WI Notary Notary Journal and Record Keeping 2 — Questions and Answers
Question 1: What should a Wisconsin notary do with their journal if they resign or their commission is not renewed?
- Retain and secure it for the recommended retention period (Correct answer)
- Submit it to the Department of Financial Institutions
- Shred it immediately
- Give it to their last employer
Correct answer: Retain and secure it for the recommended retention period
Even after a commission ends, the notary should keep their journal for the recommended retention period in case a past notarization is questioned.
Question 2: Should a Wisconsin notary record the fee charged for a notarial act in their journal?
- Yes, recording the fee is recommended practice (Correct answer)
- No, fees are never recorded
- Only if the fee exceeds $25
- Only for commercial transactions
Correct answer: Yes, recording the fee is recommended practice
Recording fees is a recommended journal practice in Wisconsin to document compliance with fee limits and support accountability.
Question 3: In Wisconsin, should a notary make a journal entry for each individual document notarized in a multi-document signing?
- Yes, each separate notarial act should have its own entry (Correct answer)
- No, one entry covers all documents in a signing
- Only if the documents are for different parties
- Only if requested by the signer
Correct answer: Yes, each separate notarial act should have its own entry
Best practice is to record each notarial act separately, even if multiple documents are notarized in a single session for the same person.
Question 4: Can a Wisconsin notary's journal be subpoenaed as evidence in a court proceeding?
- Yes, a journal can be subpoenaed by a court (Correct answer)
- No, notary journals are privileged and protected
- Only if the notary consents
- Only in federal court, not state court
Correct answer: Yes, a journal can be subpoenaed by a court
A notary's journal is not protected by privilege and can be subpoenaed as evidence in legal proceedings.
Question 5: What should a Wisconsin notary write in their journal if a signer refused to complete the notarization?
- Note the attempted act, the signer's name, and the reason for refusal if known (Correct answer)
- Leave the entry blank
- Write 'cancelled' with no details
- Do not make any entry for incomplete acts
Correct answer: Note the attempted act, the signer's name, and the reason for refusal if known
Documenting attempted but incomplete notarizations protects the notary from later claims that the act was improperly performed.
Question 6: Should Wisconsin notaries keep a separate journal for remote online notarizations?
- A separate electronic journal is recommended for remote acts (Correct answer)
- No, all acts go in one paper journal
- Remote acts require no journal
- The audio-visual recording replaces the journal
Correct answer: A separate electronic journal is recommended for remote acts
For remote online notarizations, an electronic journal specifically designed for those acts is recommended alongside the required audio-visual recording.
WI Notary Notary Journal and Record Keeping 2
What should a Wisconsin notary do with their journal if they resign or their commission is not renewed?