2.3 Seal Security & Replacement
Key Takeaways
- Government Code 8207 requires the seal to be kept in a locked and secured area under the notary's direct and exclusive control; failing to do so is grounds for Secretary of State action
- The seal is the notary's exclusive property and may never be surrendered to an employer or used by anyone else, even if the employer paid for it
- Under Government Code 8207.3, a lost, misplaced, destroyed, broken, damaged, or unworkable seal must be reported to the Secretary of State immediately
- To get a replacement, the notary uses a certificate of authorization; the Secretary of State issues it within five working days of the notice if requested, and a vendor may sell a new seal only on presentation of that certificate
- The seal must be destroyed when the commission ends (expiration, resignation, or revocation)
The "Direct and Exclusive Control" Requirement
Government Code 8207 states the seal "shall be kept in a locked and secured area, under the direct and exclusive control of the notary." The seal is also the notary's exclusive property — it must not be surrendered to an employer when employment ends, even if the employer paid for it, nor to any other person. Failing to secure the seal is itself grounds for administrative action by the Secretary of State, regardless of whether fraud occurs.
Worked scenario: A notary leaves her stamp in an unlocked office drawer; a coworker uses it to notarize forged loan documents. Even though she did not commit the fraud, she failed the exclusive-control duty — exposing her commission to discipline and her surety bond to claims. The lesson tested over and over: control of the seal is non-delegable.
Who May Use the Seal
| Person | May use your seal? |
|---|---|
| You, the commissioned notary named on it | Yes — only you |
| Another commissioned notary | No |
| Your employer or supervisor | No |
| A coworker, assistant, or family member | No |
If an employer says, "Leave your seal here so we can notarize while you're out," you must refuse. There is no exception for trust, convenience, or workplace pressure.
Storage Checklist
| Requirement | Implementation |
|---|---|
| Locked and secured | drawer, safe, or cabinet with a lock |
| Not accessible to others | even household members lack access |
| Supervised in public | never leave it unattended at a counter |
| Secured while traveling | locked container, not loose in a car |
Reporting a Lost, Stolen, or Damaged Seal
Under Government Code 8207.3, any notary whose official seal is lost, misplaced, destroyed, broken, damaged, or rendered otherwise unworkable shall immediately mail or deliver written notice to the Secretary of State.
Critical correction students must learn: the statute requires immediate notice — it does not give the notary a five-day window. The "five working days" runs the other direction: the Secretary of State, within five working days after receiving the notice and if the notary requests it, issues a certificate of authorization the notary uses to buy a replacement seal. Practically, the Secretary of State directs notaries to send a Lost or Stolen Seal and/or Journal form promptly by certified mail (or other delivery with a receipt), with a copy of any police report.
| Step | What happens | Timeline |
|---|---|---|
| 1 | Notary mails/delivers written notice to the Secretary of State | immediately |
| 2 | Secretary of State issues a certificate of authorization (if requested) | within five working days of receiving the notice |
| 3 | Notary presents the certificate to an authorized vendor | as soon as obtained |
| 4 | Vendor provides the replacement seal | only upon presentation of the certificate |
What to include in the notice: your full legal name, your commission number, the date you discovered the loss, the circumstances (for example, "stolen from a locked vehicle"), and any action taken (such as a police report number).
The Certificate of Authorization (Often Overlooked)
A vendor or manufacturer may provide an official seal only upon presentation of a certificate of authorization. The vendor records the certificate's sequential identification number, retains a copy, and submits the original — bearing a sample impression of the new seal — to the Secretary of State for verification and recordkeeping. This is why you cannot simply re-order a seal after a loss; the certificate is the control that links the new physical seal back to your commission.
May You Notarize While Waiting?
No. You cannot perform notarial acts without a proper, compliant seal. Using a seal with wrong information or no seal at all creates defective notarizations and personal liability. Wait for the authorized replacement.
Destroying the Seal
The seal must be destroyed when your authority ends — and an intact seal, even an expired one, can be misused.
| Situation | Action |
|---|---|
| Commission expires | destroy the seal |
| You resign | destroy the seal |
| Commission is revoked | destroy the seal |
| You receive a new seal (loss or name change) | destroy the old seal once the new one is in hand |
Proper destruction means the seal cannot be used or reconstructed: cut a rubber stamp into pieces and dispose of them separately; break an embosser's mechanism and deface its plates. Do not simply toss an intact seal in the trash.
On the Exam
Expect 3-4 questions. High-value anchors: "direct and exclusive control"; the seal is the notary's exclusive property and is never surrendered to an employer; a lost/damaged seal is reported to the Secretary of State immediately (not a 5-day grace period); the certificate of authorization is required to obtain a replacement, and the Secretary of State issues it within five working days of the notice; and the seal must be destroyed when the commission ends.
Under Government Code 8207.3, when must a notary report a lost or damaged official seal to the Secretary of State?
An employer who paid for a notary's seal demands it back when the notary quits. What does the law require?
What document must a notary present to a vendor to obtain a replacement seal after reporting a loss?
What must a California notary do with the seal when the commission expires?