Employers Who Employ Notaries Public & Adopting Policies Contrary to Title 46April 22nd, 2016
According to Utah law, a notary may not refuse to enter into a lawful transaction involving a notarial act. Do not adopt policies to refuse transactions unless there is a legal reason to do so. To “pick and choose” who is served based on personal preferences or prejudices is not legally justified.
Some employers have expressed concern over this law. It is true, employers often carry the burden in finding a balance that complies with the law and, at the same time, allows for reasonable limits to protect the notary’s time and liability. Regardless, all policies should be carefully created while keeping in mind the notary’s main purpose: to serve the public—not just the company.
Reasonable limits may and should be in place to prevent abuse from members of the public who would demand immediate service regardless of the notary’s workload and availability.
The following information may help employers and notaries understand their roles when serving the public:
- MAY determine when the notary is available to serve the public DURING work hours.
- MAY establish policy that the notary will only notarize company documents DURING work hours.
- MAY allow the notary to serve the public at determined times DURING work hours.
- MAY require a $5 fee for clients and non-clients.
Employers MAY NOT:
- MAY NOT determine when the notary is available to serve the public AFTER work hours.
- MAY NOT establish policy that the notary’s service is restricted to the workplace.
- MAY NOT “pick and choose” which documents or customers will be served when the notary is serving the general public.
- MAY NOT require more than $5 per signature notarized.
- MAY NOT exclude notarial services if they provide an “open door” policy service to the public. (e.g. Banks, Credit Union, Schools)