WV Notary Notary Journal and Record Keeping 3 — Questions and Answers
Question 1: A notary's employer demands to keep the notary's journal when the notary resigns from the job. What should the notary do?
- Retain the journal, because it is the notary's own record of official acts (Correct answer)
- Surrender the journal, because the employer paid for it
- Destroy the journal to avoid the dispute
- Split the journal, leaving pages for acts done at work
Correct answer: Retain the journal, because it is the notary's own record of official acts
The journal is the notary's personal record of official acts and should stay with the notary when employment ends.
Question 2: What is the generally recommended minimum retention period for a notary journal after the last entry or commission expiration?
- At least ten years, since documents may be challenged long after signing (Correct answer)
- Thirty days
- Six months
- Until the next commission renewal only
Correct answer: At least ten years, since documents may be challenged long after signing
Because notarized documents can be contested many years later, retaining the journal for ten years or more is the common recommendation.
Question 3: Which of the following should a notary record about how a signer was identified?
- The type of identification presented, such as a driver's license, without copying sensitive numbers in full (Correct answer)
- A photocopy of the signer's entire wallet contents
- The signer's mother's maiden name
- Nothing, since identification is not part of the record
Correct answer: The type of identification presented, such as a driver's license, without copying sensitive numbers in full
Noting the method or type of identification documents how identity was verified without exposing sensitive data.
Question 4: A notary discovers their journal has been stolen. What is the most appropriate first response?
- Report the loss promptly, such as to the commissioning authority and in a written record, and start a new journal (Correct answer)
- Recreate all past entries from memory in a new book
- Continue notarizing without any journal and tell no one
- Ask signers to re-sign old documents
Correct answer: Report the loss promptly, such as to the commissioning authority and in a written record, and start a new journal
A lost or stolen journal should be reported and documented promptly, and the notary should begin a new journal rather than reconstructing entries from memory.
Question 5: Why should a notary keep only one active journal at a time?
- A single chronological record prevents gaps and duplicate sequences that undermine credibility (Correct answer)
- Multiple journals are cheaper to maintain
- State law requires a separate journal per employer
- Signers prefer choosing which journal to appear in
Correct answer: A single chronological record prevents gaps and duplicate sequences that undermine credibility
One active journal preserves an unbroken chronological sequence, which is central to the record's reliability.
Question 6: A signer refuses to let the notary record any details about the transaction in the journal. What is the notary's best course of action?
- Explain the journal's purpose and decline to notarize if the signer will not permit a proper record (Correct answer)
- Perform the notarization with no entry
- Record false details to satisfy the signer
- Have the signer write the entry instead
Correct answer: Explain the journal's purpose and decline to notarize if the signer will not permit a proper record
If a signer will not allow proper record keeping, the notary may decline the act rather than perform it without documentation.
Question 7: Which detail about the document itself belongs in a journal entry?
- A brief description, such as the document title or type and its date (Correct answer)
- A complete photocopy pasted into the journal
- The document's confidential financial terms
- Nothing about the document may be recorded
Correct answer: A brief description, such as the document title or type and its date
A short description like the document type and date identifies the act without reproducing confidential content.
WV Notary Notary Journal and Record Keeping 3
A notary's employer demands to keep the notary's journal when the notary resigns from the job.
What should the notary do?