OR Notary Notary Journal Recordkeeping 2 — Questions and Answers
Question 1: What should an Oregon notary do with their journal when their commission expires and they do not renew?
- Submit the journal to the Oregon Secretary of State
- Retain the journal for 10 years from the date of the last entry (Correct answer)
- Transfer the journal to a successor notary in their office
- Destroy the journal to protect signers' personal information
Correct answer: Retain the journal for 10 years from the date of the last entry
When a commission expires without renewal, the notary must retain their journal for 10 years from the date of the last entry.
Oregon does not require former notaries to submit their journals to the Secretary of State when a commission expires. Instead, the former notary must personally retain the journal for 10 years from the date of the last entry. This ensures the records remain accessible if needed for legal or investigative purposes. Destroying the journal would be improper even after the commission ends. If a former notary dies during the retention period, the journal should be preserved by their estate or transferred to the Secretary of State.
Question 2: If a signer refuses to allow the notary to record their information in the journal, what should the Oregon notary do?
- Proceed without making a journal entry to accommodate the signer
- Refuse to perform the notarial act if the signer will not permit the required journal entry (Correct answer)
- Make an abbreviated entry that does not identify the signer
- Note the signer's refusal and proceed with a partial entry
Correct answer: Refuse to perform the notarial act if the signer will not permit the required journal entry
Journal recordkeeping is a legal requirement in Oregon; if a signer refuses to allow the required entry, the notary must decline to perform the notarial act.
Oregon's journal requirement is mandatory — it is not optional or something the notary can waive at a signer's request. If a signer refuses to permit the required journal entry (for example, refusing to provide their name or allow the notary to record identification information), the notary has no choice but to refuse the notarial act. Performing a notarial act without completing the required journal entry would itself violate Oregon law. The notary should explain to the signer that journal recordkeeping is legally required.
Question 3: Must an Oregon notary record the fee charged in their journal entry?
- Only if the fee exceeds $25
- Yes — the fee charged (or notation that no fee was charged) must be included in the journal entry (Correct answer)
- No — fee information is not a required journal element
- Only for real estate-related notarial acts
Correct answer: Yes — the fee charged (or notation that no fee was charged) must be included in the journal entry
Oregon requires notaries to record the fee charged for each notarial act in their journal, or note that no fee was charged.
Oregon notary journal requirements include recording the fee charged for each notarial act. If no fee was charged, the notary should note this in the journal entry as well (e.g., 'no charge' or '$0'). Recording fees serves multiple purposes: it provides documentation of the notary's pricing practices, can assist in tax record-keeping, and demonstrates that the fee charged did not exceed the statutory maximum. This requirement applies to all notarial acts regardless of document type or fee amount.
Question 4: Is an Oregon notary required to provide a copy of a journal entry to a signer upon request?
- Yes — signers always have an unconditional right to a copy of their journal entry
- Yes — a signer may request a copy of the journal entry relating to a specific notarial act performed for them (Correct answer)
- No — journal entries are strictly confidential and cannot be shared with anyone
- Only if a court orders the notary to produce the entry
Correct answer: Yes — a signer may request a copy of the journal entry relating to a specific notarial act performed for them
Oregon law allows a signer to request a copy of the journal entry relating to a notarial act performed for them.
Under Oregon law, a person who was a party to a notarial act may request a copy of the journal entry relating to that act. The notary must provide a certified copy of the entry upon such request. This right is limited to the person's own notarial act record — the signer does not have the right to view other entries in the journal. Journal entries remain confidential from third parties not involved in the specific act. The notary may charge a reasonable fee for providing copies.
Question 5: What format is required for an Oregon notary's paper journal?
- A bound book with pre-numbered pages (Correct answer)
- Any notebook, including loose-leaf binders
- An official form purchased from the Secretary of State
- A three-ring binder with removable pages
Correct answer: A bound book with pre-numbered pages
Oregon notary rules require a paper journal to be a permanently bound book with pre-numbered pages to prevent tampering or removal of entries.
Oregon requires that a notary's paper journal be a permanently bound book with consecutively pre-numbered pages. This format prevents tampering — pages cannot be removed, added, or rearranged without detection. Loose-leaf binders or removable-page notebooks do not provide the same tamper-resistance and are not acceptable for Oregon notary journals. The bound format also ensures that entries remain in chronological order, which is important for verifying the sequence of notarial acts.
Question 6: A person claims to be a law enforcement officer and demands an Oregon notary's journal without presenting a warrant or subpoena. What is the correct response?
- Immediately surrender the journal to maintain good relations with law enforcement
- Politely decline to surrender the journal without proper legal process and explain the law (Correct answer)
- Destroy the journal to protect the signers' privacy
- Allow viewing of the journal but not removal of it
Correct answer: Politely decline to surrender the journal without proper legal process and explain the law
Without valid legal process such as a warrant or subpoena, a notary is not required to surrender their journal to law enforcement.
Oregon notary journals contain confidential personal information about signers and are protected records. A notary is not required to surrender their journal to anyone, including a law enforcement officer, without valid legal process such as a warrant, court order, or subpoena. The notary should politely but firmly decline and explain that their records are confidential under Oregon law. The notary may wish to consult an attorney. If presented with proper legal process later, the notary should comply. Surrendering the journal without legal authority could expose the notary to liability for breaching signers' privacy.
OR Notary Notary Journal Recordkeeping 2
What should an Oregon notary do with their journal when their commission expires and they do not renew?