IN Notary Indiana Notary Journal Requirements 1 — Questions and Answers
Question 1: Is an Indiana notary required by state law to maintain a notarial journal?
- Yes, all Indiana notaries must maintain a journal as required by statute (Correct answer)
- No, journals are optional in Indiana and only recommended as best practice
- Yes, but only for notaries who perform more than 50 acts per year
- No, the notarial certificate on the document itself serves as the official record
Correct answer: Yes, all Indiana notaries must maintain a journal as required by statute
Indiana law requires notaries to maintain a journal recording each notarial act they perform.
Under Indiana Code 33-42-11, Indiana notaries public are required to maintain a journal in which they record every notarial act they perform. The journal serves as an independent record of notarial activity, separate from the documents themselves. This requirement protects both the notary and the public by creating a contemporaneous record that can be used to verify whether a notarization occurred and under what circumstances. Unlike some states where journals are optional, Indiana mandates them.
Question 2: What information must an Indiana notary record in their journal for each notarial act?
- Only the date and the type of act performed
- The date, time, type of act, name of signer, description of document, and method of identification (Correct answer)
- The signer's Social Security number, address, and the notary's commission number
- Only the signer's name and signature — other details are optional
Correct answer: The date, time, type of act, name of signer, description of document, and method of identification
Indiana journal entries must include the date, time, type of notarial act, signer's name, document description, and identification method used.
Indiana Code 33-42-11 requires that each journal entry include: (1) the date and time of the notarial act; (2) the type of notarial act performed; (3) the title or description of the document or proceeding; (4) the name and address of each signer; (5) the method of identification used; and (6) the fee charged, if any. These elements together create a complete record of the notarization. The notary may also include additional information such as any unusual circumstances or the signer's initials or thumbprint.
Question 3: In what format may an Indiana notary maintain their notarial journal?
- Only in a bound paper journal — electronic formats are not permitted
- Only in electronic format approved by the Secretary of State
- Either a bound paper journal or an electronic journal that meets state requirements (Correct answer)
- In any format the notary prefers, including loose-leaf binders or spreadsheets
Correct answer: Either a bound paper journal or an electronic journal that meets state requirements
Indiana permits notaries to maintain their journal in either a bound paper format or an approved electronic format.
Indiana Code 33-42-11 allows notaries to maintain their journal in either a tangible (paper) format or an electronic format. If using a paper journal, it should be a bound journal with numbered pages to prevent pages from being removed without detection. If using an electronic journal, it must be in a secure format that prevents unauthorized access or alteration. Remote online notaries must use electronic journals. The key requirement is that the journal accurately records the required information and is protected from tampering.
Question 4: How long must an Indiana notary retain their notarial journal after the final entry?
- 1 year
- 3 years
- 5 years
- 10 years (Correct answer)
Correct answer: 10 years
Indiana requires notaries to retain their journal for at least 10 years after the date of the last entry.
Indiana Code 33-42-11 requires that a notary public retain their notarial journal for at least 10 years after the date of the last notarial act recorded in the journal. This extended retention period ensures that records are available for potential future disputes, litigation, or investigations involving documents notarized years earlier. Many legal matters — particularly those involving real property, wills, and contracts — may not be contested until many years after execution, making long retention periods important.
Question 5: What should an Indiana notary do with their journal if their commission expires and they do not renew?
- Destroy the journal to protect signer privacy
- Submit the journal to the Indiana Secretary of State's office
- Retain the journal for the required 10-year period even after the commission expires (Correct answer)
- Transfer the journal to another active notary in their office
Correct answer: Retain the journal for the required 10-year period even after the commission expires
Even after a commission expires, the notary must retain the journal for the full 10-year retention period from the last entry.
An Indiana notary's obligation to retain their notarial journal for 10 years after the last entry does not end when the commission expires. The former notary must continue to store the journal securely for the full retention period. If the notary dies, the executor or legal representative should arrange for proper storage or transfer of the journal in accordance with Indiana law. Destroying the journal prematurely or transferring it inappropriately would violate the notary's recordkeeping obligations.
Question 6: When a person demands to inspect an Indiana notary's journal, who has the right to access it?
- Anyone who requests it, because the journal is a public record
- Only law enforcement officers and judges by subpoena
- Persons with a direct interest in a transaction recorded in the journal, or law enforcement with proper authority (Correct answer)
- Only the notary themselves — it is a strictly private record
Correct answer: Persons with a direct interest in a transaction recorded in the journal, or law enforcement with proper authority
Indiana journal access is limited to parties with a direct interest in the recorded transaction or authorized law enforcement — it is not a fully public record.
Indiana Code 33-42-11 addresses journal access. The notary's journal is not a fully public document open to anyone. Access may be provided to: (1) persons who have a direct interest in a notarial act recorded in the journal, such as the signer, parties to a transaction, or their legal representatives; and (2) law enforcement, courts, or other authorized public officials acting within their authority. The notary must safeguard the journal and not provide unrestricted public access, as journal entries contain personal information about signers that could be misused.
IN Notary Indiana Notary Journal Requirements 1
Is an Indiana notary required by state law to maintain a notarial journal?