Your Cookies are Disabled! NationalNotary.org sets cookies on your computer to help improve performance and provide a more engaging user experience. By using this site, you accept the terms of our cookie policy. Learn more.

3 Misconceptions About Notary Journals

journal-entry-request.jpgThe entries in a Notary journal are an important protection against lawsuits and accusations of negligence — but only if they are properly entered and maintained. When keeping a journal, make sure you avoid these 3 common misconceptions:

Misconception 1. You Can Skip Making A Notary Journal Entry For A Repeat Signer

Some Notaries mistakenly assume that if they are notarizing for a signer who is a repeat customer, there’s no need to make a new journal entry. This is an easy way for the Notary to get into trouble. In most states requiring a journal, such as California and Texas, the law clearly requires Notaries to record a journal entry for each official act they perform. Failing to do so is a violation of the law.

There are a couple of state exceptions. In Arizona, if a Notary performs more than one notarization for an individual within a 6-month period, the individual must provide satisfactory evidence of identity and sign the journal only the first time. So while a Notary must complete a journal entry for these repeat notarizations, certain elements may be skipped.

In Nevada, a Notary who performs more than one notarial act for a signer at the same time may make one entry in the journal for multiple acts on one document or on similar documents. Nevada also has a provision similar to Arizona’s, but the Notary must also have personal knowledge of the identity of the individual, the individual must be an employer or coworker of the Notary and the notarial act must relate to a transaction performed in the ordinary course of the individual’s business. In this case, the Notary would enter “known personally” in the journal to note how the individual was identified.

Even if you are commissioned in a state where keeping a journal is optional (such as Florida) skipping a journal entry for a notarization can still cause you serious legal problems if you are named in a Notary lawsuit at a later date. Without a journal entry providing evidence that you performed the notarization correctly, you could be held liable for any damages stemming from problems with the notarization.

Misconception 2. You Can Keep Photocopied Documents Or IDs

Some Notaries ask for or make photocopies of signers’ documents or identification to supplement their journal entries, mistakenly thinking that this provides better protection for them than journal entries alone. Notaries should not do this — the Notary is only required to ask for information required by state law for the journal entry. Requesting or making photocopies is a potential breach of privacy because documents and IDs could contain sensitive personal information.

Misconception 3. Your Notary Journal Belongs to Your Employer

Your Notary journal is always your property, even if your employer paid for it. If you leave your job, your Notary journal goes with you — your employer may not require you to leave it with them.

There are exceptions to this rule. Arizona allows Notaries to keep a separate journal for nonpublic records — such as documents under attorney-client privilege — and the nonpublic journal may be kept by the employer if the Notary leaves. Oregon Notaries may sign an agreement that permits an employer to keep a journal if the employee leaves, but the Notary must keep a copy of the agreement. Tennessee Notaries working for certain financial institutions subject to the Financial Records Privacy Act must provide access to their journals under the Financial Records Privacy Act or Right to Privacy Act. And, while California law clearly affirms that the journal is the Notary’s and may never be surrendered to an employer, the employer may request copies of any journal entries that relate to the business purposes of the employer while the Notary is employed or when the Notary goes out the door.

David Thun is an Associate Editor at the National Notary Association.

Additional Resources:

NNA Hotline

 


9 Comments

Add your comment

laurie brisbin

14 Oct 2019

i was wondering why you never mention New York State law in any of your examples.

National Notary Association

14 Oct 2019

Hello, Laurie. Since New York does not require its Notaries to keep a journal of their acts, the state does not provide any statutory guidelines for recording or storing journals.

Debbie Morauske

14 Oct 2019

Thank you!

Bethany

14 Oct 2019

I have heard different things from different notaries. When performing a loan package... you only need the signer to sign your journal once/thumbprint and then indicate/list what items you notarized. Some say you need to have a separate signature/thumbprint for each doc you notarized in the loan package. After reading this article I’m still not clear.

National Notary Association

14 Oct 2019

Hi Bethany. It would depend on your state's laws regarding journals. If your state requires a signature for each journal entry, then you would need to follow your state's requirements. If you can tell us what state you are commissioned in, we would be happy to provide you with more specific information.

Harold Ehrlich

14 Oct 2019

Re: misconception #2 I have not done a loan signing yet that the lender does not ask for a copy or photo of drivers license, etc. with the docs. Are you saying I should not provide this’d?

National Notary Association

14 Oct 2019

Hi Harold. What we are cautioning Notaries against is asking a signer to provide a photocopy of a notarized document or signer ID for the Notary's personal journal records.

Kristina

14 Oct 2019

agree with Bethany. I list all journal entries for loan signings but am told by borrowers prev NSA do not do that. only one entry/signature I live in CA. Also do we have to list all the info on every single line for loans? address, id info, etc. I undetrstand the rest as that changes but to repeat these every line for 20 lines take so much more time.

National Notary Association

15 Oct 2019

Hi Kristina. California requires each line item in a Notary's journal to be completed with all required information under state law. The following instructions are from the California Secretary of State's January 2018 newsletter for Notaries, pages 2-5 (https://notary.cdn.sos.ca.gov/forms/notary-newsletter-2018.pdf): "If you are notarizing multiple documents for a signer or signers, each notarial act must be indicated clearly in your journal. Hash marks, ditto marks, arrows, lines, or other shortcuts do not meet the requirements for entering a complete notarial act into your journal. "The signature of the person who requested the notarial act could be critical in an investigation that includes handwriting analysis. Secretary of State Investigators have found instances where a signature is captured incorrectly on one diagonal line drawn through several line items in an attempt to show one person signed multiple documents. California Government Code section 8206(c) requires a signature for each line item ... Capture a signature on every line item for every notarial act. No exceptions."

Leave a Comment

Required *

All comments are reviewed and if approved, will display.