The Expiring Commission and the Firm's Supply Cabinet
Luis has been a Nevada notary since 2021; his commission expires September 30, 2025. He works as a paralegal for a Las Vegas law firm. On September 29, the managing partner asks him to notarize a client's affidavit 'first thing tomorrow,' October 1, because the filing deadline is October 1 at 5 p.m. Luis's stamp and journal are in the firm's supply cabinet. The partner says the firm paid for the bond and stamp, so the journal belongs to the firm and Luis should leave it when he starts a new job on October 15. On September 30, Luis also receives a request from a friend to notarize a car title at a birthday party that evening; the friend's signature is already on the title and the friend will not be there. Luis's renewal application was submitted September 20, but the Secretary of State has not issued the new commission.
1. Can Luis notarize the affidavit on October 1 if his renewal is pending? Why or why not?
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No. A Nevada notary commission has a fixed expiration date, and a pending renewal application does not extend the commission. Once September 30 ends, Luis no longer has authority to perform notarial acts unless and until the Secretary of State issues a new commission and Luis completes any required oath, bond, and registration steps. Notarizing the affidavit on October 1 would be an unauthorized act, could invalidate the notarization, and could expose Luis to discipline. The firm should either have the affidavit notarized by another commissioned notary on October 1 or arrange for Luis to act only after his new commission is effective. A filing deadline is not a legal basis to act after expiration.
2. What should Luis do about the friend's car title on September 30?
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Luis must decline unless the friend appears before him. A signature already on a car title does not satisfy personal appearance. For a title assignment or affidavit, Luis must determine the correct notarial act, verify the friend's identity with satisfactory evidence, and complete the certificate only when the friend is present and acknowledges the signature or swears to the statement, as required. A birthday party is not a problem in itself, but Luis should not notarize in a chaotic setting where identity and willingness cannot be confirmed. If the friend cannot appear, the friend must find another notary and appear in person. Luis should also journal the act if he does perform it.
3. Who should keep the journal and stamp when Luis leaves the firm, and what limits apply?
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The notary commission is personal to Luis, so the official journal and seal are not ordinary office supplies that the firm can keep and use. Even if the firm paid for the bond or stamp, Luis remains responsible for the journal and for the security of his seal. When he leaves, he should retain the journal for the retention period required by Nevada law and keep it available for lawful inspection or production. He should keep the seal under his control and follow Nevada's rules for disposal or surrender when his commission ends. He must not let firm staff use his stamp or journal, and he should not leave a signed blank certificate or an accessible seal behind. The firm may keep copies only as permitted by law.