RI Notary Recordkeeping and Documentation 2 — Questions and Answers
Question 1: Under Rhode Island law, what is the status of keeping a notary journal?
- It is not legally required but is strongly recommended as a best practice (Correct answer)
- It is mandatory for all notarial acts
- It is required only for real estate closings
- It is prohibited for privacy reasons
Correct answer: It is not legally required but is strongly recommended as a best practice
Rhode Island does not mandate a journal, but the Standards of Conduct recommend keeping one to document notarial acts.
Question 2: A Rhode Island notary keeps a journal voluntarily. Which entry detail provides the strongest evidence if a notarization is later challenged?
- The date, type of act, document description, and how the signer was identified (Correct answer)
- Only the signer's phone number
- A photocopy of the entire document
- The notary's personal opinion of the signer
Correct answer: The date, type of act, document description, and how the signer was identified
Recording the date, act type, document, and identification method creates a reliable evidentiary record of the notarization.
Question 3: What information must a Rhode Island notarial certificate include to be complete?
- The venue, date, notary's signature, and notary's title, with commission expiration as required (Correct answer)
- Only the notary's signature
- The signer's Social Security number
- The fee charged for the act
Correct answer: The venue, date, notary's signature, and notary's title, with commission expiration as required
A complete certificate identifies the jurisdiction (venue), date of the act, and the notary's signature and official title.
Question 4: A signer asks a Rhode Island notary to backdate a certificate to match a contract date. What should the notary do?
- Refuse, because the certificate must show the actual date of the notarial act (Correct answer)
- Backdate it if the signer signs a waiver
- Backdate it by no more than 30 days
- Leave the date blank for the signer to fill in
Correct answer: Refuse, because the certificate must show the actual date of the notarial act
A notarial certificate must truthfully state the date the act was actually performed; backdating is falsification.
Question 5: Why should a Rhode Island notary record the method of identifying a signer in a journal entry?
- It documents that the notary verified identity, which protects against later fraud claims (Correct answer)
- It allows the notary to reuse the ID for future notarizations
- It is required to charge a higher fee
- It lets the notary skip identification next time
Correct answer: It documents that the notary verified identity, which protects against later fraud claims
Noting the identification method proves the notary exercised due diligence if the signer's identity is later disputed.
Question 6: A Rhode Island notary discovers a certificate was completed with the wrong county in the venue. What is the proper correction method?
- The notary corrects it, initials the change, or completes a new certificate (Correct answer)
- The signer crosses it out and initials it
- Anyone at the office may fix it with white-out
- The error must stay uncorrected permanently
Correct answer: The notary corrects it, initials the change, or completes a new certificate
Only the notary may correct their own certificate, by lining through, initialing, or attaching a corrected certificate.
Question 7: What should a Rhode Island notary do with journal records if they voluntarily keep a journal and their commission ends?
- Retain the journal securely for a reasonable period in case records are requested (Correct answer)
- Immediately shred all records
- Mail the journal to every past signer
- Post the journal contents publicly
Correct answer: Retain the journal securely for a reasonable period in case records are requested
Retaining journal records after commissioning ends preserves evidence for any future disputes or legal requests.
RI Notary Recordkeeping and Documentation 2
Under Rhode Island law, what is the status of keeping a notary journal?