Legal Question in Legal Ethics in California
Can an employer agreement, where the employer sets fees and limits types of acts a notary may perform, decree that all company signers are exempt from signing a notary's journal? Does the employer file this with the secretary of state or attorney generals office in CA?
2 Answers from Attorneys
An employer cannot require a notary to violate state law governing notaries. Such a requirement is definitely void as against public policy, probably is an illegal requirement as to the employee, and may be a crime.
Your employer is up to no good. Do not agree to this. No one is exempt from signing a notary's journal. Very often I am asked to do illegal things. I have recently, on several occasions, been offered high-paying jobs where I would have to lend my name and my law license to loan-modification scams or to people who sell bad investments to the elderly. The economy is awful, and the temptation can be great, but you must stand firm and not do this. Your notary certificate, your good name, and your freedom are at stake.