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California Notary Law · Term

Employer Cannot Seize Journal or Seal

Payment for a notary's journal and seal gives an employer no ownership interest; both remain the notary's exclusive property and may not be demanded upon termination.

Government Code §§8206(a)(1) and 8207(a) vest exclusive ownership of the sequential journal and official seal in the notary public personally. This ownership is statutory and cannot be overridden by any private employment agreement, workplace policy, or contractual provision.

An employer who pays for the notary's bond, seal, journal, and related supplies may enter into a fee remission agreement under Government Code §8202.7 — but that agreement grants only the right to collect fees earned during working hours. It transfers zero ownership interest in the physical journal or seal.

When a notary employee leaves a job — voluntarily or by termination — the employer may not demand the journal, retain the seal, or condition any benefit on surrendering these items. A notary who hands over their journal to a demanding employer is violating the exclusive-control requirement of §8207.

Exam Tip: This principle connects two separate duties: (1) the notary must keep the seal under direct and exclusive control at all times; and (2) upon commission termination, the journal goes to the county clerk — not to any former employer. An employer who insists on keeping the journal is making an unlawful demand, and a notary who complies is participating in a violation.

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