SITUATION: One of the tasks you perform at your job is notarizing your company's in-house documents. One day, you walk into your boss' office to give your two weeks notice. Your spouse got a new job out of state and the two of you will be moving. Toward the end of your meeting, your boss says, "By the way, since the company paid for your Notary commission, you will have to resign your commission when you leave. Also, be sure to leave all of your Notary tools with us before you depart." Can the boss require that?
ANSWER: No! No matter who paid for the commission, it belongs to the Notary and stays with the Notary until the commission is expired or otherwise terminated, even if the Notary leaves the company that paid for it. No company can require the Notary to give up a commission. In addition, the tools the Notary uses (such as a seal and journal of notarial acts) belong solely to the Notary and should never be surrendered to anyone but a governmental officer or officer designated by law. Notary, if this happens to you, call your Secretary of State office and report this situation.
If you decide to resign your notary commission, or become deceased, you must surrender your notary commission, stamp, embosser, and notary journal to your Secretary of State office.
SITUATION: Your niece comes to your office with the man in her life in tow, a smile beaming on her face. "We have huge news! We're getting married!" your niece says. Tickled to death, you offer your congratulations, take a look at the engagement ring and ask about their wedding plans. "Well, that's the best part," your niece says. "We figure that, since you're a Notary, we want you to marry us!" It's quite an honor, but the question is: Can you?
ANSWER: The answer depends on the state in which you are commissioned. Notaries in Florida, Maine, South Carolina and one parish in Louisiana have the power to perform marriages. So if you are commissioned in one of these jurisdictions, go ahead and perform the marriage ceremony for your niece and her fiancé; just remember that the marriage must be performed in that state (or, in Louisiana's case, within West Feliciana Parish). If you are commissioned elsewhere, you can't perform the marriage ceremony.
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