Posted by SanBarCa on 10/29/07 12:15pm
Msg #218748

Goverments commision or mine own?

Hello,
My University made asked me to become a notary to do official notary work for campus. They paid for my commission and supplies. Now they are telling me that I have to turn in my commission to the sec of state because it is not mine and I have left the University. I thought that the commission was my own - and money I made on campus went to the campus, but that I could keep using my commission on the side and if I left the University. Our campus policy states that I must terminate my commission when I leave...I am just checking to make sure that is State of California policy and not my Universities.

Marisa

Reply by Philip Johnson on 10/29/07 12:29pm
Msg #218749

you may want to look at 8202.5. State notary code n/m

Reply by Gerry_VT on 10/29/07 12:56pm
Msg #218753

Have read your state's handbook? Did you notice the following passages?

"The journal of notarial acts of a notary public is the exclusive property of that notary
public, and shall not be surrendered to an employer upon termination of employment, whether
or not the employer paid for the journal, or at any other time."

"The official seal of a notary public is the exclusive property of that notary public, and shall
not be surrendered to an employer upon the termination of employment, whether or not the
employer paid for the seal, or to any other person."

Reply by BrendaTx on 10/29/07 2:15pm
Msg #218766

**Have read your state's handbook? Did you notice the following passages?**

Seems to me...most people do not read their handbook.

Reply by BrendaTx on 10/29/07 2:16pm
Msg #218767

I said - "Seems to me...most people do not read their handbook."

That's unfair...it should be...

Most people who ask questions regarding their commission do not read their handbook.

Reply by Joan Bergstrom on 10/29/07 2:36pm
Msg #218775

CA Notaries commissioned on behalf of the city, county, state, public school districts or on behalf of a military reservation MUST resign their commissions when they terminate their employment.

If a private employer paid for your commission you would not have to resign.

Reply by SanBarCa on 10/29/07 8:02pm
Msg #218815

Brenda,

I have read this list often enough that I expected a snide remark. I did read the state code, but it conflicted with my State agencies policies - and I didn't expect the two state policies to conflict one another. Which is why I posted the question here in case someone came across the same issue before and could offer help.

Marisa

Reply by BrendaTx on 10/30/07 6:30am
Msg #218853

Marisa - you are correct. I am wrong, and apologize.

The handbook doesn't say it clearly (that I could find) that you have to give up your commission when you quit the job. It just alludes to it.

And, come to think of it, the Texas educational materials doesn't address it either, but that's the case when a person commissioned by a government entity and doesn't have to post the bond or keep a journal. The commission is only for that entities use. (Another assumption as haven't looked up the law on it...just been told this is the case by court officials.)

It's one of those cases where an assumption makes an ass out of someone. In this case, me. Great way to start the day...being an ass. It won't be the first one I've started out like this. And I am sure that, unfortunately, it won't be the last.

Reply by Phillip/TX on 10/29/07 3:03pm
Msg #218779

Ownership of Your Commission

Here is what I found for Notary Public’s in the State of CA for your ownership of your commission:

NOTARY PUBLIC SEAL
Each notary public is required to have and to use a seal. The seal must be kept in a locked
and secured area, under the direct and exclusive control of the notary public and must not be
surrendered to an employer upon termination of employment, whether or not the employer
paid for the seal, or to any other person.

A notary public is guilty of a misdemeanor if the notary public willfully fails to keep his or
her notary public seal under the notary public’s direct and exclusive control or if the notary
public willfully surrenders the notary public’s seal to any person not authorized to possess it.
(Government Code section 8228.1)
When the notary public commission is no longer valid, the notary public seal must be
destroyed to protect the notary public from possible fraudulent use by another. (Government
Code section 8207)

The official seal of a notary public is the exclusive property of that notary public, and shall
not be surrendered to an employer upon the termination of employment, whether or not the
employer paid for the seal, or to any other person. The notary, or his or her representative,
shall destroy or deface the seal upon termination, resignation, or revocation of the notary’s
commission.

The only other thing I see is the below, I see no where in the CA Handbook that the City, County or State office will make you resign your commission if you terminate your employment.

§ 8203.4. Military and naval reservations; term of office; termination; resignation
The term of office shall be as set forth in Section 8204, except that the appointment shall
terminate if the person shall cease to be employed as a federal civil service employee at the
reservation for which appointed. The commanding officer of the reservation shall notify the
Secretary of State of termination of employment at the reservation for which appointed within
30 days of such termination. A notary public whose appointment terminates pursuant to this
section will have such termination treated as a resignation.

Reply by Joan Bergstrom on 10/29/07 11:55pm
Msg #218844

Re: Ownership of Your Commission

Trust me, I teach students to pass the California notary exam and what I posted is correct.