When A Notary Resigns He She Must

When a notary public decides to resign from their commission, a specific set of procedures must be followed to ensure a smooth and legal transition. These procedures vary by jurisdiction, but the underlying principles remain consistent: protecting the public, maintaining accurate records, and ensuring accountability. Understanding these requirements is crucial for any notary considering resignation.

Understanding Notary Resignation

A notary public is a state-appointed official authorized to witness signatures on legal documents and administer oaths. Their role is critical in preventing fraud and ensuring the integrity of legal transactions. Resigning from this position is a significant decision that carries responsibilities beyond simply ceasing notarial acts.

Why Do Notaries Resign?

Several factors can lead a notary to resign:

Relocation: Moving out of the state where the commission was granted.
Career Change: Shifting to a job that conflicts with notarial duties or leaves no time for them.
Personal Reasons: Health issues, family obligations, or simply a desire to retire from notarial service.
Loss of Interest: No longer wanting to perform notarial acts.
Disciplinary Action: In some cases, resignation may be prompted by pending disciplinary actions or investigations.

Whatever the reason, it's essential to handle the resignation process correctly to avoid potential legal issues.

Key Steps When a Notary Resigns

The exact steps a notary must take upon resignation vary depending on the specific state's laws and regulations. However, the following are common requirements and best practices:

Notify the Appointing Authority:
- This is usually the Secretary of State's office or an equivalent agency responsible for notary commissions.
- The notification should be in writing and include:
  - The notary's full name (as it appears on the commission).
  - The notary's commission number.
  - The effective date of resignation.
  - The notary's signature.
- Some states provide specific forms for resignation, which should be used if available.
- Certified mail with return receipt requested is recommended to ensure proof of delivery.
Surrender the Notary Seal and Journal:
- Most states require the notary to either surrender their official seal to the appointing authority or destroy it.
- Surrender: The seal is physically returned to the Secretary of State or other designated agency.
- Destruction: The notary is responsible for destroying the seal in a way that prevents its misuse. This usually involves defacing it beyond recognition. Some states require photographic evidence of the destruction.
- The notary journal, which contains a record of all notarial acts performed, is also often required to be surrendered.
- If surrender is not required, the notary must store the journal securely (more details below).
Update Your Surety Bond (If Applicable):
- Some states require notaries to maintain a surety bond throughout their commission.
- Upon resignation, it's essential to notify the surety company of the resignation date.
- This may result in a refund of any unearned premium, depending on the bond terms.
Inform Your Employer (If Applicable):
- If the notary's commission was obtained through their employer, it's crucial to inform the employer of the resignation.
- This allows the employer to make arrangements for another employee to handle notarial duties, if needed.
Securely Store the Notary Journal (If Surrender is Not Required):
- Even after resignation, the notary is responsible for maintaining the security and confidentiality of their notary journal if surrender to the state is not mandated.
- The journal should be stored in a safe and secure location, such as a locked cabinet or safe.
- The journal should be protected from unauthorized access.
- The former notary must adhere to the state's regulations regarding the retention period for notary journals (which can vary from several years to permanently).
Cease Performing Notarial Acts:
- Effective on the date of resignation, the notary must immediately stop performing any notarial acts.
- Performing notarial acts after resignation is illegal and can result in civil and criminal penalties.
Remove Signage and Advertising:
- If the notary had any signage or advertising indicating their status as a notary public, it must be removed.
- This prevents the public from being misled into believing that the former notary can still perform notarial acts.

State-Specific Requirements: Examples

While the general principles of notary resignation are similar across jurisdictions, the specific requirements can vary significantly. Here are a few examples:

California: Notaries must submit a written resignation to the Secretary of State, surrender their seal, and deliver their journal to the county clerk where their oath of office is filed.
Texas: Notaries must send a letter of resignation to the Secretary of State. There are no specific requirements for the seal or journal upon resignation, but best practice is to securely store the journal according to state guidelines on record retention.
Florida: Notaries must notify the Governor in writing of their resignation. The seal must be destroyed, and the journal must be kept in a secure location.
New York: Notaries must notify the Department of State of their resignation. There are no specific requirements for the seal or journal.
Pennsylvania: Notaries must notify the Department of State in writing. There are no explicit requirements for the seal or journal in the statute, however, it is advisable to keep the journal in a safe place.

It is crucial to consult the specific laws and regulations of the state where the notary commission was issued to ensure full compliance. State notary public handbooks, websites of the Secretary of State, and legal counsel are valuable resources for determining these requirements.

Potential Consequences of Non-Compliance

Failing to comply with the requirements for notary resignation can lead to various negative consequences:

Civil Liability: The former notary could be held liable for damages resulting from improper notarial acts performed after the resignation date.
Criminal Charges: In some cases, performing notarial acts after resignation could be considered a criminal offense, such as fraud or impersonation of a public official.
Disciplinary Action (Even After Resignation): Even after resigning, a notary may still be subject to disciplinary action by the appointing authority for misconduct committed during their commission. This could result in fines, penalties, or a permanent bar from holding a notary commission in the future.
Difficulty Obtaining Future Commissions: Failing to properly resign from a notary commission can make it more difficult to obtain a new commission in the future, either in the same state or in another state.
Legal Disputes: Improper handling of the notary seal and journal can lead to legal disputes and potential liability if these items are misused by others.

