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jbelmont
California
3106 Posts |
 Posted - 03/09/2007 : 4:47:27 PM
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alyssasmom:
Hi, I was in a need for some answers. Do anyone know if by law a employer can keep a notary stamp because you no longer work their? The notary stamp is in my name but, they did pay for it? Thanks for your help!
robsedgwick:
In NO way can they keep your Notary Stamp just because they paid for it. They may be able to hold onto your Journal. I had this problem with a company i worked for. They tried to keep it all, so i called the Secretary of States office to see if they could do that and it was made clear to me that the employer can not keep my stamp/journal because i paid for both myself, but it was also made clear that they cannot keep your stamp just because they paid for it. Have your Secretary of States office give them a call. you'll get your stamp back!
dmartz:
No matter who paid for your commission the commission is for an individual not a company they have no right what so ever to ask for or keep your stamp or seal nor should you give it to them.
The Rose Investigations
David Martz
Fort Wayne,Indiana
chasgraul:
According to the Governor's Reference Manual in Florida on page 65, the following is an answer to your question:
Q. Recently, I quit my job. My employer kept my notary seal and commission certificate and refuses to return them to me. I am worried that someone may use my seal and I would be liable. What should I do?
A. Even if your commission, bond, and seal were paid for by your employer, your employer has no right to keep these items. In fact, it may be a criminal offense to do so. Remember, you were appointed as a notary public for a four-year commission—not your employer. And, your employer cannot make you resign your appointment—only the Governor may request your resignation or suspend you from the office of notary public. You should take several precautions, however, to protect yourself. First, notify the Secretary of State or the Governor’s Office in writing that your seal is in the possession of someone else. Be sure to give us your commission number and date of birth for identification, and tell us the last date that your seal was in your possession. Second, you may want to send a written request by certified mail to your employer requesting the return of your notary
commission and seal. If your employer does not comply, you should file a report with the law enforcement agency having jurisdiction. This may protect you in the event that your seal is used and a
complaint is filed against you. It may also be your defense if you are sued or charged criminally for an improper notarization that you did not perform. Third, you may obtain a duplicate notary commission
certificate from the Department of State, Notary Commissions and Certifications Section, and another seal from your bonding agency or an office supply store. Your notary bond cannot be revoked, and you
may continue serving as a notary public until the expiration of your term.
In addition to this, your journal (which is not a requirement to keep in the State of Florida at this time), is yours and it is your log of what you did for each notarial act... and must be safeguarded by you.
dfye@mcttelecom.com
Absolutely not, especially in a world of serious identity theft. your journal is confidential and has no business in anyone's hand but your own.
I have heard instances where people in banks have locked up notary seals, but they still belong to you. Banks claim it is a safety percaution. I still would not let anyone take possession of my seal. It is part of my identity. Would you want to give your identity to someone else?
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Can an employer keep an employees notary stamp?
