Free IL-Notary Notary Journal Record-Keeping Standards Questions and Answers 1 — Questions and Answers
Question 1: In Illinois, for which type of notarial act is a notary PUBLIC required by law to keep a journal record?
- For all notarial acts.
- Only for real estate transactions.
- For any notarization involving an electronic signature or document. (Correct answer)
- For acknowledgments and jurats on paper documents.
Correct answer: For any notarization involving an electronic signature or document.
While keeping a journal for all acts is a best practice, Illinois law specifically mandates it for notaries who perform electronic notarizations. For traditional paper notarizations, a journal is strongly recommended but not required by law for a standard notary public.
Question 2: If an Illinois notary chooses to maintain a journal for paper notarizations, what is the most important reason for doing so?
- To track income for tax purposes.
- To serve as credible evidence in case a notarization is questioned or challenged. (Correct answer)
- To meet a requirement for renewing their commission.
- To create a mailing list of clients.
Correct answer: To serve as credible evidence in case a notarization is questioned or challenged.
A notary journal is the notary's official record of their acts and serves as powerful evidence to protect both the public and the notary. If a notarization is ever challenged in court, a properly maintained journal can prove the act was performed correctly.
Question 3: Which of the following pieces of information is considered essential to include in a notary journal entry?
- The signer's phone number.
- The signer's occupation.
- The name of the person who referred the signer.
- The fee charged for the notarial act. (Correct answer)
Correct answer: The fee charged for the notarial act.
A complete journal entry should include key details of the notarization. This includes the date, type of act, document type, signer's name and signature, how the signer was identified, and the fee charged for the service.
Question 4: How should an Illinois notary secure their journal?
- It must be filed with the county clerk's office annually.
- It must be kept in a secure, locked area under the exclusive control of the notary. (Correct answer)
- It can be left in a public area of the notary's office for easy access.
- It can be shared with other notaries in the same office.
Correct answer: It must be kept in a secure, locked area under the exclusive control of the notary.
The notary journal contains sensitive, personally identifiable information about signers. It is the notary's personal property and responsibility, and must be kept in a secure location where only the notary has access to prevent unauthorized viewing or theft.
Question 5: A signer requests a copy of a journal entry for a notarization you performed for them six months ago. According to best practices, what should you do?
- Refuse the request, as the journal is confidential.
- Give them the entire original journal to look through.
- Provide a certified copy of the line item entry pertaining to their specific transaction. (Correct answer)
- Provide a copy of the entire page, including entries for other signers.
Correct answer: Provide a certified copy of the line item entry pertaining to their specific transaction.
The signer has a right to a copy of the entry for their own transaction. The notary should provide a copy of only that specific entry, protecting the privacy of other individuals whose notarizations are recorded on the same page.
Question 6: If an Illinois notary who performs electronic notarizations ceases to be a notary, what must they do with their electronic journal?
- Delete the journal to protect privacy.
- Transmit it to the Illinois Secretary of State or an approved repository. (Correct answer)
- Transfer it to another notary in their office.
- Print a hard copy and store it for one year.
Correct answer: Transmit it to the Illinois Secretary of State or an approved repository.
Illinois law has specific requirements for the disposition of electronic journals. Upon resignation, revocation, or expiration of their commission, the notary must transmit the journal to the Secretary of State or a designated repository to ensure the records are preserved.
In Illinois, for which type of notarial act is a notary PUBLIC required by law to keep a journal record?