PA Notary Journal & Records 1 — Questions and Answers
Question 1: According to Pennsylvania law, which of the following details *must* be recorded in a notary's journal for *every* notarial act performed?
- The fee charged for the notarial act. (Correct answer)
- The notary's personal opinion of the signer's mental state.
- A copy of the entire document being notarized.
- The signer's Social Security number.
Correct answer: The fee charged for the notarial act.
Pennsylvania law mandates that the notary's journal must include the fee charged for the notarial act, among other specific details such as the date and time, type of act, description of the document, and method of identity verification.
Question 2: For how long must a Pennsylvania notary public retain their official journal and all other notarial records?
- 3 years after the date of the notarial act.
- 5 years after the date of the notarial act.
- 7 years after the date of the notarial act. (Correct answer)
- Until the notary's commission expires.
Correct answer: 7 years after the date of the notarial act.
Pennsylvania notaries are required to retain their journals and all other notarial records for a period of seven years after the date of the notarial act. This ensures a sufficient record-keeping period for legal and administrative purposes.
Question 3: When performing an electronic notarization, what specific requirement applies to the notary's journal in Pennsylvania?
- Electronic notarizations do not require a journal entry if a secure electronic record is maintained.
- The notary must maintain an electronic journal that complies with the same requirements as a tangible journal. (Correct answer)
- A separate tangible journal must be used for all electronic notarial acts.
- Only the date and time of the electronic notarization need to be recorded.
Correct answer: The notary must maintain an electronic journal that complies with the same requirements as a tangible journal.
For electronic notarizations, Pennsylvania law permits the use of an electronic journal, provided it meets the same requirements for security, integrity, and record-keeping as a tangible journal. The electronic journal must contain all the information required for traditional notarial acts.
Question 4: A Pennsylvania notary public is presented with a document for notarization. Which of the following pieces of information is *not* explicitly required to be recorded in the notary's journal for this act?
- The date and time of the notarial act.
- The type of notarial act performed.
- The full text of the document being notarized. (Correct answer)
- The method used to identify the principal.
Correct answer: The full text of the document being notarized.
While the notary must record a description of the document or proceeding, including the type of document, it is not required to record the full text of the document itself. This protects privacy and is impractical.
Question 5: Upon the expiration, resignation, or revocation of a Pennsylvania notary public's commission, what is the proper procedure for the disposition of their official journal and other notarial records?
- The notary must destroy all records within 30 days.
- The notary must deliver the journal and records to the Department of State within 30 days. (Correct answer)
- The notary may keep the journal and records indefinitely for personal reference.
- The notary must transfer the journal and records to another active notary public.
Correct answer: The notary must deliver the journal and records to the Department of State within 30 days.
Pennsylvania law requires a notary public whose commission expires, is resigned, or revoked to deliver their official journal and all other notarial records to the Department of State within 30 days. This ensures continuity of records and proper archiving.
Question 6: When a Pennsylvania notary public identifies a principal based on "satisfactory evidence," which of the following must be recorded in the journal regarding that identification?
- The principal's occupation and marital status.
- The type of identification credential presented, its issuing agency, and its date of issuance or expiration. (Correct answer)
- A photograph of the principal and a copy of their fingerprint.
- The principal's full medical history.
Correct answer: The type of identification credential presented, its issuing agency, and its date of issuance or expiration.
For identification based on a credential, Pennsylvania law requires the notary to record the type of identification credential, the issuing agency, and the date of issuance or expiration. This provides a clear record of the identification method used.
Question 7: Under Pennsylvania law, who is generally authorized to inspect a notary public's journal?
- Any member of the public who requests to see it.
- Only the principal involved in a specific notarial act recorded in the journal.
- The Department of State, a law enforcement officer, or a court, upon proper request or subpoena. (Correct answer)
- Any attorney licensed in Pennsylvania.
Correct answer: The Department of State, a law enforcement officer, or a court, upon proper request or subpoena.
A Pennsylvania notary's journal is not a public record for general inspection. It may be inspected by the Department of State, a law enforcement officer, or a court, typically upon proper request, subpoena, or in the course of an investigation. This balance protects privacy while allowing for oversight.
According to Pennsylvania law, which of the following details *must* be recorded in a notary's journal for *every* notarial act performed?