Who pays for the notary application fee
When an employer asks an employee to become a Texas notary, the employer may decide to pay for the employee's notary application, notary seal, supplies, and notarial record book.
Regardless of who pays for the notary commission - the notary, or the employer - the Texas notary commission, notary stamp, and notary records belong solely to the Texas notary, even if the employer paid for them.
The notary commission belongs to the Texas notary
If an employee Texas notary leaves his or her position of employment, does the employer retain the notary's commission, record book, or notary seal? Does an employer have the right to request that the Texas notary employee resign his or her Texas notary commission? "No." is the answer to both of these questions.
An employer may be under the impression that an illegal notarization performed in the future by a departing notary employee will cause liability for him or her (or the company) since the employer paid for the notary bond and commission. Therefore, employers may erroneously request that notaries resign their notary commissions; employers may also attempt to keep notary seals and records.
What to do if the employer keeps your notary commission and supplies
However, a Texas notary must insist that he or she remain in possession of his or her Texas notary commission, notary seal, and notary record book. If an employer refuses to give possession of a notary's commission, records, or seal to the notary owner, the notary may be able to resolve the problem by
- sending a letter via certified mail to the employer outlining that a notary's commission, seal, and records are the sole property of the notary public to whom they were assigned;
- providing his or her former employer with a copy of this article;
- including the contact information for the state notary public administrator's office with a suggestion that the employer contact the office to verify to whom the notary's seal, records, and commission belong; and
- ending a copy of the letter via certified mail to the notary public administrator's office.
Once the notary public administrator's office has been notified that an employer kept the notarial possessions of the notary, a Texas notary should be able to replace them and continue serving as a Texas notary.