An employer asks a departing notary to leave the seal behind, having paid for it. What applies?

A notary commission is personal. It is granted to an individual on the basis of that individual's oath, bond and background check, and every act performed under it is that person's own act with their own liability attached. The seal is the physical embodiment of that personal authority, so California treats it as the exclusive property of the notary regardless of who paid for it. An employer that bought the seal has bought an object it cannot lawfully use, because a seal in anyone else's hands is a fraud instrument — it can make documents appear authenticated by a notary who never saw them. The same logic governs the journal, which is also the notary's property and goes with them, subject to the delivery obligations that apply when a commission ends. The employer's remedy for its expense, if any, is a matter of agreement between the parties, and it does not change who owns the seal. On leaving, the notary takes both.

The commission is personal to the individual and the seal embodies that personal authority, so it remains the notary's exclusive property regardless of who paid for it.

A notary commission is personal and non-transferable. California treats the seal as the exclusive property of the notary, and the journal likewise remains the notary's property, subject to delivery obligations when a commission ends.

Personal Commission, Personal Seal. Whoever paid for it, only one person may lawfully use it.

An employer cannot require surrender of the seal or journal as a condition of employment. Such a term does not override the statute.

• •Treating a company-purchased seal as company property
• •Leaving the journal behind with the employer
• •Believing an employment agreement can transfer the seal