Notary Journal and Recordkeeping Flashcards

Under Montana law, how long must a notary retain the journal after the last entry or after resigning the commission?

Answer: 10 years

Montana requires the journal to be retained for 10 years after the last notarial act recorded in it.

If a Montana notary's journal is lost or stolen, the notary must:

Answer: Promptly notify the Secretary of State

Montana notaries must promptly notify the Secretary of State if the journal is lost or stolen.

A Montana notary is retiring and her commission is ending. What should she do with her journal?

Answer: Retain it for the required period or transmit it to an approved repository

On resignation or expiration, the notary must retain the journal for the retention period or transmit it to a repository approved by the Secretary of State.

Upon the death or adjudicated incompetency of a Montana notary, who is responsible for the journal?

Answer: The notary's personal representative or guardian, who must follow retention/transmission rules

The personal representative or guardian must retain or transmit the journal as required by law.

Who owns a Montana notary's journal when the notary performs notarizations as part of their job at a title company?

Answer: The notary personally

The journal is the exclusive property of the notary, not the employer, even if the employer paid for it.

A former employer demands a departing notary surrender her journal. The notary should:

Answer: Keep the journal, because it belongs to the notary alone

The journal remains the notary's property and must stay in the notary's exclusive control when employment ends.

Which practice best protects a Montana notary journal from unauthorized use?

Answer: Keeping it under the notary's exclusive control, such as in a locked drawer

The journal must remain under the notary's exclusive control, and secure storage such as a locked drawer accomplishes this.