DE Notary Notary Journal and Record Keeping 1 — Questions and Answers
Question 1: Is a Delaware notary required by law to maintain a notary journal?
- Yes, Delaware law requires notaries to keep a journal of notarial acts (Correct answer)
- No, a journal is optional but recommended
- Yes, but only for real estate transactions
- No, records are kept by the county only
Correct answer: Yes, Delaware law requires notaries to keep a journal of notarial acts
Delaware law mandates that notaries maintain a sequential journal recording all notarial acts they perform.
Question 2: What information must be recorded in a Delaware notary's journal for each notarial act?
- Date, type of notarial act, document type, signer name, and identification used (Correct answer)
- Only the signer's name and date
- Only the document type and fee charged
- Only the notary's signature and date
Correct answer: Date, type of notarial act, document type, signer name, and identification used
Each journal entry must include the date, type of act, document description, signer's name, and the form of identification presented.
Question 3: How long must a Delaware notary retain their journal after it is full or after their commission expires?
- At least 10 years (Correct answer)
- 1 year
- 3 years
- 5 years
Correct answer: At least 10 years
Delaware requires notaries to retain their journals for at least 10 years after the last entry or commission expiration.
Question 4: What should a Delaware notary do with their journal if their commission is revoked?
- Retain the journal as required by law and do not destroy it (Correct answer)
- Immediately destroy all journal entries
- Submit the journal to the county clerk
- Surrender the journal to the Secretary of State
Correct answer: Retain the journal as required by law and do not destroy it
Even after commission revocation, the notary must retain the journal for the full retention period rather than destroying it.
Question 5: May a Delaware notary's employer confiscate the notary's official journal?
- No, the journal is the personal property of the notary (Correct answer)
- Yes, if the notary conducted acts on company time
- Yes, employers have full rights to notary records
- No, but the employer may request copies
Correct answer: No, the journal is the personal property of the notary
The notary journal is the personal property of the notary, not the employer, and cannot be confiscated.
Question 6: If a Delaware notary loses their journal, what should they do?
- Notify the Delaware Secretary of State promptly (Correct answer)
- Purchase a new journal and continue without reporting the loss
- File a report with local law enforcement only
- Recreate the journal from memory
Correct answer: Notify the Delaware Secretary of State promptly
A lost or stolen notary journal should be reported to the Delaware Secretary of State because it contains sensitive personal information about signers.
DE Notary Notary Journal and Record Keeping 1
Is a Delaware notary required by law to maintain a notary journal?