Free Recordkeeping & Journal Entries Questions and Answers — Questions and Answers
Question 1: What information should a notary record for each entry in their journal?
- Only the signer's name and the date
- The date, type of notarial act, document type, signer's name, ID used, and the notary fee charged (Correct answer)
- The document's content and a copy of the signer's ID
- The signer's home address and phone number only
Correct answer: The date, type of notarial act, document type, signer's name, ID used, and the notary fee charged
A complete notary journal entry should include: the date of the notarial act, the type of act performed, the type of document notarized, the signer's name and address, the type of identification presented, the notary fee charged, and the signer's signature in the journal. Some states require additional information such as thumbprints for specific document types.
Question 2: Why is a signer's signature in the notary journal important?
- It authorizes the notary to charge their fee
- It provides a specimen signature that can be compared to detect forgery if the transaction is later questioned (Correct answer)
- It serves as an additional witness signature for the document
- It allows the notary to contact the signer for future business
Correct answer: It provides a specimen signature that can be compared to detect forgery if the transaction is later questioned
Having the signer sign the notary journal creates a contemporaneous record of their signature at the time of the notarial act. If the transaction is later disputed — for example, if someone claims their signature was forged — the journal signature provides forensic evidence that the person did appear before the notary. It also serves as a deterrent against fraud.
Question 3: How long should a notary retain their journal after their commission expires?
- It can be discarded immediately upon expiration
- It must be retained according to state law, often for several years (Correct answer)
- Only for 30 days in case of immediate disputes
- It must be submitted to the state within one week of expiration
Correct answer: It must be retained according to state law, often for several years
State laws specify how long notary journals must be retained after a notary's commission expires, and this period often ranges from 5 to 10 years or more. The journal may be needed as evidence in future legal proceedings involving transactions that occurred during the commission period. Disposing of the journal prematurely can expose the former notary to legal liability.
Question 4: What should a notary do if their journal is lost or stolen?
- Begin a new journal and continue working as normal
- Report the loss or theft to the appropriate state authority and potentially law enforcement (Correct answer)
- Reconstruct the journal from memory and email it to the Secretary of State
- Cancel their commission and apply for a new one
Correct answer: Report the loss or theft to the appropriate state authority and potentially law enforcement
If a notary's journal is lost or stolen, they should promptly notify the appropriate state authority (typically the Secretary of State or commissioning office) and, if theft is suspected, local law enforcement. A missing journal could be used to create fraudulent notarizations, so reporting it protects the notary from being implicated in future fraudulent acts.
Question 5: In states that permit thumbprinting, for which type of transaction is it most commonly required?
- All notarial acts regardless of document type
- Real property transactions such as deeds of trust and grant deeds (Correct answer)
- Personal loan agreements under $5,000
- Acknowledgments of personal correspondence
Correct answer: Real property transactions such as deeds of trust and grant deeds
In states that permit or require thumbprinting in the notary journal (California being the most notable example), it is most commonly required for real property transactions — specifically deeds that convey or encumber real estate, such as grant deeds, deeds of trust, and quitclaim deeds. Real estate fraud is a significant concern, and a thumbprint provides biometric evidence linking the signer to the transaction.
Question 6: Can a notary use an electronic journal instead of a paper journal?
- No, all notary journals must be paper-based in every state
- Yes, many states now authorize electronic journals for notarial acts (Correct answer)
- Yes, but only for Remote Online Notarization (RON) acts
- Only if the notary also maintains a duplicate paper journal
Correct answer: Yes, many states now authorize electronic journals for notarial acts
Many states now authorize notaries to maintain electronic journals as an alternative to paper journals. Electronic journals must meet specific state requirements for security, tamper-evidence, and data integrity. In states that have enacted Remote Online Notarization (RON) statutes, electronic journals are typically mandatory for RON acts, but some states allow electronic journals for in-person notarizations as well.
Free Recordkeeping & Journal Entries Questions and Answers
What information should a notary record for each entry in their journal?