Employment Contract
Create a legally compliant Ohio notary employment contract. Protect your practice with ORC 1335.05 compliance and robust liability mitigation for notarial acts.
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Operating as an employed notary in Ohio requires a contract that balances standardized at-will employment principles with the specific risks of notarial law. Under Ohio Rev. Code Ann. § 1335.15,... Read more
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Operating as an employed notary in Ohio requires a contract that balances standardized at-will employment principles with the specific risks of notarial law. Under Ohio Rev. Code Ann. § 1335.15, agreements exceeding one year must be in writing to remain enforceable. For a Notary Public, a specialized contract is essential to mitigate liability from improper notarization, identity fraud, and Errors & Omissions (E&O) claims. This document ensures clarity on role-specific requirements like journal maintenance, seal security, and fee structures under state statutes, while complying with the Ohio Consumer Sales Practices Act and unique municipal tax laws across Ohio jurisdictions.
Beyond the standard employment contract sections, this template adds fields specific to Notary Public:
An employment contract establishes a formal employment relationship between an employer and an employee, outlining the terms and conditions of employment, rights, obligations, and responsibilities of both parties. It provides legal protection and clarity, ensuring compliance with employment laws and minimizing the risk of misunderstandings and disputes.
Improper notarization liability
Notaries should maintain comprehensive records and use notary journals to document all notarizations. They should also thoroughly verify the identity of signers and ensure all procedures comply with state laws.
Identity fraud
Use of reliable identification verification processes, adherence to state requirements for signer identification, and maintaining a secure notary journal.
Errors and Omissions (E&O) claims
Purchase E&O insurance to cover potential mistakes or omissions that may occur during notarization processes.
Bond violations
Complying strictly with state laws and regulations to prevent claims against the surety bond. Ensure thorough understanding of the state-specific notarial practices.
For this employment contract to be legally valid:
Common mistakes to avoid:
Revised Model Notary Act (2002)
Guidelines proposed by the National Notary Association (NNA) that provide standards for notarial practice but are not law. Many states use this as a benchmark for their own regulations.
Enforced by National Notary Association (guidance only)
State Notary Laws
Each U.S. state has its own laws that govern the practice and responsibilities of notaries public. These laws typically cover the processes of notarization, use of seals, record-keeping, and penalties.
Enforced by Individual State Notary Commissions
Electronic Signatures in Global and National Commerce Act (E-SIGN)
Establishes the legal legitimacy of electronic signatures and records if certain requirements are met. Affects notaries when performing e-notarizations.
Enforced by Federal Trade Commission
Uniform Electronic Transactions Act (UETA)
Adopted by most states, UETA provides similar recognition of electronic signatures and records at the state level, impacting how notaries perform their duties electronically.
Enforced by State Governments
Recommended coverage: Errors and Omissions Insurance · Bond Insurance
According to Ohio Rev. Code Ann. § 1335.05 and § 1335.15, any employment agreement intended to last more than one year must be in writing. Our contract ensures compliance with these statutory requirements, providing a formal record that protects your rights as either an employer or employee in the Ohio legal environment.
While Ohio law requires a surety bond for commissioning, the employment contract should explicitly define whether the employer or the notary provides the Errors and Omissions (E&O) insurance. Clearly outlining this in the Compensation and Benefits clause mitigates financial risk for both parties in the event of an improper notarization liability claim.
Yes. By incorporating standards from the Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Uniform Electronic Transactions Act (UETA), the contract establishes the legal legitimacy of electronic records and defines the protocols for electronic or remote notarizations performed by the employee.
Notarial fees are regulated by Ohio state statutes. This contract includes a Fee Disputes clause to clarify whether fees collected are retained by the notary public or the employer, ensuring no violation of Ohio's specific regulations regarding notary compensation.
State laws affect what must be in this document. Pick your jurisdiction.
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