California Notary Journaling Best Practices

• The following study notes are based on the "2018 Notary News", published by the California Secretary of State

Importance of Journaling

• Accurately maintaining a notary public journal is crucial
• Auditors have found that a large number of journals contain errors
• Notary publics must document every notarial act in their journal
• The journal should only be used to chronologically record notarial acts as they are performed
• The journal should not be used as an appointment book for future notarial acts.

Maintaining an Accurate Journal

• Any member of the public can request a copy of a transaction from a notary public journal
• Must respond to the request within 15 business days of receipt, according to California Government Code sections 8206(c) and 8206.5
• A complete entry is necessary to provide a complete record of the notarial act.
• Each notarial act must be clearly indicated when notarizing multiple documents for a signer
• Hash marks, ditto marks, arrows, or lines are not sufficient for recording a complete notarial act.

Completing the Journal Line Item

• Each line item in the line must be complete
• Hash marks, ditto marks, arrows and lines omit valuable information from a notarial act
• Protect the public by documenting each notarial act

Date and Time of Official Act

• Date and time of the official act must be recorded for legal reasons and as proof if the journal is audited
• The date and time of the notarial act are only is recorded when the act is performed
• The date and time lines in the journal should not be used for recording future appointments

Type of Official Act

• The type of notarial act should not be confused with the type of document
• The type of act is the certificate form used, such as an acknowledgment or a jurat
• Only the type of certificate form the notary public uses should be entered in this category.
• Writing an abbreviation or acronym is discouraged.
• Prevents confusion as to the contents of the journal entry and notarial act.
• A journal entry with indecipherable abbreviations is useless if a person requests a copy of it.
• Capture the type of notarial act performed on every line item.

Character of Each Instrument

• The character refers to the type of document, such as a deed of trust, affidavit, deed of reconveyance, or power of attorney.
• Document type also indicates whether a thumb print must be captured
• Avoid generic terms like "loan docs" which are too general and not specific
• California Government Code section 8206(a)(2)(B) states the character of the instrument must be defined
• Each document's title or character should be recorded and a separate line used for each when multiple notarized signatures are on one document
• Capture each specific type of document for each notarial act, regardless of how many documents are notarized for a single signer.

Signature for Each Line Item

• The signature of the person who requested the notarial act is critical for handwriting analysis in investigations
• California Government Code section 8206(c) requires a signature for each line item
• A diagonal line through multiple entries with a single signature is incomplete and legally deficient
• Capture a signature on every line item for every notarial act.

When a Thumbprint is Necessary

• A signer must place their right thumbprint (or available fingerprint) in the journal if the document is:
  • a deed
  • quitclaim deed
  • deed of trust
  • document affecting real property
  • power of attorney document
• If the right thumb is unavailable, use the left thumb or any available finger, indicating in the journal which finger was used
• If the signer is physically unable to provide a fingerprint, provide an explanation of the signer's physical condition in the journal

Commission and Livelihood

• Ensure to document every required journaling element
• Be thorough and detailed.
• Capture the when, what, who, and how much on every single line item for every single notarial act.
• California Government Code section 8206 defines the required information for every journal entry.
• Failure to maintain notarial records appropriately may result in commission revocation, suspension, and civil penalties.
• Liable for failures to comply with the law through civil actions from improperly completed journals.