Seal Security & Replacement

In 2019, a California notary left her seal in an unlocked desk drawer at work. A coworker used it to notarize forged documents, stealing over $200,000 from unsuspecting homeowners. The notary, despite not committing the fraud herself, faced disciplinary action, lost her commission, and had claims filed against her bond—all because she failed to maintain "exclusive control" over her seal.

This real-world example illustrates why California law takes seal security so seriously. Your seal gives legitimacy to any document it touches. In the wrong hands, it becomes a tool for fraud.

The "Exclusive Control" Requirement

This phrase appears repeatedly on the exam because it's the cornerstone of seal security law.

What "Exclusive Control" Means

Only you may:

• Possess the seal
• Have access to the seal
• Use the seal in any way

Storage Requirements

Who May NEVER Use Your Seal

Your seal is yours alone. Never lend it to:

Real-World Scenario: Your employer says, "Just leave your seal here so we can get documents notarized when you're out." This is absolutely prohibited. You must refuse, even if it creates workplace tension. Your commission depends on maintaining exclusive control.

Reporting Lost, Stolen, Misplaced, or Damaged Seals

The 5 Business Day Deadline

If your seal is:

• Lost (you can't find it)
• Stolen (taken by another person)
• Misplaced (temporarily can't locate)
• Damaged (no longer works properly)
• Destroyed (accidentally broken)

You must notify the Secretary of State within 5 business days of discovering the issue.

What Your Notification Must Include

Why Prompt Reporting Matters

Quick reporting:

• Creates a record protecting you from fraudulent use
• Allows authorities to investigate
• Demonstrates you fulfilled your legal duty
• Protects your commission from revocation

Important: Even if you later find the seal, the notification is still required. If it was misplaced, the notification creates a record in case it was used during that time.

Obtaining a Replacement Seal

Steps to Replace Your Seal

1. Report the loss within 5 business days (as above)
2. Order a new seal from an authorized manufacturer
3. Verify all elements match your current commission exactly
4. Wait for delivery - do NOT perform notarizations without a proper seal
5. Destroy the old seal if found after ordering replacement

Can You Notarize While Waiting?

No. You cannot perform notarial acts without a valid, proper seal. You must wait for your replacement seal to arrive.

This may be inconvenient, but notarizing without your seal—or using a seal with incorrect information—creates invalid notarizations and exposes you to liability.

Seal Destruction Requirements

When You MUST Destroy Your Seal

Proper Destruction Methods

Simply throwing away your seal is not sufficient. You must ensure it cannot be used or reconstructed.

For Rubber Stamps:

• Cut the rubber portion into multiple pieces
• Dispose of pieces in separate trash receptacles
• Do not leave intact in regular trash

For Embossers:

• Break the embosser mechanism
• Deface or destroy the seal plates
• Bend or break the handle

Why Destruction Matters

An intact seal—even an expired one—can be used fraudulently. Proper destruction prevents:

• Identity theft schemes
• Forged documents
• Fraud that could be traced back to you

Key Deadlines Comparison

On the Exam

Expect 3-4 questions on seal security. Key points tested:

• "Exclusive control": The key phrase—only YOU may access or use the seal
• 5 business days: Deadline to report lost, stolen, misplaced, or damaged seal
• Who to notify: Secretary of State (not county clerk)
• Never lend seal: To anyone—including employer, family, or other notaries
• Destruction required: When commission expires, upon resignation, or when getting new seal
• Cannot notarize: While waiting for replacement seal