NH Notary NH Notary Journal and Record Keeping 1 — Questions and Answers
Question 1: Under New Hampshire law, is a notary public required to maintain a journal of notarial acts?
- No, it is optional (Correct answer)
- Yes, it is mandatory
- Only for electronic notarizations
- Only if notarizing real estate documents
Correct answer: No, it is optional
New Hampshire does not require notaries to maintain a journal, though it is strongly recommended as best practice.
Question 2: What information is recommended to record in a NH notary journal entry?
- Only the signer's name
- Date, type of act, signer's name, and ID type used (Correct answer)
- Only the document title
- Only the notary's signature
Correct answer: Date, type of act, signer's name, and ID type used
Best practice journal entries include the date, type of notarial act, signer's name, and type of identification presented.
Question 3: How long should a NH notary retain journal records as a best practice?
- 1 year
- 3 years
- 5 years
- 10 years (Correct answer)
Correct answer: 10 years
Notaries are advised to retain records for at least 10 years to protect against future legal disputes.
Question 4: When a NH notary's commission expires, what should happen to their journal?
- Destroy it immediately
- Retain it securely for future reference (Correct answer)
- Submit it to the Secretary of State
- Transfer it to the next notary
Correct answer: Retain it securely for future reference
Even after a commission expires, the notary should retain the journal securely because past acts may be questioned.
Question 5: For NH remote online notarizations, what recording requirement applies?
- No recording is required
- An audio-visual recording must be retained for at least 10 years (Correct answer)
- A written summary is sufficient
- Recording is optional
Correct answer: An audio-visual recording must be retained for at least 10 years
NH RSA 455-G requires that audio-visual recordings of remote online notarizations be retained for at least 10 years.
Question 6: What is the primary purpose of maintaining a notary journal?
- To bill clients accurately
- To provide evidence of proper notarization in case of dispute (Correct answer)
- To report to the Secretary of State annually
- To track income for tax purposes
Correct answer: To provide evidence of proper notarization in case of dispute
A journal provides a contemporaneous record that can defend the notary if a notarization is later challenged.
Under New Hampshire law, is a notary public required to maintain a journal of notarial acts?