The Notary as an Employee

There are times when the relationship between the notary and the employer can become uncomfortable. When the notary is an employee several obstacles can arise. Since many notaries work for Banks, real estate companies, and other corporate entities, the situation is not as uncommon as one may think. To see a list of businesses that may have a notary public on staff, visit Notary of America.

As personal relationships within an office develop, it may not be uncommon for an employer to request a notary to act outside the law. The employer may see the request as harmless. But, the notary must abide by the laws of the state in which he or she is commissioned.

The best solution for the notary is to make sure from the outset that as a notary you will not violate the laws that govern your commission.

Ways to insure a good employer-employee relationship

• Assist the employer in understanding your role as a notary
• Educate the employer its role limitations with respect to the performance of the notary’s official duties.
• The employer can never use, or possess, the notary’s seal.
• Advise the employer that they cannot influence the notary to do anything in violation of state law.
• The employer could have liability for any undue influence over the notary’s official duties.
• Request the employer to pay for membership in a Notary Professional Organization
• Request the employer pay for insurance such as a bond or errors and omissions insurance.

We will discuss insurance in another article. But for now, we hope these few tips will assist in keeping the notary-employer relationship on the proper footing.

One question that is often asked is whether an employee can notarize the employer’s signature. The answer is yes. However, when the notary acts as an employee, you cannot have any financial interest in the document. And of course, you cannot be a party to the document. For those who wish to become a notary in New York, we hope this information provides you with some insight. You can also read some of our other educational articles in our blog to learn more.

Also, it would be in your best interest to read our blog article that refers the Notary and the Employer .