Notary Commission and Employment

Jul 5

Do you have your notarial commission for your job? If so, this article might help clear up some misconceptions about being a commissioned notary for your employer.

Many jobs request (some require) that you have an active notary commission as either part of the services the company offers, or it is just easier to have a notary public on staff as the company needs documents notarized on a regular basis. The types of jobs would be an exhaustive list, but here are 10 of the top jobs that require a notary on staff;

1. Bank

2. United Postal Service

3. Law Firms

4. City/Town Hall

5. Court House

6. Mortgage Lenders

7. Hospitals

8. Real Estate Agencies

9. Lending Institutions

10. Insurance Agencies

Often times in jobs that require a notary on staff, or a staff member to become a notary, they will pay for your commission. The question that often arises is, does the employer own the commission/record book/stamp?

The answer is NO. The individual commissioned is commissioned with the Secretary of State for the state they are commissioned in, NOT the employer (or person who paid for it). Per the Oregon Notary Public Guide, published by the Oregon Secretary of State.

“Notaries exist, not for the convenience of a business, but to serve the common good”.

The notary must follow the law over the will of the employer. This means if the employer is requesting (or requiring) the notary to notarize a document that is inconsistent with Oregon Law, the notary must obey the law.

The employer cannot:

1. Require the record book or stamp of the notary to remain on the premise of the place of employment

2. Stop the notary from notarizing documents on their own time or off work premises

It is important to note that if the notary signs a fee waiver for the purpose of their employment, that fee waiver also applies to any other notarial act the notary performs (on or off the clock).

Regardless of who purchased the commission, journal or stamp, all items belong to the commissioned notary, not the employer.

According to ORS 194.405(3), if a notary was coerced by threat of the employer into misconduct, the employer can be held liable to the notary for damages recovered from the notary.

I hope this helped to clear up any confusion or misconception about being commissioned as a notary for a place of employment.

For a business to have access to a commissioned notary is a convenience to the business, but not the sole service of the notary.

I would love to hear your thoughts on this blog post and your experience as a notary for your place of employment. Feel free to comment or use the contact form on the main page to get ahold of me.