Journaling and Record Keeping Flashcards

A notary receives a subpoena requiring them to produce their journal as evidence in a civil lawsuit. What should the notary do?

Answer: Consult an attorney and comply with the lawful subpoena

A subpoena is a court order; the notary must comply with lawful legal process and should seek legal counsel regarding any confidentiality concerns.

When a signer executes three separate documents at one appointment, how should journal entries be handled?

Answer: A separate journal entry should be made for each document notarized

Each notarial act is a separate act requiring its own journal entry, even when multiple acts are performed for the same signer on the same day.

A notary wants to record a signer's fingerprint in the journal for a high-value real estate deed. If the signer refuses to provide one, what should the notary do?

Answer: Note the refusal in the journal entry and proceed if all other requirements are met

Fingerprints are a best-practice safeguard, not universally mandatory; the notary should note the refusal and may still proceed if proper ID and other requirements are satisfied.

What is the commonly recommended minimum retention period for a completed notary journal in best-practice guidelines?

Answer: At least 10 years after the last entry in the journal

Best-practice guidelines typically recommend retaining journals for at least 10 years because legal disputes or fraud claims can arise long after a notarization.

A notary discovers they forgot to fill in the fee amount in a journal entry made two weeks ago. What is the best course of action?

Answer: Add the missing information in the original space with today's date and an explanation

Adding omitted information with a notation of the date it was added and an explanation maintains accuracy while preserving the original entry's integrity.

If a signer is unable to write their name and instead makes an 'X' mark on a document, what should the notary record in the journal?

Answer: Note that the signer used a mark and record the names of any witnesses to the mark

When a signer uses a mark, the journal should record this fact along with witness information, as witnesses to the mark may be legally required.

For a remote online notarization, what additional information should be captured in the journal compared to an in-person notarization?

Answer: The technology platform used and confirmation number for the recorded session

Remote notarizations require documentation of the technology platform and session record to verify the audio-visual connection was properly established.