We are a law firm and our administrative assistant, who is a Notary, will be leaving our firm in a couple of weeks. Do we have to take her Notary stamp from her and ask her to apply on her own if she wants to continue to be a Notary, since she applied under the firm’s name? Or will she be able to take her stamp and make sure she follows the rules of being a Notary outside a law firm. We want to make sure we follow the rules and any information would be greatly appreciated. — M. H., Illinois
The employer cannot keep or withhold the commission certificate or the stamp of the Notary, regardless of whether the employer paid for the equipment. It must be returned to the Notary.
Property of Notary Public
“The official seal of a notary public, and the electronic seal of an electronic notary public, is the exclusive property of the notary public or electronic notary public and may not be surrendered to an employer upon termination of employment, regardless of whether the employer paid for the official seal or electronic seal, the bond, or the appointment fees” (IAC 176.510 b)).
“Can my employer keep my seal and [commission] certificate if I leave the company? – No. The seal and certificate are considered the property of the notary public” (Notary Public Handbook).
For more information on laws in other states regarding who keeps a Notary’s tools when a Notary leaves a job, please see our articles “Notarizing on the job: What you and your boss need to know” and “Who owns your Notary commission, seal and journal?”
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
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