Is there any reason why I cannot use a three-ring binder for my journal as long as I log all of the required information and keep the pages sequential? — D.D., California
California Notaries are required to keep one active sequential journal of all of their official acts. A permanently bound record book (not loose-leaf) with numbered pages and entry spaces is best for preserving the sequence of notarial acts and for protecting against unauthorized removal of pages or tampering (Government Code, Section 8206).
The California Secretary of State’s Notary Public Section provided the following additional clarification to the NNA in response to a question about the use of loose-leaf journals in May 2013:
“California Government Code section 8206(a)(1) requires that a California Notary Public maintain one active sequential journal under the Notary Public’s direct and exclusive control, which means that the journal must be bound and continually contain all of its pages and every line item recorded. Loose separate pages removed or added at a later time are not in sequence and are not in the one active journal. All of the information prescribed by California Government Code section 8206 must be completed in the journal sequentially at the time each notarial act is completed and all previous entries must be continuously maintained in one bound journal. A California Notary Public cannot maintain multiple active journals. A California Notary Public may have access to a spare blank Notary Public journal; however, once a notarial transaction is recorded in the spare journal, the Notary Public cannot use the previous journal again.”
SEE ALSO: What Every Notary Needs To Know About Journals
Some other states also require the journal of notarial acts to be in a bound format. Nevada requires a journal to be kept “in a bound volume with preprinted page numbers” (NRS 240.120[6][b]). Oregon requires the journal to be bound in a way to “prevent the insertion or removal of the cover or a page” (OAR 160-100-0200[1]). If you are commissioned in a state that does not specify journal format, the NNA recommends using a journal with bound pages as additional protection against unauthorized removal or tampering with your journal entries.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
David Thun is an Associate Editor at the National Notary Association.
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