Notary Public Exam Recordkeeping & Journal Entries 2 — Questions and Answers
Question 1: Which information is most commonly required to be recorded in a notary journal entry?
- Only the signer's name and document type
- Date and time of the act, type of notarial act, description of the document, signer's name, identification used, and notary's signature or initials (Correct answer)
- The full text of the document being notarized
- The signer's Social Security number and address
Correct answer: Date and time of the act, type of notarial act, description of the document, signer's name, identification used, and notary's signature or initials
A complete journal entry typically records: date and time, type of notarial act, document description, signer's full name, address, ID type and details, and the notary's signature or initials.
A thorough notary journal entry should include: (1) the date and time of the notarial act, (2) the type of act performed (jurat, acknowledgment, etc.), (3) a description of the document (type, date of document, parties), (4) the signer's full name and address, (5) the type of identification presented and its details (issuer, number, expiration), (6) the notary's signature or initials for the entry, and in some states (7) the signer's thumbprint for specified document types.
Question 2: How long are notaries typically required to retain their journal after their commission expires or they cease acting as a notary?
- 30 days
- Retention requirements vary by state, but commonly 5–10 years after the last entry or after commission expiration (Correct answer)
- 1 year
- Forever—notary journals are permanent records
Correct answer: Retention requirements vary by state, but commonly 5–10 years after the last entry or after commission expiration
State retention requirements vary significantly, but most states require notaries to keep their journals for a period after commission expiration, commonly ranging from 5 to 10 years.
Because notarized documents may be involved in legal disputes years or decades after execution, most states require notaries to retain their journals for a period after their commission ends. Retention requirements vary by state—some require 5 years, others 7 or 10 years. Some states require journals to be deposited with the county clerk or state archives upon the notary's retirement or death.
Question 3: What should a notary do if they make an error in a journal entry?
- Use white-out to correct the entry
- Draw a single line through the error, write the correction, and initial and date the correction—never obliterate the original entry (Correct answer)
- Tear out the page and create a new entry
- Leave the error uncorrected to avoid altering the official record
Correct answer: Draw a single line through the error, write the correction, and initial and date the correction—never obliterate the original entry
Journal corrections should be made by drawing a single line through the error (leaving it readable), writing the correction nearby, and initialing and dating the correction. White-out or obliteration of entries is never acceptable.
The proper correction method is: (1) draw a single line through the erroneous text so the original remains legible, (2) write the correct information adjacent to or above the crossed-out text, and (3) initial and date the correction. This method shows both the error and the correction while maintaining transparency.
Question 4: What is the purpose of recording the time of day in a notary journal entry?
- It is required for billing purposes
- To help resolve disputes about whether the notary or signer was present at a particular time, or whether the notary performed multiple acts on the same day for the same document (Correct answer)
- It is only required for evening or weekend notarizations
- Time of day has no legal significance in notary journal entries
Correct answer: To help resolve disputes about whether the notary or signer was present at a particular time, or whether the notary performed multiple acts on the same day for the same document
Recording the time helps establish a precise timeline, which can be critical if questions arise about whether a notarization occurred before or after a significant event, or whether multiple acts were performed in sequence.
Recording the precise time of each notarial act in the journal serves multiple purposes: it helps establish exactly when an act occurred (important if multiple documents were signed on the same day and sequence matters), it can resolve disputes about whether a signing occurred before or after a deadline or event, and it demonstrates the notary's thoroughness.
Question 5: Is a notary required to provide a copy of a journal entry to the signer upon request?
- Yes, always—signers have an absolute right to their journal entry
- It depends on state law; some states grant signers the right to a copy, while others restrict access to the notary and law enforcement (Correct answer)
- Never—the journal is the notary's private record
- Only if the notary charges the statutory copying fee
Correct answer: It depends on state law; some states grant signers the right to a copy, while others restrict access to the notary and law enforcement
Access to notary journal entries varies by state law. Some states grant signers the right to copies of entries concerning their transactions; others restrict journal access more narrowly.
The notary journal is an official public record in many states, which means access rules are set by state law. Some states allow any signer to request a copy of their journal entry; others restrict journal access to the notary and law enforcement (or courts via subpoena). Notaries should know their state's rules regarding who may request and obtain journal entries.
Question 6: What happens to a notary's journal when the notary dies?
- The journal is automatically transferred to the next of kin
- Most states require the journal to be turned over to the county clerk, Secretary of State, or another designated authority for safekeeping (Correct answer)
- The journal becomes the property of the notary's employer
- The journal must be destroyed to protect signer privacy
Correct answer: Most states require the journal to be turned over to the county clerk, Secretary of State, or another designated authority for safekeeping
Most states have specific laws requiring that upon a notary's death, their journal be delivered to the county clerk, Secretary of State, or other designated authority to preserve the official record.
Because the notary journal is an official record that may be needed as evidence in future legal proceedings, most states have laws providing for its preservation after the notary's death. Common requirements include delivery of the journal to the county clerk, the Secretary of State, or another designated custodian. Notaries should inform their families of this requirement and where the journal is kept.
Which information is most commonly required to be recorded in a notary journal entry?