Notary Public Notary Journal & Recordkeeping Requirements — Questions and Answers
Question 1: What is the minimum information a notary is typically required to record in their journal for each notarial act?
- Only the date and the type of notarial act performed
- The date, type of notarial act, name of the signer, type of identification presented, and the notary's signature or initials (Correct answer)
- The full text of the document notarized and all parties' addresses
- The signer's Social Security number and date of birth
Correct answer: The date, type of notarial act, name of the signer, type of identification presented, and the notary's signature or initials
Most state laws and the NNA standards require the journal to record at minimum: the date of notarization, the type of notarial act, the signer's name, the type of identification presented (and ID number in many states), and the notary's own signature or initials for each entry. Some states require the signer's signature in the journal as well.
Question 2: A notary's journal is lost or stolen. What should the notary do?
- Nothing — journal loss is not a reportable event in any state
- Immediately reconstruct the journal from memory and continue as normal
- Notify the appropriate state authority (e.g., Secretary of State) and, if theft is suspected, file a police report (Correct answer)
- Suspend all notarial activities until a new journal has been in use for 90 days
Correct answer: Notify the appropriate state authority (e.g., Secretary of State) and, if theft is suspected, file a police report
A lost or stolen notary journal creates significant fraud risk because it contains signers' personal information and records of notarial acts that could be exploited. The notary should promptly notify the commissioning authority (usually the Secretary of State or county clerk) and, if theft is suspected, file a police report to create an official record.
Question 3: How should entries in a notary journal be recorded to ensure the integrity of the record?
- Entries may be recorded in any order as long as the dates are correct
- Entries should be made in sequential, chronological order with no blank lines between entries (Correct answer)
- Entries may be typed and printed on loose pages filed by month
- Entries should be written in pencil so corrections can be made easily
Correct answer: Entries should be made in sequential, chronological order with no blank lines between entries
Journal entries must be made in sequential, chronological order with no blank lines or gaps between entries. This prevents backdating or the fraudulent insertion of entries. Ink must be used (not pencil), and the journal should be a bound book (in states that require a physical journal), not loose pages.
Question 4: A notary performs two notarial acts for the same signer on the same document on the same date (e.g., an acknowledgment and a jurat). How many journal entries are required?
- One entry is sufficient to cover all acts performed on the same date for the same signer
- Two separate entries — one for each distinct notarial act performed (Correct answer)
- No entry is required when the same signer is involved in multiple acts
- Three entries: one for the signer, one for each act, and one for the document
Correct answer: Two separate entries — one for each distinct notarial act performed
Each distinct notarial act requires its own separate journal entry, even when performed for the same person on the same document and date. An acknowledgment and a jurat are legally different acts and must each be independently documented in the journal.
Question 5: How long must a notary typically retain their completed journal after the final entry or after their commission expires?
- 1 year from the date of the last entry
- The retention period varies by state but is commonly 5–10 years; some states require permanent retention or transfer to a government repository (Correct answer)
- Until the next commission renewal, then journals may be discarded
- 30 days, after which journals must be submitted to the Secretary of State
Correct answer: The retention period varies by state but is commonly 5–10 years; some states require permanent retention or transfer to a government repository
Journal retention requirements vary significantly by state. Many states require 5 or 10 years of retention; some (like California) require notaries to transfer their journal to the county clerk upon resignation, death, or commission expiration. Notaries must know their specific state's retention rule.
Question 6: A signer demands that the notary tear out and return the journal page containing the entry for their transaction. The notary should:
- Comply, since the entry contains the signer's personal information
- Provide a photocopy of the entry but retain the original journal page
- Refuse — the journal is the notary's official record and may not be altered, mutilated, or surrendered to any private party (Correct answer)
- Seek written authorization from the Secretary of State before deciding
Correct answer: Refuse — the journal is the notary's official record and may not be altered, mutilated, or surrendered to any private party
The notary journal is an official public record belonging to the notary's office, not the signer. A notary must never alter, destroy, or surrender journal entries — doing so may constitute destruction of official records, a criminal offense in many states. The notary may provide a certified copy of the entry if permitted by state law.
What is the minimum information a notary is typically required to record in their journal for each notarial act?