Employer Pay for Notary Commission in New York — Who Actually Owns It?

Your boss asked you to get a notary commission, the company paid for everything, and now you're wondering what happens if you leave. It's one of the most common questions new corporate notaries have — and the answer is more clear-cut than most people expect.

Your Commission Belongs to You, Not Your Employer

Under New York Executive Law, the Department of State issues a notary public commission to an individual person, never to a business or organization. Your employer cannot "own" your commission any more than they can own your driver's license. Even if the company paid the $15 exam fee, the $60 application fee, and every dollar of your stamp and journal costs, the commission is yours.

This means your employer cannot cancel it, transfer it to a coworker, or reassign it when you leave. The four-year commission term runs from the date the DOS issues it, regardless of your employment status. You remain personally liable for every notarial act you perform during that term — another reason the state ties the commission to you individually.

What Employers Typically Cover

Corporate administrative professionals, real estate coordinators, and legal support staff are the most common employer-sponsored notaries. Typical reimbursement includes:

• The $15 walk-in exam fee at one of the state's designated testing sites
• The $60 DOS application fee submitted through NY Business Express
• A way to apply the required identifying information below the signature in black ink, often with a compliant rubber stamp (usually $20–$40) showing your commissioned name, county, and expiration date
• A bound notarial journal meeting the 19 NYCRR Part 182 recordkeeping requirements

Some employers also cover the $60–$120 cost of an X.509 digital certificate if the role involves remote online notarization under Executive Law § 135-c. None of these payments create an ownership interest in your commission.

What Happens When You Leave the Job

Your commission stays active through its full four-year term. But there are practical steps you should take when you leave employer-sponsored notary work:

Recover your stamp. If the company holds your rubber stamp, ask for it back. A stamp bearing your commissioned name in someone else's hands is a liability risk — any document stamped with it creates the appearance that you notarized it. If the employer refuses to return it, order a replacement from a licensed vendor and document the request in writing.

Secure your journal. Under 19 NYCRR § 182.9, you are required to maintain your notarial journal for ten years after each entry. Your employer cannot keep your journal. If they have been storing it on-site, take it with you. The records are your personal legal obligation, not the company's.

Update your address. If leaving means your commission's business address changes, submit a Change Notice to the DOS within five days of that change (19 NYCRR § 182.3(a)(8)). The $10 change fee applies unless you're also changing your name due to marriage.

Decide whether to keep notarizing. There's no obligation to continue performing notarial acts after leaving the job that prompted your commission. But the commission doesn't expire just because the original reason for getting it went away. Many former corporate notaries pivot into side-income mobile notary work or loan signing agent roles.

Can an Employer Require You to Notarize?

An employer can make notarizing part of your job duties, but they cannot compel you to notarize a document that you believe is improper. You are personally liable for every act you perform as a notary public — not the company. If a signer cannot provide adequate identification, if you suspect fraud, or if the document requires legal judgment that would constitute unauthorized practice of law, you have the right and the obligation to refuse.

The $2 statutory fee cap for traditional notarizations (Executive Law § 136) applies to the notarial acts themselves. When you notarize as part of your employment duties, you typically don't collect a separate fee — your compensation comes through your salary.

The Bottom Line on Employer Reimbursement

Getting your employer to cover the costs of commissioning is a good deal — the total startup cost of roughly $100–$150 comes out of their budget instead of yours, and you walk away with a credential that stays with you for four years regardless of where you work. The commission is personal, the liability is personal, and the decision to keep notarizing after you leave is personal.

If you're starting the commissioning process and want every step mapped out from exam day through your first notarization, the New York Notary Commission guide covers the full timeline, supply requirements, and compliance rules — including the Part 182 journaling obligations that trip up first-time notaries.

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