A notary public is required to keep one active sequential journal at a time of all acts performed as a notary public. The journal must be kept in a locked and secured area (such as a lock box or locked desk drawer), under the direct and exclusive control of the notary public. The journal shall include the items shown below. (Government Code section 8206(a))
- Date, time and type of each official act (e.g. acknowledgment, jurat).
- Character of every instrument sworn to, affirmed, acknowledged or proved before the notary public (e.g. deed of trust).
- The signature of each person whose signature is being notarized.
- A statement that the identity of a person making an acknowledgment or taking an oath
or affirmation was based on “satisfactory evidence” pursuant to Civil Code section 1185.
If satisfactory evidence was based on:
1. Paper identification, the journal shall contain 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;
2. A single credible witness personally known to the notary public, the journal shall contain 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; or
3. Two credible witnesses whose identities are proven upon the presentation of satisfactory evidence, the journal shall contain the signatures of the credible witnesses and 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 witnesses. - The fee charged for the notarial service.
- If the document to be notarized is a deed, quitclaim deed, or deed of trust affecting real property or a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal. If the right thumbprint is not available, then the notary public shall have the party use his or her left thumb, or any available finger and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumb or fingerprint, the notary public shall so indicate in the journal and shall also provide an explanation of that physical condition.
If the sequential journal is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable, the notary public immediately must notify the Secretary of State by certified or registered mail. The notification must include the periods of journal entries, the notary public commission number, the commission expiration date, and, when applicable, a photocopy of the police report that lists the journal. (Government Code section 8206(b))
A notary public must respond within 15 business days after the receipt of a written request from any member of the public for a copy of a transaction in the notary public journal by supplying either a photostatic copy of a line item from the notary public’s journal or an acknowledgment that no such line item exists. The written request shall include the name of the parties, the type of document, and the month and year in which the document was notarized. The cost to provide the requested information must not exceed thirty cents ($0.30) per page. (Government Code sections 8206(c) and 8206.5)
The sequential journal is the exclusive property of the notary public and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time. The circumstances in which the notary public must relinquish the journal or permit inspection and copying of journal transactions and the procedures the notary public must follow are specified in Government Code section 8206(d).
A notary public is guilty of a misdemeanor if the notary public willfully fails to properly maintain the notary public’s journal. (Government Code section 8228.1)
Within 30 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. If the notary public willfully fails or refuses to do so, the notary public is guilty of a misdemeanor, and shall be personally liable for damages to any person injured by that action or inaction. (Government Code section 8209) Any notarial journals, records and papers delivered to the Secretary of State will be returned to the sender.