WV Notary Notary Journal and Record Keeping 2 — Questions and Answers
Question 1: Under West Virginia law, is a paper notary journal required for standard paper notarizations?
- It is not required by statute, but it is strongly recommended as a best practice (Correct answer)
- It is required for all notarizations without exception
- It is required only for acknowledgments
- It is required only when the fee exceeds $5
Correct answer: It is not required by statute, but it is strongly recommended as a best practice
West Virginia does not statutorily require a journal for traditional notarizations, but keeping one is a widely recommended best practice for legal protection.
Question 2: Which of the following pieces of information is most appropriate to record in a notary journal entry?
- The date and type of notarial act performed (Correct answer)
- The signer's full Social Security number
- The signer's bank account number
- The full text of the document being notarized
Correct answer: The date and type of notarial act performed
A journal entry should capture the date and type of act, not sensitive identifiers like Social Security or account numbers.
Question 3: A signer asks a West Virginia notary why the notary is writing details in a journal. What is the best explanation?
- The journal creates evidence that the notarization was performed properly, protecting both the signer and the notary (Correct answer)
- The journal is sold to marketing companies
- The journal is required by the signer's bank
- The journal replaces the notarial certificate on the document
Correct answer: The journal creates evidence that the notarization was performed properly, protecting both the signer and the notary
A journal serves as contemporaneous evidence of a properly performed notarization, which protects both parties if the act is later challenged.
Question 4: How should a notary record a notarization that was refused because the signer appeared to be coerced?
- Note the refusal and the reason in the journal entry (Correct answer)
- Make no record at all since no act was completed
- Complete the certificate anyway but mark it void
- Record it as a completed acknowledgment
Correct answer: Note the refusal and the reason in the journal entry
Documenting refusals and the reasons for them creates a protective record showing the notary acted properly.
Question 5: Which journal format best protects against tampering?
- A bound book with consecutively numbered pages (Correct answer)
- A loose-leaf binder with removable pages
- Sticky notes kept in a folder
- Separate index cards for each act
Correct answer: A bound book with consecutively numbered pages
A bound journal with numbered pages makes it evident if any entry or page has been removed or altered.
Question 6: A West Virginia notary performs five notarizations in one day. How should the journal entries be made?
- Chronologically, at the time of each notarization (Correct answer)
- All at once at the end of the month
- Only for the acts the notary considers important
- In whatever order is convenient, weeks later
Correct answer: Chronologically, at the time of each notarization
Entries should be made contemporaneously and in chronological order so the journal is a reliable real-time record.
Question 7: Who is the proper custodian of a notary's journal?
- The notary personally, even if the employer paid for the commission (Correct answer)
- The notary's employer, since it owns the notary's work product
- The county clerk during the commission term
- The signer of the most recent document
Correct answer: The notary personally, even if the employer paid for the commission
The journal belongs to the notary as the record of their official acts, regardless of who paid for the commission or supplies.
WV Notary Notary Journal and Record Keeping 2
Under West Virginia law, is a paper notary journal required for standard paper notarizations?