IN Notary Indiana Notary Journal Requirements 2 — Questions and Answers
Question 1: An Indiana notary performs 5 notarial acts in one session for different documents but the same signer. How should the journal entries be made?
- One combined journal entry is sufficient for all acts in a single session
- A separate journal entry must be made for each individual notarial act (Correct answer)
- Only the first and last acts need entries if the signer is the same
- A summary entry at the end of the day is sufficient
Correct answer: A separate journal entry must be made for each individual notarial act
Indiana requires a separate journal entry for each individual notarial act, even if multiple acts are performed for the same signer in the same session.
Under Indiana Code 33-42-11, each notarial act must have its own journal entry. Performing multiple notarial acts — whether for the same or different signers — requires a separate journal entry for each act. This is because each act involves a specific document, a specific type of act, and specific facts that must be independently recorded. Combining entries for multiple acts into one would obscure the individual details required by law and could impair the journal's usefulness as an accurate contemporaneous record.
Question 2: A signer requests that the notary not record the notarial act in the journal to protect their privacy. What must the notary do?
- Honor the request since signer privacy is a priority
- Decline to record if the signer signs a privacy waiver
- Refuse to honor the request and make the journal entry as required by law (Correct answer)
- Consult with an attorney before deciding whether to honor the request
Correct answer: Refuse to honor the request and make the journal entry as required by law
Journal entries are required by law and the notary may not skip them at a signer's request — the legal obligation overrides signer preferences.
Indiana Code 33-42-11 mandates that notaries record each notarial act in their journal. This is a statutory requirement that exists to protect the integrity of the notarial process and to provide an independent record. No signer has the authority to waive this requirement or direct the notary to skip it. If a notary fails to make a journal entry at a signer's request, the notary violates Indiana law. The notary should explain that the journal entry is legally required but that access to the journal is restricted and not open to the general public.
Question 3: What should an Indiana notary do if they discover an error in a journal entry after it has been made?
- Erase or white-out the incorrect information and write the correction
- Draw a single line through the error, write the correction, date it, and initial it (Correct answer)
- Destroy the page and re-create the entry on a new page
- Leave the error uncorrected to preserve the original record
Correct answer: Draw a single line through the error, write the correction, date it, and initial it
Corrections should be made by drawing a single line through the error, then writing the correct information with the date and the notary's initials — never by erasing.
When an Indiana notary discovers an error in a journal entry, the proper correction method is to draw a single line through the erroneous information — so it remains legible — write the correct information nearby, and add the date of correction and the notary's initials. This method preserves the original entry (which may be important evidence) while clearly indicating the correction. Erasing, using white-out, or destroying pages is unacceptable and could constitute falsification of records. The goal is a transparent, auditable correction.
Question 4: If an Indiana notary's journal is lost or stolen, what action should they take?
- Simply start a new journal — no notification is required
- Notify the Indiana Secretary of State promptly about the loss
- Notify local law enforcement and the Indiana Secretary of State promptly (Correct answer)
- Wait 30 days to see if it turns up before taking any action
Correct answer: Notify local law enforcement and the Indiana Secretary of State promptly
A notary whose journal is lost or stolen should promptly notify both local law enforcement and the Indiana Secretary of State.
A lost or stolen notarial journal represents a significant security concern because it contains personal information about signers and records of legal transactions that could be misused. An Indiana notary must promptly notify local law enforcement (to report the theft or loss) and the Indiana Secretary of State's office. Prompt notification allows authorities to be alerted to potential fraud and creates an official record of the loss. The notary should then begin a new journal for subsequent notarizations.
Question 5: Must an Indiana notary record the fee charged (or that no fee was charged) in the notarial journal?
- Yes, the fee charged or that the act was performed for free must be recorded in the journal (Correct answer)
- No, fee information is optional and need not be in the journal
- Yes, but only if the fee exceeds $5
- No, fee records are kept separately from the journal
Correct answer: Yes, the fee charged or that the act was performed for free must be recorded in the journal
Indiana's journal requirements include recording the fee charged for each act, or noting that no fee was charged.
Indiana Code 33-42-11 requires that journal entries include the fee charged for the notarial act, or a notation that no fee was charged. Recording fee information serves multiple purposes: it creates an accountability record, helps establish that the notary did not charge above the statutory maximum, and provides documentation if fee-related disputes arise. If the notary waived the fee (as is common for employer-directed notarizations), the journal should reflect 'no fee charged' or '$0' rather than leaving the field blank.
Question 6: An Indiana notary performs a notarial act and then realizes they forgot to make the journal entry. The notary remembers all the details. May they make a late journal entry?
- No, journal entries must be made simultaneously with the notarial act — late entries are not allowed
- Yes, the notary should make the entry as soon as possible, clearly noting it is a late entry with the date made (Correct answer)
- Yes, and the entry should be backdated to the date of the act with no notation
- No, the notarial act must be repeated if the journal entry was omitted
Correct answer: Yes, the notary should make the entry as soon as possible, clearly noting it is a late entry with the date made
The notary should make the entry as soon as possible and clearly indicate it is a late entry, never backdating to imply it was made contemporaneously.
While contemporaneous journal entries are ideal and expected, an Indiana notary who inadvertently omits an entry may make a late entry as soon as they realize the omission. The late entry must be clearly marked as such — including the actual date the entry was made — and should not be backdated to imply it was made at the time of the notarization. Backdating a journal entry to make it appear contemporaneous when it was not would constitute falsification of records. The notary should record all required information they can recall and note any limitations on their recollection.
IN Notary Indiana Notary Journal Requirements 2
An Indiana notary performs 5 notarial acts in one session for different documents but the same signer.
How should the journal entries be made?