Notary Journal Requirements Flashcards

A Notary is completing a journal entry for an acknowledgment on a deed of trust. Which of the following pieces of information is the Notary specifically prohibited from recording in their journal in some states, such as Texas and Montana?

Answer: The serial number from the signer's driver's license

To protect consumer privacy, some states like Texas and Montana explicitly prohibit Notaries from recording sensitive personal identification numbers, such as a driver's license or Social Security number, in the journal entry. While the method of identification (e.g., 'Driver's License') is required, the specific serial number is not and should be omitted in these states.

According to NNA recommended best practices, when is the ideal time to complete the journal entry for a notarization?

Answer: While the signer is present and before completing the notarial certificate

The NNA strongly recommends that the entire journal entry be completed while the signer is still present, and before the Notary completes, signs, and stamps the notarial certificate. This practice ensures that all required information, including the signer's signature in the journal, is captured before they leave and prevents the Notary from forgetting important details.

A Notary in a state that has not adopted specific journal guidelines asks for advice on what type of physical journal to use. Based on the Notary Public Code of Professional Responsibility and NNA recommendations, which of the following is the best choice?

Answer: A permanently bound journal with numbered pages

The NNA recommends that notaries use a journal with bound pages and chronological entries to prevent tampering, loss of pages, or unauthorized insertion/removal of entries. A permanently bound journal with numbered pages is considered the most secure and professional option for a physical record.

Which of the following statements is true regarding the ownership and custody of a Notary's journal?

Answer: The journal is the exclusive property of the Notary and must remain under their sole control, regardless of who paid for it.

A notary's journal is their exclusive property and must always be kept secure and under their personal control. Even if an employer paid for the commission and supplies, the journal belongs to the Notary. It should never be surrendered to an employer upon termination (though some state laws provide exceptions or specific procedures) and must be kept secure from access by others.

A signer appears before a Notary for the notarization of three separate documents, each requiring an acknowledgment. How should the Notary record this in their journal?

Answer: Create a separate and complete journal entry for each of the three notarizations.

Each notarial act requires its own distinct and complete journal entry. This ensures a clear and unambiguous record for each notarization performed. While some states may permit shortcuts like ditto marks for subsequent entries for the same signer, the NNA's best practice and the requirement in states with strict journal laws (like California) is to complete a full entry for every single act.

In a state where a journal is required, a member of the public requests a copy of a specific journal entry from a Notary's records. According to common state laws and NNA guidance, what is the Notary's responsibility?

Answer: Provide a certified copy of the specific line item requested, but not other entries on the page.

While the journal contains private information, it is also a public record of the Notary's official acts. Members of the public typically have a right to request a copy of a specific entry. The Notary's duty is to provide a certified copy of the requested entry only, protecting the privacy of other signers whose information may be on the same page. The Notary must never surrender control of the journal itself.