RULES AND REQUIREMENTS REGARDING YOUR STAMP, SEAL AND JOURNAL

May 05,2023

In a previous post we talked about the importance of keeping your notary seal, stamp and journal under lock and key at all times. Today we want to talk about the rules and requirements of your state regarding what to do with your notarial supplies:

if your commission expires and you choose not to renew your commission

if your employer required you to be a notary and you are leaving their employment

First, if your commission expires and you choose not to renew your commission, check with the Secretary of States office regarding proper disposal of your stamp, seal and any/all journals. Most states require that you destroy the stamp and seal. However, you are required to continue to securely keep your journals for a period of time due to the fact that they are state records and may be used to verify an individual’s signature, and you may called upon to testify to the signer’s competency, their willingness to do so and/or their comprehension of the document that they are signing.

Second, if your employer required you to become a notary to fulfill the duties expected of you while in their employ and even if they paid for you to become a notary, your stamp, seal, and all of your journals belong to you and must go with you when you leave their employment. Due to the fact that these “office journals” oftentimes are case sensitive, your employer may pressure you to leave the journals when you leave their employ. You may simply respond that you understand their concern but that, according to state law, you are required to maintain and securely keep the journals in your possession. And, if at any point in time, they need to reference the information in the journal, they simply need to make a request in writing, and you will be happy to accommodate the request in person (keep in mind that you may NOT make a photocopy of ANY page in your journal).

If you do not know your state rules and regulations, you may contact the Secretary of State office or you may email us with your questions, and we will respond to you with the appropriate information.

info@notaryknowhow.org

Melissa Watts is Co-Found and Co-CEO of Notary Know How LLC