Introduction
As a California notary public, your seal, journal, and bond are more than just tools — they are essential parts of your notarial authority. But what happens if your employer says those items belong to them, especially if they paid for your commission or supplies? Does the law allow them to take your seal or journal?
In this post we’ll cover:
- what state law says about ownership of notary tools;
- what to do if your employer demands them;
- and how to protect your rights as a notary.
Who Owns the Notary Commission, Seal & Journal?
- Even if your employer paid for your notary commission, tools, or supplies, California law states the notary seal and journal are your personal property. You are the sole owner. A great article is Who Can View a Notary Journal that details more specifically a notaries role.
- Under California Government Code 8207, 8206(d), etc., the notary’s tools must remain under your control — the employer cannot lawfully possess or require surrender of them, either during or after employment.
Employer Demands: What They Mean & Why They Happen
Sometimes employers believe since they financed the commission or paid for the seal/journal, they have rights to them. Other times, it’s about having access for work purposes. But legally:
- An employer may not require you to leave your seal or journal when you leave your job. National Notary Association
- No state allows someone other than the commissioned notary to use the seal or fill the journal. That includes while employed and especially after termination.
What Should You Do If Your Employer Demands Your Tools?
- Politely Decline & Provide Legal References
- “My seal and journal are my personal property under California law (GC 8207 / GC 8206(d)).”
- Document Everything
- Emails, texts, memos — any communication where the employer demands or claims ownership.
- Request a Meeting
- Clarify policies. If they still insist, ask for written policy that justifies their demand, then point out the law.
- Report If Necessary
- If employer refuses to return your tools, you can contact the California Secretary of State or a notary regulatory agency.
- Secure Your Tools
- Keep the seal, journal, and bond locked up and in your direct possession.
Some Myths and Misunderstandings
- Myth: “If my boss paid for my notary supplies, they own them.” → False. Payment does not transfer ownership under CA law.
- Myth: “I must leave my journal at work.” → Also false; you control your journal.
- Myth: “After I quit, I have no claim on my seal or journal.” → Still false under state statute.
Key Takeaways
- Your notary seal, journal, and bond are legally your property — even if your employer paid for them.
- Employers may disagree, but state law is clear that these tools belong to the notary.
- Always keep documentation, know the law, and protect your tools.
FAQ
Q: Can my employer force me to notarize for free?
A: No. California law allows you to charge the maximum permitted fees for acknowledgments and jurats. Employers cannot force you to waive those fees.
Q: If I leave my job, do I have to give back my notary seal or journal?
A: No — under CA law, upon termination, your notary tools must remain with you.
Q: What law code protects my ownership?
A: Government Code 8207 (seal ownership) and 8206(d) (journal ownership) are key.
