MS Notary Notary Journal and Record Keeping 1 — Questions and Answers
Question 1: What information must be recorded in a Mississippi notary's journal for each notarial act?
- Date, type of act, signer's name, ID type used, document type, and fees charged (Correct answer)
- Only the signer's name and date
- Only documents involving real estate
- No journal is required
Correct answer: Date, type of act, signer's name, ID type used, document type, and fees charged
A Mississippi notary journal entry should include the date and time, type of notarial act, signer's name, identification method, type of document, notary fee, and the signer's signature.
Question 2: How long must a notary retain their journal records?
- For the period specified by state law, typically 7-10 years after the last entry (Correct answer)
- Only during the current commission term
- 30 days after each notarization
- No retention requirement exists
Correct answer: For the period specified by state law, typically 7-10 years after the last entry
Most states require notaries to retain their journals for a specified period, often 7-10 years, to allow for future reference and investigation of notarial acts.
Question 3: What should a notary do with their journal when their commission ends?
- Follow state law regarding storage, transfer to the state, or destruction (Correct answer)
- Discard it immediately
- Give it to the next notary who takes their position
- Post it publicly for transparency
Correct answer: Follow state law regarding storage, transfer to the state, or destruction
State law dictates journal disposition when a commission ends. Some states require submission to the Secretary of State, while others require secure storage or supervised destruction.
Question 4: Can a member of the public request to inspect a notary's journal?
- Generally yes, the journal is a public record that may be inspected under state law (Correct answer)
- No, the journal is completely private
- Only law enforcement can view it
- Only the original signers can view their own entries
Correct answer: Generally yes, the journal is a public record that may be inspected under state law
Notary journals are generally considered public records. Many states allow members of the public to inspect journal entries, though personal information may have some protections.
Question 5: What should a notary do if their journal is lost or stolen?
- Notify the appropriate state authority immediately and file a report (Correct answer)
- Do nothing until their commission renewal
- Start a new journal with no notification
- Post a notice in the local newspaper
Correct answer: Notify the appropriate state authority immediately and file a report
A lost or stolen journal should be reported immediately to the state's notary commissioning authority (usually Secretary of State) and to law enforcement to protect against potential identity fraud.
Question 6: Must a notary include a thumbprint in their journal?
- Only if required by state law; some states mandate it for certain documents (Correct answer)
- Yes, all states require thumbprints
- No state requires thumbprints
- Only for international documents
Correct answer: Only if required by state law; some states mandate it for certain documents
Thumbprint requirements vary by state. Some states like California require thumbprints for certain documents (like deeds), while most states do not mandate them.
What information must be recorded in a Mississippi notary's journal for each notarial act?