Notary Journal and Record-Keeping Flashcards

What happens to a Massachusetts notary's journal if the notary dies while still commissioned?

Answer: The notary's estate should retain it or transfer it to the county probate court

Upon a notary's death, their estate is responsible for the journal, and it may need to be submitted to probate court if required.

Is a Massachusetts notary required to allow a member of the public to inspect their journal?

Answer: No, the journal is the notary's private record

A notary's journal is a private professional record; there is no general right for the public to demand inspection.

Should a Massachusetts notary record the thumbprint of a signer in their journal?

Answer: It is an optional best practice for high-value or high-risk documents

Recording a thumbprint is an optional but useful additional safeguard for significant transactions where identity fraud is a concern.

What is a sequential journal entry number used for?

Answer: To uniquely identify each notarial act and prevent tampering with the order of entries

Sequential numbering of entries makes it obvious if pages are removed or entries are inserted, protecting the integrity of the journal.

If a Massachusetts notary's journal is lost or stolen, what should they do?

Answer: Report the loss to local law enforcement and consider notifying the Secretary of State

Reporting a lost or stolen journal to law enforcement protects the notary and potential victims if the journal is misused for fraud.

Can a notary's employer legally require the notary to keep their journal at the employer's office?

Answer: No, the journal always belongs to the notary personally

The notary journal belongs to the notary personally, not to the employer, because notarial authority is an individual public commission.