GA Notary Journaling and Record Keeping 3 — Questions and Answers
Question 1: A notary receives a subpoena requiring them to produce their journal as evidence in a civil lawsuit. What should the notary do?
- Destroy the journal to protect client confidentiality
- Consult an attorney and comply with the lawful subpoena (Correct answer)
- Refuse because notary records are always privileged
- Alter entries that might cause liability
Correct answer: Consult an attorney and comply with the lawful subpoena
A subpoena is a court order; the notary must comply with lawful legal process and should seek legal counsel regarding any confidentiality concerns.
Question 2: When a signer executes three separate documents at one appointment, how should journal entries be handled?
- One entry covers all three documents since it was one appointment
- A separate journal entry should be made for each document notarized (Correct answer)
- Only the most important document needs to be logged
- The entry is made in the name of the most valuable document
Correct answer: A separate journal entry should be made for each document notarized
Each notarial act is a separate act requiring its own journal entry, even when multiple acts are performed for the same signer on the same day.
Question 3: A notary wants to record a signer's fingerprint in the journal for a high-value real estate deed. If the signer refuses to provide one, what should the notary do?
- Refuse to notarize the document
- Note the refusal in the journal entry and proceed if all other requirements are met (Correct answer)
- Accept a verbal promise instead of the fingerprint
- Charge an extra fee and waive the fingerprint
Correct answer: Note the refusal in the journal entry and proceed if all other requirements are met
Fingerprints are a best-practice safeguard, not universally mandatory; the notary should note the refusal and may still proceed if proper ID and other requirements are satisfied.
Question 4: What is the commonly recommended minimum retention period for a completed notary journal in best-practice guidelines?
- 1 year after the last entry
- Until the notary's current commission expires
- At least 10 years after the last entry in the journal (Correct answer)
- 30 days after the journal is full
Correct answer: At least 10 years after the last entry in the journal
Best-practice guidelines typically recommend retaining journals for at least 10 years because legal disputes or fraud claims can arise long after a notarization.
Question 5: A notary discovers they forgot to fill in the fee amount in a journal entry made two weeks ago. What is the best course of action?
- Add the missing information in the original space with today's date and an explanation (Correct answer)
- Leave the entry unchanged since altering old entries is always prohibited
- Destroy the entry and re-create it with complete information
- Cross out the entire entry and write a new one
Correct answer: Add the missing information in the original space with today's date and an explanation
Adding omitted information with a notation of the date it was added and an explanation maintains accuracy while preserving the original entry's integrity.
Question 6: If a signer is unable to write their name and instead makes an 'X' mark on a document, what should the notary record in the journal?
- Nothing — a mark is not a valid signature requiring notarization
- Note that the signer used a mark and record the names of any witnesses to the mark (Correct answer)
- Record only the signer's printed name and omit mention of the mark
- Decline to notarize and request the signer return when able to sign
Correct answer: Note that the signer used a mark and record the names of any witnesses to the mark
When a signer uses a mark, the journal should record this fact along with witness information, as witnesses to the mark may be legally required.
Question 7: For a remote online notarization, what additional information should be captured in the journal compared to an in-person notarization?
- The signer's credit card number used to pay for the session
- The technology platform used and confirmation number for the recorded session (Correct answer)
- The signer's GPS coordinates at the time of signing
- A physical ink thumbprint mailed in within 48 hours
Correct answer: The technology platform used and confirmation number for the recorded session
Remote notarizations require documentation of the technology platform and session record to verify the audio-visual connection was properly established.
GA Notary Journaling and Record Keeping 3
A notary receives a subpoena requiring them to produce their journal as evidence in a civil lawsuit.
What should the notary do?