Employment Contract
Secure your Texas Notary practice with a compliant employment contract. Covers at-will status, Texas Lab Code, and DTPA protections to mitigate liability.
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In the high-stakes environment of Texas notarial acts, a standard employment agreement isn't enough. You need a contract that addresses improper notarization liability, E&O claims, and the specific... Read more
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In the high-stakes environment of Texas notarial acts, a standard employment agreement isn't enough. You need a contract that addresses improper notarization liability, E&O claims, and the specific mandates of Tex. Lab. Code § 62 and the Texas Business and Commerce Code. Whether you are hiring a signing agent or being employed by a title company, our template ensures that job titles, work schedules, and essential record-keeping duties—such as maintaining the notary journal and securing the notary seal—are clearly defined to prevent bond violations and identity fraud disputes under Texas law.
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
Texas is an at-will employment state, meaning either party can terminate the relationship for any lawful reason unless otherwise specified. Our contract includes an Employment Term and Termination clause that aligns with this standard while ensuring compliance with Tex. Lab. Code § 21.051 regarding non-discrimination.
Yes. Given the industry risks of bond violations and notarization liability, this contract allows you to specify who is responsible for providing Errors and Omissions (E&O) insurance and the mandatory Texas surety bond, helping to mitigate personal financial risk for the Notary.
Per Tex. Bus. & Com. Code § 15.50, non-compete agreements are enforceable in Texas only if they are ancillary to an otherwise enforceable agreement. This template provides structured non-compete and non-solicitation clauses designed to meet this strict statutory threshold.
The contract includes specific job description fields to outline the custodian protocols for the notary journal and seal. This ensures the employee understands their legal obligation to prevent misuse and maintain accurate records to avoid potential DTPA consumer protection claims.
State laws affect what must be in this document. Pick your jurisdiction.
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