Updated 8-28-18. A well-kept journal of notarial acts is a Notary's best defense against accusations of negligence. But if you're commissioned in a state with unusual journal guidelines, you must be sure to follow the law. Here are some states with unusual journal laws and guidelines:
California
When notarizing a signature on a deed, quitclaim deed, deed of trust or other document affecting real property, or a power of attorney document, California Notaries must have the signer affix a thumbprint in the journal entry. California authorizes a Notary to make certified copies of journal entries upon subpoena, court order or at the request of the Secretary of State but does not allow Notaries to certify copies of journal records for the general public. Notaries must provide non-certified photocopies of journal line item entries to any member of the public who presents a written request, including the names of the involved parties, the type of document and the date of notarization.
Florida
While Florida law does not require Notaries to keep a journal, state officials recommend the practice. The Governor's Reference Manual For Notaries says, "Even though journals are not required, any notary who is concerned with liability may want to consider this protective measure to provide a permanent record of his or her notarial acts."
Texas
Texas has specific rules in place regarding Notary journals to protect the privacy of signers. Notaries in Texas are prohibited from recording any ID number that could identify the signer, grantor or maker of a document, such as a driver’s license number or a Social Security number. Notaries are permitted to record a number related to a signer’s address, however (such as a street number).
Arizona
Arizona is unique in the U.S. in permitting Notaries working with legal documents to keep two different journals. In other states, Notaries may only keep a single, sequential journal record. Arizona law, however, makes a distinction between public notarial acts and notarizations affected by attorney-client privilege or that are confidential under federal or state law. Consequently, the state permits Notaries to keep separate journals — one for public acts and one for non-public acts..
While a journal of public acts stays in a Notary’s possession even if the Notary changes jobs, a journal containing only non-public records becomes the property of the employer when the Notary leaves that employment.
Illinois
Illinois’ recordkeeping requirements are unusual. While Illinois Notaries are not required to keep a logbook or journal, they are required to keep a record of the fees they charge for notarial services.
Massachusetts
Massachusetts exempts attorneys, counselors at law, paralegals, legal secretaries and other legal staff from keeping a notarial journal.
Montana
Montana allows Notaries to maintain more than one journal if they choose. For example, a Montana Notary may keep one journal for personal notarizations and one for notarizations performed at the workplace. However, no matter how many journals are maintained, a Montana Notary is expected to provide any notarial records if requested by an authorized party.
Nevada
Nevada exempts a Notary's co-workers and fellow employees from leaving a signature in the Notary's journal entry if the Notary has performed a notarization for that person within the past six months, personally knows the individual and the notarization relates to a transaction performed in the ordinary course of the person’s business.
If you notarize in one of these states, how have these laws affected you? Do you feel any changes are needed to your state’s journal laws? Share your thoughts in the comments section below.
Information on other states' laws can be found on the NNA State Law Summaries page.