Notary Journals

As a notary public, your notary journal is one of the most important tools you have to protect yourself and your clients. Accurate and detailed notary journal entries can be used to resolve legal disputes about a transaction that you notarized and can give you the confidence to testify under oath about any notarial act that you performed.

Keeping a consistent notary record book is the single best thing a notary can do to protect himself against allegations of misconduct. A good notary journal will include the date and time of the notarization, the type of notarial act, the name, address, signature and type of identification of the signer, and any other important notes. Even in states where a notary record book isn't required, its use is universally recommended.

For a long time, notaries have relied on paper journals to keep track of their records. While this method is tried-and-true, compared to electronic record keeping, it does have its downsides.

Most notary journals contain a space for placing an impression of the signer's thumbprint, but is taking a thumbprint a good idea?

All states should require notary journals, but they don't. Texas requires them, but New Mexico doesn't, though they encourage their notaries to use them. I couldn't imagine not keeping a record of the notarial transactions I performed. Not only does recordkeeping deter fraud, but it also serves as a memory jogger and a means to cover your tracks while providing a paper trail.

Notaries public have access to many items of personal information in order to do a proper job of notarizing. We have to see the entire document to make sure the signer is able to freely and willingly sign. We have to briefly review the document to gather some specifics to record in our notary journals. We have to examine the satisfactory evidence presented that establishes the identity of the signer and record details of that evidence in our journals. Other specific information about the circumstances of the notarization (as covered in other articles in this series) has to be written into the journal as well.

There are three primary types of notary journals. One has minimal space per entry; one has more generous space per entry but fewer entries per page; and one is designed for notary signing agents and has frequently-seen real estate documents pre-listed in it. Each of these three types can be found in paperback or hardback. Which type you choose is your decision. It is important to see a sample page of the journal before you buy it, as you will be using it for some time.

Almost no one likes to do paperwork, especially if they don't have to do it. So, if you tell them that paperwork is not required, most people will be happy to believe you and skip it. When it comes to the notary journal, skipping the paperwork is not an option. Keeping a notary journal is required for the following reasons:

A document signer expects a notary not only to exercise reasonable care in notarizing his or her signature on a document, but also to be able to show evidence, often years after the date of the act, that the notarization was performed in accordance with proper notarial procedures.

If passed, either of two bills that were filed with Florida legislative bodies at the end of 2013 will significantly update Florida notary laws to include the requirement of keeping a journal of notary acts. The new law would go into effect on July 1, 2014.

The notary is a public officer and, as such, is required to comply with any reasonable request for notarization. Whether you are a notary with your own notary signing service or an employee notary, it is a good idea to keep essential notary supplies with you at all times so that you may be ready to adequately and efficiently serve the public upon request.

The notary's best defense is the notary record book, or notary journal. Some states require notaries to keep a notary record book and some states do not; however, all notaries are encouraged to keep a journal of every notarial act.

As of April 22, 2007 Texas notaries public are forbidden from recording identification card numbers in their notary record books.