Currently we only provide notary services for bank documents. I have been informed that in order to do this and protect the bank that I should have each notary sign and employee-employer agreement. Does anyone know where I can find such a beast.

I doubt that you will find one. A notary public is a public servant that has been authorized by State law to notarize documents. I'm just not sure what an agreement between you and the employee would accomplish and how it would protect the bank.

You may want to contact your insurance carrier (Errors and Omissions) as they may have such a document or at least input as to whether one is really necessary.

Before notarizing a document a notary is required by standards to perform the following:
- make sure that the person understands the impact of document
- make sure that the person is acting of their own free will
- make sure that the person has capacity.

Now what if a bank employee (at the branch & during business hours) notarizes a POA document for a customer. Then after the POA subsequently withdrawals all the money from the account, the customer claims that they didn't understand that the document allowed the POA that authority. Or better yet, the customer claims that they were drunk at the time of the signing.

Who is liable for damages resultant from the notaries failure to meet minimial standards (i.e understanding and/or capacity)? Well if they are required by the employer to perform these services, would not the bank be exposed? However, if there is an agreement that would hold the bank harmless for actions taken by a notary such would not be the case...IMHO

Note: I'm not the original anon poster.

Here's a link to a national organization that does notary training. The responsibilities of notaries and the level of credence attached to "notarization" vary substantially among the states.

Since an individual is personally liable when they place their signature and seal on a notarized document, can an employer require their employee to otain their notary license simply because they are in a customer service position and want to provide the service?

BTW - I actually saw "notar republic" in a report once upon a time....

What say you?

I do a fair amount of notary training and , as a notary, you are an agent of the state and cannot refuse a reasonable request regardless of who paid for your notary commission/stamp, etc. These are uniform basic notary principles that cross state lines. Providing the link to the National Notary Association is a good idea. Please review their Q and A and "Best Practices" document (about 25 pages).
You cannot say you will just notarize bank documents.

Actually, my question is not whether you can refuse to notarize a document once you are a notary, but, can your employer require you to become a notary as a responsibility of the position? I have always understood that they could not since it is not a matter of employer liability but the employees personal liability.

I'm not sure an employer could force someone to become a notary, but I know in past lives, when an employer requested that an employee become a notary, they not only reimbursed them for any costs for becoming a notary, but also reimbursed them for their personal liability insurance.

Actually, my question is not whether you can refuse to notarize a document once you are a notary, but, can your employer require you to become a notary as a responsibility of the position? I have always understood that they could not since it is not a matter of employer liability but the employees personal liability.

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If you are notarizing documents of behalf of your employer, it's my understanding that the employer has the liability with the liability covered under the employers errors and omissions policy.

You do bring up an interesting point, e.g. if a notary cannot refuse to notarize a document, in this case a non-employer related document, that notary would have liability that would not be covered by the employer. Therefore, it seems to me that an employer cannot force someone to be a notary as the liability may extend to non-employer notary tasks. On the other hand, if notary services are required as part of the job, it appears that an employer can decline to hire someone that will not become a notary.