Maintaining Journal Security After Resignation

The notary journal is a crucial record of all notarial acts performed. It contains sensitive information, including signatures, dates, and types of documents notarized. Therefore, maintaining the security and confidentiality of the journal after resignation is paramount. Here are some best practices:

Store the Journal in a Secure Location: Keep the journal in a locked cabinet, safe, or other secure location that is only accessible to the former notary.
Protect the Journal from Environmental Damage: Store the journal in a place that is protected from moisture, extreme temperatures, and direct sunlight, which can damage the pages and make the information illegible.
Do Not Alter the Journal: Do not attempt to alter or erase any entries in the journal after resignation. Any changes could raise suspicion and undermine the integrity of the record.
Comply with Retention Requirements: Adhere to the state's regulations regarding the retention period for notary journals. This period can vary, but it is essential to keep the journal for the required length of time.
Dispose of the Journal Properly: Once the retention period has expired, dispose of the journal in a secure and confidential manner, such as shredding.
Control Access to the Journal: Only access the journal when absolutely necessary and keep a record of when and why the journal was accessed.
Consider Digital Storage (If Permitted): If the state allows for digital storage of notary journals, consider scanning the journal and storing it securely on a password-protected computer or encrypted storage device. However, ensure that the digital storage method complies with all state regulations.

Resigning Due to Disciplinary Action

In some cases, a notary may choose to resign or be asked to resign due to pending disciplinary actions or investigations. This situation requires careful consideration:

Understand the Allegations: Before resigning, it's crucial to fully understand the allegations against the notary. Seek legal counsel if necessary.
Cooperate with the Investigation: Cooperate with the investigating authority and provide any information or documentation requested.
Negotiate a Settlement (If Possible): In some cases, it may be possible to negotiate a settlement with the appointing authority. This could involve agreeing to resign in exchange for the dismissal of certain charges.
Be Aware of the Consequences: Resigning in the face of disciplinary action may have long-term consequences, such as a permanent bar from holding a notary commission in the future.
Disclose the Resignation on Future Applications: Be prepared to disclose the resignation and the circumstances surrounding it on any future applications for a notary commission or other professional licenses.

Special Considerations for Electronic Notaries

With the rise of electronic notarization (e-notarization), there are additional considerations for notaries who resign from their electronic notary commission:

Revoke Digital Certificates: Electronic notaries use digital certificates to authenticate their electronic signatures and seals. Upon resignation, these certificates must be revoked to prevent their misuse. Follow the instructions provided by the certificate authority (CA) to revoke the certificate.
Securely Store Electronic Journals: Electronic notaries maintain electronic journals that record all e-notarizations performed. These journals must be stored securely in accordance with state regulations. This may involve encrypting the journal and storing it on a secure server or storage device.
Notify Technology Providers: If the e-notary uses a third-party technology platform for e-notarization, notify the provider of the resignation and ensure that the notary's access to the platform is terminated.
Comply with State-Specific E-Notarization Regulations: E-notarization regulations vary by state, so it's crucial to comply with all applicable requirements regarding resignation and record retention.

Frequently Asked Questions (FAQ)

Q: How long do I have to notify the state of my resignation?

A: The time frame for notifying the state varies by jurisdiction. Some states require notification within a specific number of days (e.g., 30 days), while others do not have a specific deadline. Check the state's notary laws for specific requirements.

Q: What should I do if my notary seal is lost or stolen before I resign?

A: Report the loss or theft to the appointing authority immediately. You may be required to file a police report and obtain a replacement seal. Follow the state's procedures for reporting and replacing a lost or stolen seal.

Q: Can I destroy my notary journal instead of surrendering it?

A: Only if the state's laws and regulations specifically allow for destruction instead of surrender. If destruction is permitted, follow the state's guidelines for proper destruction methods.

Q: What happens if I move to another state?

A: You must resign from your notary commission in your previous state and apply for a new commission in your new state of residence. Notary commissions are not transferable between states.

Q: Can I still notarize documents for family members after I resign?

A: No. Once you resign, you are no longer authorized to perform notarial acts, even for family members.

Q: Where can I find the specific laws and regulations for notary resignation in my state?

A: Consult the state's notary public handbook, the website of the Secretary of State (or equivalent agency), or seek legal counsel.

Conclusion

Resigning from a notary commission is a significant step that requires careful attention to detail. By understanding and complying with the specific requirements of your state, you can ensure a smooth and legal transition, avoid potential liabilities, and maintain the integrity of the notarial process. Always consult your state's notary laws and regulations and seek legal advice if you have any questions or concerns. Remember, proper handling of your resignation is crucial for protecting yourself and the public.