California Notary Handbook 2019 – pg 26
§ 8202.7. Private employers; agreement to pay premium on bonds and costs of supplies; remission of fees to employer A private employer, pursuant to an agreement with an employee who is a notary public, may pay the premiums on any bond and the cost of any stamps, seals, or other supplies required in connection with the appointment, commission, or performance of the duties of such notary public. Such agreement may also provide for the remission of fees collected by such notary public to the employer, in which case any fees collected or obtained by such notary public while such agreement is in effect shall be remitted by such notary public to the employer which shall deposit such funds to the credit of the fund from which the compensation of the notary public is paid. § 8202.8. Private employers; limitation on provision of notarial services Notwithstanding any other provision of law, a private employer of a notary public who has entered into an agreement with his or her employee pursuant to Section 8202.7 may limit, during the employee’s ordinary course of employment, the providing of notarial services by the employee solely to transactions directly associated with the business purposes of the employer. -----------------------------------------------------------------------------------------
Thought this was an interesting question that you presented to the forum. You stated your employer did not pay for your commission or supplies. Assuming you were not hired because you have your notary commission. Written or implied before being hired. Assuming you do not perform notarization during the normal course of your "assistant job" (daily, weekly or monthly) I am also assuming you do not have an "agreement" with your employer.
The key word here is AGREEMENT.. If you do or not have an "agreement", verbal, written or implied when hired. The CA handbook is "silent" on this subject if you DO NOT have an "agreement". Unless someone else can find it in the Handbook that addresses this issue? That being said, I don't see why you can not charge for a notarization that has nothing to do with your employment. I would suggest performing the notarization on a break or your normal lunch time so there is no gray area of doing business on the companies dime.
I have no idea how big or small the law firm is that you work for. Personally I would not want everyone in the office to feel they could come to me to notarize their personal document for free. Most people are very happy to only pay $15 dollars for the service.
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