to render your Notary seal unusable. In the case of a rubber-stamp seal, a pen knife or other small-bladed knife can be used to cut up the rubberized portion of the seal. This will cause the stamp’s impression to be distorted.
When it comes to seal embossers, simply place a few drops of instant super glue on the molded portion and close it. Because of the glue, it will stay shut, but even if it’s pried open, the molded portion will be distorted, and no clear embossment can be made.
Some states, such as North Carolina, require that Notary seals be returned directly to the Secretary of State for destruction.
What do I do with my Notary journals?
Requirements vary from state to state.
In Arizona, Notaries must deliver their seals and any journals that contain public records to the Secretary of State within three months.
California and Texas require a Notary Public to deposit their journals with the county clerk’s office where the Notary’s oath and bond are on file.
Illinois Notaries must retain their journals for five years after the date the Notary's commission ends.
Montana Notaries who resign their commissions must keep the journals for 10 years after the last entry or choose to leave them with an approved repository. The Secretary of State has a form that must be signed by the Notary and the proposed custodian and approved by the Secretary of State before the journals may be transferred to another repository.
In Pennsylvania, resigning Notaries deliver their journals to the office of the recorder of deeds in the county where the Notary last maintained an office within 30 days of the commission resignation date.
Know your state’s requirements
Some state laws do not specify what to do with your Notary supplies upon resignation. In these cases, the recommended best practice is to notify your Notary commissioning authority in writing or follow the practice standards of The Notary Public Code of Professional Responsibility for disposing of your seal and retaining your journal. The Code directs Notaries to destroy all Notary seals and store all Notary journals for at least 10 years from the last entry in a journal.
If you have questions about what your state requires, or does not require, you can call the NNA Hotline for further guidance.
John Jacobson is a Notary Consultant with the Information Services team at the National Notary Association and regularly answers questions from Notaries on the NNA Hotline.
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