CA Notary Notary Journal and Record Keeping 1 — Questions and Answers
Question 1: Is a California notary public required to maintain a sequential journal of all notarial acts?
- No, a journal is optional
- Yes, it is mandatory under California Government Code (Correct answer)
- Only for real property documents
- Only if the notary is self-employed
Correct answer: Yes, it is mandatory under California Government Code
California Government Code Section 8206 mandates that every notary public maintain a sequential journal of all official notarial acts.
Question 2: What type of journal must a California notary use?
- Any bound or loose-leaf notebook
- A bound sequential journal with permanent, non-erasable ink (Correct answer)
- A digital electronic log
- Any format approved by the county clerk
Correct answer: A bound sequential journal with permanent, non-erasable ink
California requires notaries to keep a bound sequential journal and record entries in ink that cannot be easily erased.
Question 3: How long must a California notary retain their journal after their commission expires or is terminated?
- 1 year
- 3 years
- 5 years
- 10 years (Correct answer)
Correct answer: 10 years
California requires notaries to retain their journal for 10 years after the last act recorded in it, even after the commission ends.
Question 4: What must a California notary record in their journal for every notarial act?
- Only the type of document
- Date, time, type of act, document date, signature, type of ID, and fee charged (Correct answer)
- Only the signer's name and the fee
- Only the document type and the notary's signature
Correct answer: Date, time, type of act, document date, signature, type of ID, and fee charged
California law requires the journal to include the date and time of the act, the type of notarial act, the document type and date, the signer's signature, the type of ID used, and the fee charged.
Question 5: What should a California notary do if a signer refuses to sign the notary's journal?
- Proceed with the notarization anyway
- Refuse to perform the notarial act (Correct answer)
- Note the refusal in the journal and proceed
- Contact the Secretary of State before proceeding
Correct answer: Refuse to perform the notarial act
If a signer refuses to sign the notary's journal, the notary must refuse to perform the notarial act, as the journal signature is required by California law.
Question 6: May a California notary allow their employer to access or retain their notary journal?
- Yes, employers have full rights to the journal
- No, the journal belongs solely to the notary and the employer has no legal right to it (Correct answer)
- Only during the employment period
- Only if allowed by a court order
Correct answer: No, the journal belongs solely to the notary and the employer has no legal right to it
The notary journal is the personal property of the notary public; employers have no legal right to access, retain, or copy the journal.
CA Notary Notary Journal and Record Keeping 1
Is a California notary public required to maintain a sequential journal of all notarial acts?