MA Notary Notary Journal and Record-Keeping 1 — Questions and Answers
Question 1: Is a Massachusetts notary public required by statute to maintain a notary journal?
- Yes, it is mandatory under Massachusetts law
- No, a journal is optional but recommended (Correct answer)
- Only required for remote notarizations
- Only required for real estate documents
Correct answer: No, a journal is optional but recommended
Massachusetts law does not mandate a notary journal, though keeping one is strongly recommended as a best practice.
Question 2: What information should ideally be recorded in a Massachusetts notary's voluntary journal entry?
- Only the signer's name
- Date, type of notarial act, document type, signer identity, and fee charged (Correct answer)
- Only the document title and date
- Only the fee collected
Correct answer: Date, type of notarial act, document type, signer identity, and fee charged
A thorough journal entry should capture the date, notarial act type, document description, how identity was verified, and any fee charged.
Question 3: How long should a Massachusetts notary retain journal records as a best practice?
- 1 year
- 3 years
- 7 years (Correct answer)
- 10 years
Correct answer: 7 years
Best practice recommends retaining notary journal records for at least 7 years to cover most statutes of limitations.
Question 4: When a Massachusetts notary's commission expires, what should happen to their journal?
- It must be submitted to the Secretary of State
- It should be destroyed immediately
- It should be retained by the notary for reference (Correct answer)
- It must be submitted to the county clerk
Correct answer: It should be retained by the notary for reference
Upon expiration of a commission, the notary should retain their journal in case it is needed for future legal reference.
Question 5: Which detail about a signer's identity verification is most valuable to record in a notary journal?
- The signer's social security number
- The type of ID presented and its issuing authority (Correct answer)
- The signer's employer name
- The signer's telephone number
Correct answer: The type of ID presented and its issuing authority
Recording the type of identification and its issuing authority documents how the notary satisfied the identity verification requirement.
Question 6: If a notary's journal is subpoenaed, what must the notary do?
- Refuse to produce it citing privacy laws
- Produce it as required by the court order (Correct answer)
- Destroy the journal before compliance
- Redact all entries before producing it
Correct answer: Produce it as required by the court order
A notary must comply with a valid subpoena and produce their journal as ordered by the court.
Is a Massachusetts notary public required by statute to maintain a notary journal?