CA Notary Notary Journal and Record Keeping 2 — Questions and Answers
Question 1: What must a California notary do with their journal when their commission expires?
- Destroy it immediately
- Submit it to the county clerk within 30 days
- Retain it personally for 10 years from the last entry (Correct answer)
- Send it to the Secretary of State
Correct answer: Retain it personally for 10 years from the last entry
Upon expiration of the commission, the notary must retain the journal personally for 10 years from the last entry recorded in it.
Question 2: Under California law, which entity may demand a copy of a notary's journal entry?
- Any member of the public
- Only the signer of the document
- Law enforcement with proper process or any person with a valid court order (Correct answer)
- Only the Secretary of State
Correct answer: Law enforcement with proper process or any person with a valid court order
California law allows law enforcement with proper legal process, or any person who obtains a court order, to receive certified copies of journal entries.
Question 3: What must a California notary do if their journal is lost or stolen?
- Wait 30 days before reporting
- Notify the Secretary of State by certified mail within 10 days (Correct answer)
- File a police report only
- Purchase a replacement and continue without reporting
Correct answer: Notify the Secretary of State by certified mail within 10 days
California Government Code Section 8206 requires a notary to notify the Secretary of State by certified mail within 10 days of discovering a lost or stolen journal.
Question 4: Can a California notary use a single journal entry to record a notarial act for multiple signers on the same document?
- Yes, one entry per document regardless of signers
- No, each signer must have a separate journal entry (Correct answer)
- Only if all signers have the same type of ID
- Only for real estate closings
Correct answer: No, each signer must have a separate journal entry
Each signer requires their own separate journal entry, even if multiple people sign the same document at the same notarization appointment.
Question 5: A notary notarizes a document but the signer requests the notary not record the act in the journal for privacy reasons. What should the notary do?
- Honor the request to protect the signer's privacy
- Refuse to omit the entry; journal recording is mandatory (Correct answer)
- Record a partial entry omitting the signer's name
- Consult the county clerk before deciding
Correct answer: Refuse to omit the entry; journal recording is mandatory
California law requires every notarial act to be recorded in the journal; a notary cannot omit entries at a signer's request, regardless of privacy concerns.
Question 6: Which of the following is a required element in a California notary journal entry?
- The signer's Social Security number
- The right thumbprint for deeds affecting real property (Correct answer)
- The document's full legal description
- The names of all witnesses to the signing
Correct answer: The right thumbprint for deeds affecting real property
California requires the signer's right thumbprint to be recorded in the journal for deeds or other documents affecting real property, as an additional fraud deterrent.
CA Notary Notary Journal and Record Keeping 2
What must a California notary do with their journal when their commission expires?