Who Owns the Notary Stamp in Washington — Employer Rights vs. Notary Rights

The Stamp Is Yours, Even If Your Employer Paid for It

This is one of the most common points of friction for workplace notaries in Washington, and the law is unambiguous about it. Under WAC 308-30-080(3) and WAC 308-30-200(3), the notary stamp and journal are the exclusive personal property of the notary public — regardless of who funded the commission application, the surety bond, or the physical supplies.

Your employer can reimburse the $40 application fee, buy your $10,000 surety bond, and order your stamp through their preferred vendor. None of that transfers ownership. The stamp bears your name, your commission number, and your expiration date. It represents your personal liability and your personal commission issued by the Department of Licensing. It belongs to you.

Why the Law Works This Way

A notary commission is a personal appointment, not a corporate license. The DOL commissions individuals, not businesses. When you perform a notarization, you are acting under your own authority and your own bond — the employer has no notarial standing.

The ownership rule exists to prevent a specific harm: if an employer retained the stamp and journal after an employee left, they could use that stamp to fraudulently notarize documents under the former employee's commission. The former employee's bond would be exposed to claims they had no ability to prevent. Washington administrative rules close this gap by making custody of the stamp and journal a personal obligation that cannot be delegated or transferred.

What Happens When You Leave the Job

When you resign, get terminated, or otherwise separate from an employer who sponsored your commission:

1. Take your stamp and journal with you. This is not negotiable under WAC 308-30-080(3). Your employer cannot confiscate, retain, or demand surrender of either item.

2. Your commission remains active. The commission is yours until its four-year term expires, regardless of your employment status. You can continue performing notarizations independently or for a new employer.

3. Your bond remains in effect. The surety bond is tied to your commission term, not your employment. If the employer was the named obligee on the bond (uncommon — the state is typically the obligee), review the bond terms to confirm continuity.

4. Secure your stamp immediately. Under RCW 42.45.135, you are personally responsible for preventing unauthorized use of your stamping device. Store it in a locked location under your exclusive physical control.

What Your Employer Can and Cannot Do

The employer can:

• Require you to obtain a commission as a condition of employment
• Reimburse or directly pay for your application, bond, and supplies
• Set policies about when and where you perform notarizations during work hours
• Restrict notarizations to company business during paid time
• Decline to reimburse costs for a renewal if you leave before it is due

The employer cannot:

• Retain your stamp or journal upon your departure
• Allow another employee to use your stamp
• Require you to surrender your journal entries (they are your records, not company records)
• Transfer your commission to another employee
• Revoke your commission (only the DOL can do this)

The Journal Ownership Question

The journal creates a more sensitive dynamic than the stamp. Your journal contains records of every notarization you performed — including those done for your employer's clients and transactions. Some employers believe those records are company property because they document company business.

They are not. WAC 308-30-200(3) establishes that the journal is the notary's personal property. You must retain it for the full 10-year statutory retention period under RCW 42.45.180. If the employer needs verification of a specific notarization, they can request that information from you — but they cannot take the journal itself.

If your employer threatens consequences for refusing to hand over your stamp or journal, the legal framework is clear and documented. WAC 308-30-080(3) and WAC 308-30-200(3) are the specific citations, and the DOL's complaint process is available if the situation escalates.

Handling This Before It Becomes a Problem

The best time to clarify stamp and journal ownership is before you start your commission — not during a contentious exit. When your employer sponsors your commission, a brief written acknowledgment that the stamp and journal remain your personal property under state law prevents the entire dispute.

The Washington Notary Commission guide includes the employer reimbursement workflow, journal ownership rules, and the specific WAC citations to reference if the conversation gets difficult.

See more Washington guides →