Workplace Rules: Can an Employee Notarize Documents for Their Own Company?
- Leo McKay
- May 25
- 4 min read
If your business in Orlando — from Lake Nona offices to Winter Park branches and filings at the Orange County Courthouse — relies on an in-house notary, you need to know the current 2026 regulations that control when an employee can notarize for their employer. This guide breaks down Florida law into plain English and gives practical steps to keep your company compliant.
💡 Key Takeaways
Florida law generally allows a salaried employee to notarize for their employer, but only if the employee does not have a financial interest or receive extra compensation tied to the transaction.
Extra commissions or bonuses linked to a document (e.g., sales commission, transaction bonus) disqualify the employee-notary from notarizing that document.
If the notary is named in the document as a party or beneficiary (buyer, seller, attorney-in-fact, etc.), they should not notarize it.
Family relationships (spouse, parent, child) and appearance requirements still restrict who may notarize.
For recordable documents in Orange County, notarization is separate from recording fees; plan for both when submitting to Official Records.
Overview: the core rule
Under current 2026 Florida law, an employee may notarize documents for their employer — but only under limits meant to prevent conflicts of interest. Think of the rule this way: being on the payroll is okay; getting paid extra because of the deal is not.
The legal foundation
The governing statute is Fla. Stat. § 117.107. It bars notaries from notarizing when they have a "financial interest" in the transaction or are a party to it. But subsection (12) creates an important employee exception: a salaried employee may notarize for their employer so long as they receive no benefit other than their regular salary and the legal notary fee.
The Department of State Notary FAQ makes this practical: if a notary receives a commission, bonus, or other transaction-based compensation tied to that document (for example, a sales commission on an auto sale, real estate commission, or insurance sale), they must not notarize the transaction.
Common workplace situations — what to watch for
Extra pay tied to the transaction: If an employee-notary would get a commission or bonus because of the deal, they are disqualified from notarizing that document.
Being named in the document: If the notary is listed as a buyer, seller, borrower, attorney-in-fact, or other substantive party, they should not notarize because that makes them a party to the transaction.
Immediate family: Notarizing for your spouse, parent, or child is prohibited (see Fla. Stat. § 117.107(11)).
Appearance requirement: The signer must appear before the notary — physically for traditional notarization or via compliant audio-video for Remote Online Notarization (RON). The signer cannot be notarized remotely unless the state's audio-video rules are met.
Fee cap: For in-person paper notarial acts, Florida law caps the fee at $10 per notarial act (Fla. Stat. § 117.05(2)(a)). This does not replace separate recording fees when documents are submitted to county records.
How this plays out for Orlando businesses
Internal sales or HR forms: If your salesperson is also a notary, they cannot notarize a sales contract that generates a commission for them. If they are only on salary and receive no deal-based pay, notarization is typically allowed.
Corporate filings and recorded documents: If a notarized document will be recorded with Orange County Official Records, budgeting should include recording fees (e.g., $10 for the first page, $8.50 for each additional page) in addition to the notary fee. Recording fee details are provided by the Orange County Comptroller.
Local logistics: The Orange County Clerk offers select Saturday hours at the Winter Park and Ocoee branches (useful if your team needs weekend access to clerk services in 2026). Keep the Orange County Courthouse and clerk branch schedules in mind when planning deadlines.
Recent compliance context (2025–2026)
Florida made notable changes in 2025 restricting misleading "notario/immigration consultant" style advertising and creating civil remedies for certain violations. While this change is not specific to workplace notarization, it signals heightened enforcement and the need for clear, lawful client-facing communication about notary services.
Practical compliance checklist for employers
Create a written notary policy that explains the employee exception and lists disqualifying situations (commissions, being named in documents, family relationships).
Train employee-notaries on how to spot conflicts and require them to raise any potential conflict before notarizing.
Maintain a conflict checklist at notarization stations: signer relationship, named parties, and compensation ties.
Use an impartial mobile notary or Remote Online Notary (RON) when a conflict exists or as a second-check for high-risk documents (real estate, financing, powers of attorney).
Track where notarized documents will be recorded and budget for Orange County Official Records fees separately from notary fees.
Ensure your business remains compliant. If your in-house notary has a conflict of interest — for example, receives a commission, is named in the document, or is a close family member of the signer — hire an impartial mobile notary or use a Remote Online Notary to handle your corporate documents. For fast, compliant Orlando mobile or remote notary services (Lake Nona, Winter Park, downtown near the Orange County Courthouse, and across Orange County), contact us today to schedule a trusted notary who follows current 2026 regulations.
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