Updated 3-25-24. New Notaries often ask why they need to keep a journal. The answer is that a Notary can be sued over a notarization years after it takes place, but well-kept journal records will protect you if that happens. Here's how:
Journals protect Notaries from false accusations
Customers sometimes claim a Notary performed a faulty notarization. Checking the journal records can confirm that the Notary did the job properly, or help reveal if someone tampered with the document or is trying to commit fraud. Here are some real-life examples:
- One Notary checked her journal records and discovered the alleged faulty notarizations never happened in the first place.
- Another asked to see a copy of the document in question after finding no entry in her journal for the notarial act the customer described. When she received the document, she saw the signatures were completely different from the original ones she notarized and refused to correct the notarization.
- A Florida Notary was contacted by a borrower about a set of loan documents notarized more than a decade earlier. This Notary still had her journals from that time, even though Florida does not have a journal requirement. Her journal entries showed that she performed the notarizations properly. Evidently, however, another Notary was asked to re-perform the notarizations on the loan documents, and they may have been fraudulently notarized.
How long should Notaries keep their journals?
Most states do not require traditional pen-and-paper Notaries to maintain journals, though some states such as Florida still recommend that Notaries keep a journal voluntarily. (Florida Notaries authorized to perform remote online notarizations in Florida are required to keep a secure electronic journal of their online notarizations.) In states that do require a journal, the law varies from state to state.
In California, Notaries are required to keep their journals for as long as they remain Notaries. Once they stop being a Notary, they must turn their journals over to the county clerk in the county in which the Notary’s current oath of office is on file.
Illinois Notaries must maintain custody and control of their journals during the term of the Notary's commission, and store journals in a secure and locked location when not in use, and physical journals must be kept for a minimum of 5 years after the Notary's commission ends. If the Notary uses an electronic journal, the electronic journal must be retained in a computer or other electronic storage device that protects the journal and recording against unauthorized access by password or cryptographic process. An electronic journal must be retained for at least 7 years after the last electronic or remote notarial act chronicled in the journal.
New York Notaries are required to keep a journal record of all their notarial acts. Each journal entry for a notarization must include the following information:
- The date, approximate time, and type of notarial acts performed
- The name and address of any individuals for whom a notarial act was performed
- The number and type of notarial services provided
- The type of credential used to identify the principal
- For electronic notarial acts, identification of the communication technology, certification authority, and verification providers used
The New York Notary must complete the journal entry contemporaneously with the performance of the notarial act — not before the notarial ceremony starts or after it concludes. If the Notary has registered to perform electronic notarizations (the term for remote notarizations in New York), the Notary must keep both a journal and make a video and audio recording of the electronic notarial act. Journals must be kept by the Notary for at least 10 years. For more information, please see the NNA’s page on New York’s 2023 administrative rules.
In Texas, Notaries must keep a physical journal either for the entire term of the commission in which the last recorded notarization was performed or for three years following the date of the last recorded notarization, whichever is longer. When they stop being a Notary, their physical journals must be turned in to the county clerk of the county in which they reside. Texas Notaries who perform online electronic notarizations must retain the electronic record of an online notarization in a safe and secure manner for five years following the date of notarization.
In the absence of a state law or regulation on archiving and depositing journals, Article VII-B-3 of The Notary Public Code of Professional Responsibility recommends storing and safeguarding journals for at least 10 years from the date of the last entry completed in the journal.
These are the minimum standards. Professional standards of practice suggest that Notaries handling real estate and mortgage signings keep their journals longer, since many mortgage loans have a lifespan of more than 10 years.
The reason is simple: If you are asked about a notarization you performed many years ago, the chances of being able to recall the details from memory alone are slim to nonexistent. In fact, failing to complete a journal entry has caused serious legal problems for some Notaries.
The information in a properly recorded journal entry provides evidence showing whether a Notary acted properly and protects the Notary against lawsuits.
David Thun is the Editorial Manager at the National Notary Association.
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