Notary Public Journal Requirements

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Questions and Answers

According to the Notary Handbook, where must a notary public keep their journal?

  • In a filing cabinet at their place of employment.
  • In any location that is convenient for immediate access.
  • At the county clerk's office.
  • In a locked and secured area under the direct and exclusive control of the notary public. (correct)

A notary public is required to keep multiple active sequential journals at a time.

False (B)

If a notary journal is lost or stolen, what state authority must the notary notify?

Secretary of State

If a document to be notarized affects real property, the notary public shall require the party signing the document to place his or her right ______ in the journal.

<p>thumbprint</p> Signup and view all the answers

What information should be included when notifying the Secretary of State that a notary journal has been lost or stolen?

<p>The periods of journal entries, the notary public commission number, the commission expiration date, and, when applicable, a photocopy of the police report. (D)</p> Signup and view all the answers

Upon termination of employment, a notary public must surrender the sequential journal to their employer if the employer paid for the journal.

<p>False (B)</p> Signup and view all the answers

Within how many business days must a notary public respond to a written request for a copy of a journal transaction?

<p>15</p> Signup and view all the answers

Within ______ days from the date the notary public commission is no longer valid, the notary public must deliver all notarial journals, records and papers to the county clerk’s office where the oath is on file.

<p>30</p> Signup and view all the answers

What constitutes 'satisfactory evidence' for identifying a person making an acknowledgment or taking an oath or affirmation?

<p>Paper identification, a single credible witness, or two credible witnesses. (C)</p> Signup and view all the answers

A notary public may relinquish their journal to law enforcement without a court order.

<p>False (B)</p> Signup and view all the answers

What is the maximum amount a notary public can charge for providing a photostatic copy of a line item from the notary public’s journal?

<p>$0.30</p> Signup and view all the answers

A notary public is guilty of a ______ if the notary public willfully fails to properly maintain the notary public’s journal.

<p>misdemeanor</p> Signup and view all the answers

Match the action with the consequence:

<p>Willfully failing to properly maintain the journal = Guilty of a misdemeanor Willfully failing to deliver notarial journals to the county clerk after commission expires = Guilty of a misdemeanor and personally liable for damages</p> Signup and view all the answers

A person is physically unable to provide a thumb or fingerprint for the journal, which of the following should the notary public do?

<p>Indicate the physical condition in the journal and proceed with the notarization. (A)</p> Signup and view all the answers

What happens to notarial journals, records, and papers delivered to the Secretary of State?

<p>Returned to the sender</p> Signup and view all the answers

Flashcards

Notary Public Journal

A chronological record of all notarial acts performed by a notary public.

Journal Security

The journal must be kept in a locked and secured area under the direct and exclusive control of the notary public.

Journal Entry Requirements

Date, time, and type of act, character of instrument, signatures, satisfactory evidence of identity, fee charged, and thumbprint (if applicable).

Information Recorded for Paper Identification

Type of identifying document, issuing agency, serial/identifying number, and issue/expiration date.

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Info Recorded if Using a Credible Witness

The notary must include the signature of the credible witness or the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document establishing the identity of the credible witness.

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When is a Thumbprint Required?

Required for deeds, quitclaim deeds, deeds of trust, other documents affecting real property, or power of attorney documents.

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Lost/Stolen Journal Protocol

Notify the Secretary of State immediately by certified/registered mail or physical delivery with receipt. Include journal entry periods, commission number/expiration, and police report copy (if applicable).

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Responding to Public Journal Requests

Supply a photostatic copy of the line item or acknowledge no such item exists. Must respond within 15 business days of written request. Cost is $0.30/page.

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Who Owns the Journal?

The notary public.

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Maintaining a Journal

Willfully failing to properly maintain the notary public’s journal.

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Journal Upon Commission Expiration

Deliver all notarial journals, records, and papers to the county clerk’s office where the oath is on file.

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Study Notes

  • A notary public must maintain an active sequential journal of all notarial acts.
  • The journal must be stored in a locked and secured area under the notary's direct and exclusive control.

Required Journal Information

  • Date, time, and type of each official act (e.g., acknowledgment, jurat) must be recorded.
  • The character of every instrument sworn to, affirmed, acknowledged, or proved (e.g., deed of trust) must be noted.
  • The signature of each person whose signature is being notarized must be included.
  • A statement confirming that identity verification was based on "satisfactory evidence" as per Civil Code section 1185 is required.

Satisfactory Evidence Details

  • If based on paper identification, record the type of document, issuing agency, serial or identifying number, and issue or expiration date.
  • For a single credible witness personally known to the notary, include the witness's signature or identification details (document type, issuing agency, serial number, and issue/expiration date).
  • When using two credible witnesses, record their signatures and identification details (document type, issuing agency, serial number, and issue/expiration date).
  • The fee charged for the notarial service must be documented.
  • For notarizing deeds, quitclaim deeds, deeds of trust, real property documents, or power of attorney documents, the signer's right thumbprint is required in the journal. If the right thumbprint isn't available, use another finger, indicating which one. If a physical condition prevents a fingerprint, note this and explain the condition in the journal.

Lost or Stolen Journal

  • If the journal is stolen, lost, misplaced, destroyed, damaged, or unusable, the notary must immediately notify the Secretary of State.
  • Notification must be sent by certified or registered mail or a delivery method providing a receipt.
  • The notification must include the journal entry periods, notary commission number, commission expiration date, and a photocopy of the police report (if applicable).

Public Requests for Journal Information

  • A notary must respond within 15 business days to a written request from the public for a journal copy.
  • The response must include a photostatic copy of the line item or an acknowledgment that no such item exists.
  • The request must include the names of the parties involved, the document type, and the month and year of notarization. The cost for providing the information is capped at $0.30 per page.

Journal Ownership and Surrender

  • The sequential journal is the notary public's exclusive property.
  • It cannot be surrendered to an employer, regardless of who paid for it, except under conditions specified in Government Code section 8206(d).

Failure to Maintain Journal

  • Willfully failing to properly maintain the journal is a misdemeanor.

Journal Delivery After Commission Expiration

  • Within 30 days of commission expiration, all notarial journals, records, and papers must be delivered to the county clerk's office where the oath is on file.
  • Failure to do so is a misdemeanor and results in personal liability for damages to anyone injured by the inaction.
  • Any materials sent to the Secretary of State will be returned to the sender.

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