What You Need to Know About Resigning Your Notary Position

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Whether you are moving, retiring, or just do not want to be a notary anymore, you need to formally resign your commission. Simply letting it expire is not the same as resigning. Here is what to do and what happens to your records, your stamp, and your liability.

Why You Should Formally Resign (Instead of Just Letting It Lapse)

If you move out of state, stop performing notarizations, or no longer meet the eligibility requirements, you should formally resign your commission. Walking away without notifying your state creates problems:

• Your commission remains active, and you could be held liable if someone forges your seal on a document
• You remain on public notary directories, leading to requests you cannot fulfill
• Some states impose penalties for not reporting a disqualifying event (like a felony conviction) within a required time frame

Step 1: Notify Your State’s Commissioning Authority

Contact the agency that issued your commission (usually the Secretary of State) and tell them you are resigning. Most states accept a written letter or an online form. Include your name, commission number, and the effective date of your resignation. Some states require you to return your commission certificate.

If you are resigning because you moved out of state, check whether your new state has a reciprocity or transfer process. Some states let you transfer your commission; others require you to start from scratch.

Step 2: Handle Your Notary Journal

Your notary journal is a legal record. What you do with it depends on your state:

• Return it to the county clerk or state office: required in some states (California, for example)
• Keep it for the required retention period: most states require you to keep your journal for a set number of years (typically 5-10 years) after your last entry. Store it in a secure location.
• Never destroy it: even after the retention period expires, it is better to keep the journal than to destroy it, since it may be needed for legal proceedings

Check your state’s specific journal retention requirements before you do anything with it.

Step 3: Destroy or Return Your Notary Stamp

Your notary stamp or seal must be taken out of circulation. Most states require you to destroy it (cut it up, deface it, or peel off the rubber) so it cannot be used by anyone else. A few states require you to return it to the commissioning authority.

Do not just throw it in the trash intact. Someone could find it and use it to forge notarizations under your name. Destroy it thoroughly.

Step 4: Inform Your Employer and Clients

If you perform notarizations for your employer, let them know you are resigning and when your resignation takes effect. If you have active clients as a mobile notary or signing agent, notify them so they can find a replacement. You do not want someone showing up for a scheduled signing only to find out you are no longer a notary.

If you have pending appointments, either complete them before your resignation date or refer the clients to another notary who can take over.

Step 5: Cancel Your Bond and E&O Insurance

Contact your bonding company and let them know you are resigning. They may be able to cancel your bond and issue a partial refund for the unused portion of the term. Do the same for your E&O insurance policy.

Post-Resignation Liability

Resigning does not erase liability for notarizations you performed while commissioned. If a notarization you completed is challenged in court, you can still be called to testify or held liable for errors you made during your commission. Your journal entries are your evidence that you followed proper procedure.

This is why keeping your journal after resignation is so important. It protects you long after your commission ends.

Recommissioning After Resigning

Yes. Resigning your commission does not prevent you from reapplying in the future. If you move back to the state, change careers, or simply decide you want to be a notary again, you can apply for a new commission. You will go through the same application process as a first-time applicant: new bond, new fees, new background check (if your state requires one).

Frequently Asked Questions

Do I have to resign if I move to another state?

It depends on the state. Some states allow non-residents who work in the state to keep their commission. Others require residency. Check with your commissioning authority.

Can I just let my commission expire instead of resigning?

You can, but if you are no longer eligible (moved out of state, felony conviction, etc.), some states require you to notify them promptly. Letting it lapse when you know you are ineligible can create problems.

What do I do with my journal after resigning?

Check your state’s retention requirements. Most states require you to keep your journal for 5-10 years. Some require you to return it to the county clerk. Never destroy a notary journal without checking the rules first.

Do I get a refund on my bond or insurance?

Possibly. Contact your bonding company and insurance provider. Some offer prorated refunds for the unused portion of the term.

Related Reading

• Transferring Your Notary Commission to Another State
• Notary Journal Templates
• E&O Insurance for Notaries

Updated May 2026.