I am changing jobs and my current employer will not let me take my notary book, seal or commission with me. What should I do?

The employer is not the owner of a notary’s record book or seal, even if the employer paid for the materials. Tex. Atty. Gen. Op. GA-0723. A Texas notary public is required by law to maintain a record book containing information on every notarization performed and is required to authenticate every official act with the seal of office. The record book is public information and a notary is required to produce copies of the book upon request. Therefore, the book and seal should remain in the possession of the notary at all times.

Similarly the secretary of state issues a commission to the individual notary public for a four-year term, without regard to who paid the application or bond fees. As a result, an employer may not retain the commission of an employee.

If your employer retains your seal, record book or commission when you leave your job, you should provide your employer a copy of Texas Attorney General Opinion GA-0723. If after receiving a copy of the opinion, your employer still will not let you take your notary book or seal with you, you should make a copy of the pages of the record book so that you can produce them upon request. You should also obtain a new seal and start a new record book for future notarizations. If your employer will not release your commission, you may contact the secretary of state’s office for a duplicate copy of the commission.