How to Keep a Notary Journal: Best Practices

Maintaining a notary journal is one of the most critical aspects of performing your duties as a notary public. A well-kept journal records each notarial act, providing essential information in case of disputes or legal challenges. Many states require notaries to maintain a journal by law, while others recommend it as a best practice to safeguard against potential issues.

In this guide, we’ll explore the best practices for keeping a notary journal, what information you should record, and how to store your journal securely to protect you and the public.

Why Keeping a Notary Journal is Essential

A notary journal serves several purposes, from legal protection to transparency in your notarial acts. While not every state mandates keeping a journal, it is widely recognized as a best practice. Journals offer a historical record of notarizations, which can be helpful if questions arise about the authenticity of a notarization or the circumstances surrounding it.

Benefits of Keeping a Notary Journal:

• Legal Protection: In a legal dispute, a notary journal indicates that the notarization was performed correctly, documenting critical information such as the date, location, and signer’s identification.
• Compliance: Some states, like California, Texas, and Florida, require notaries to maintain detailed journals by law. Keeping a journal ensures that you meet your state’s legal requirements.
• Proof of Due Diligence: A well-maintained journal demonstrates that you conducted each notarization with care, helping to establish your professionalism and accountability.

What Information Should You Record?

Certain key pieces of information should be recorded for every notarization to ensure your notary journal is thorough and accurate. States that mandate keeping a journal typically outline the required details, but it’s a good idea to include the following information regardless of location.

Essential Information to Record:

• Date and Time of Notarization: Always record the exact date and time when the notarization took place.
• Type of Notarial Act: Specify whether the act was an acknowledgment, jurat, or a different kind of notarial service.
• Signer’s Information: Include the name and address of the signer, as well as the method you used to verify their identity (e.g., driver’s license, passport).
• Document Type: While not all states require you to note the specific document type, including a brief description (e.g., real estate deed, power of attorney) can help provide context.
• Signature of the Signer: Having the signer sign the journal entry proves that the notarization occurred.
• Fee Charged: If applicable, record the amount charged for the notarization.
• Thumbprint: Some states, such as California, require a thumbprint for certain transactions, particularly involving real estate or powers of attorney. Including a thumbprint adds another layer of security.

Example of a Notary Journal Entry:

Best Practices for Recording Information

To keep your notary journal accurate and valuable, follow these best practices:

• Use Bound Journals: A bound journal with pre-numbered pages ensures that entries cannot be removed or tampered with. Loose-leaf journals are not recommended, as they may raise questions about the integrity of the record.
• Enter Information Before the Notarization: Always complete the journal entry before performing the notarial act. This ensures that you have verified all necessary information before proceeding.
• Be Consistent: Record each entry in the same format to maintain consistency. If your state requires specific information, ensure that every entry meets those requirements.
• Use Legible Handwriting: Clear, legible handwriting ensures the information is easily understood and referenced.
• Secure Storage: Store your journal in a secure location, such as a locked drawer or safe. Notaries are responsible for ensuring the safety of their journals to prevent unauthorized access.

State Requirements for Notary Journals

While some states leave it to the notary’s discretion to maintain a journal, others require notaries to keep detailed records of every notarization. These requirements vary by state, and you must understand the specific rules that apply to you.

State Requirements for Notary Journals:

Staying updated on your state’s notary laws is essential, as regulations can change. Failure to maintain a journal when required can result in penalties or revocation of your notary commission.

How to Handle Multiple Notarizations in One Journal Entry

If you’re performing multiple notarizations for the same signer, it can be tempting to lump them all into one journal entry. However, best practice dictates that you record each notarial act separately. This ensures you have a comprehensive record of each notarization, which can be critical if a specific document is ever challenged.

For example, if a signer completes a real estate deed and a power of attorney, create separate journal entries for each document. This helps prevent confusion and ensures that each notarization is recorded with the necessary details.

Protecting and Storing Your Notary Journal

Storing your journal securely is essential once you’ve completed a journal entry. Notary journals often contain sensitive information, including personal identification details, signatures, and sometimes thumbprints. Therefore, keeping your journal in a safe, locked location is critical to protecting yourself and the signers.

Best Practices for Storing Your Journal:

• Lock It Up: Store your journal in a locked drawer or cabinet when not in use.
• Restrict Access: Only the notary should have access to the journal. Do not allow others to handle or access your journal without proper authorization.
• Back-Up Records: If your state permits electronic journals, consider maintaining a digital backup of your entries for added security.

What to Do When Your Commission Ends

When your notary commission expires, knowing what to do with your notary journal is essential. Many states require notaries to keep their journals for a specified period, even after their commission ends.

For example, in California, notaries must submit their journals to the county clerk within 30 days of commission expiration. In other states, like Texas, notaries must retain their journals for at least five years.

Always check your state’s requirements to determine how long you must retain your journal and where it should be stored after your commission ends.

Read More: How to Renew Your Notary Commission In California

Protect Yourself and Your Notarial Practice with a Well-Organized Journal

Maintaining a well-organized and thorough notary journal is one of the best ways to protect yourself from legal challenges and ensure that your notarizations are adequately documented. Whether it’s a state-mandated requirement or a best practice, a detailed notary journal is essential to performing your duties as a notary public.

Following these best practices for keeping a notary journal can enhance your professionalism, comply with state laws, and provide a clear record of your notarial acts.

For more detailed information on journal-keeping best practices, check out the resources available through the Notary Public Association. These tools can help you refine your notarial practices and maintain a successful notary career.