True or False: You might be required to notarize a document for a personal representative of the document signer

A. True B. False

61

Quiz Answer Key

1) True or False: A notary must identify an individual who appears before them.

A. True B. False

2) Documents provided for identification must provide the following: (You may choose more than one answer)

A. A description of the person named on it B. The address of the person named on it C. A serial or other identifying number D. Signature of the person named on it E. A photograph

3) True or False: Identification documents must be current.

A. True B. False

4) If a credible witness is used as satisfactory evidence to establish the identity of a signer, ____________________________________________________________.

(Complete the statement with one of the answers below.)

A. The witness must personally know the signer and the document executor B. The witness must personally write the document

C. The witness must personally know the notary D. A and B

E. A and C

5) True or False: If a credible witness is used as satisfactory evidence, he or she must perform an oath or affirmation.

A. True B. False

6) True or False: You might be required to notarize a document for a personal representative of the document signer.

A. True B. False

62

Lesson 3: Notary Journal

It is required of all notaries to keep a notary journal. This journal is an official record of all acts

performed as a notary. The journal must be accurate and chronological. You must keep only one active journal at a time. You must keep this journal under your direct and exclusive control at all times, and keep it stored in a secure area.

There are several purposes for keeping a notary journal. Primarily, notary journals are used as protection for you, your clients and the general public.

By law, notaries are required to record all notarial acts in his/her journal. There is one exception to this rule. According to the Notaries Public Act, if your firm or employer, in the regular course of business, keeps all the documents that you notarize, or copies of them, you are not required to make a journal entry. This is not to say that you cannot record these notarizations, it is just not required by law.

However, in this matter, the Secretary of State contends that it is definitely in the best interest of the notary to record all acts in his/her notary journal, regardless of the exception.

When it comes to what information must be recorded in each journal entry, the Notaries Public Act doesn’t mandate any particular information. As a notary, you can choose which information you want to include. You may record any or part of the following for each notarization: the type and date of the act;

the title or type of document or proceeding; the date of the document or proceeding (if different than the date of the notarization); the name of each party whose signature is being notarized; the signature and address of each party whose signature is being notarized; the signature, printed name, and address of each witness to the notarization; and any other information that you feel is important. When deciding which information to include, just remember that the more complete the journal, the better the

protection. As a precaution, it is highly recommended that you have each client sign your journal at the time of the notarization. This is for your protection, as it provides evidence that the client was

physically present at the time of notarization.

Here is a sample page of a Notary Journal:

(See pg. 64)

As a notary, your journal is your exclusive property. As such, you must never surrender your journal to anyone, including your employer. You must not release it, except under the following circumstances:

Upon resignation, disqualification, death, removal from office, and expiration of commission, the journal and all other notary records must be delivered to the office of the Secretary of State as soon as possible. If your journal is lost, stolen, misplaced, or rendered unusable, you need to notify the Secretary of State within 30 days.

63 Notes

Notary Journal

1. All notaries must keep a notary journal.

2. Official record of all acts performed as a notary.

Journal Requirements 1. Journal must be accurate 2. Journal must be chronological

3. Only one active journal must be kept at a time 4. Journal must be under your direct control at all times 5. Journal must be stored in secure area

Purpose of Journal

All notarial acts must be recorded in journal

 One exception: if firm or employer, in the regular course of business, keeps all the documents that are notarized, or copies of them, journal entry is not required

 Secretary of State contends that it is definitely in the best interest of the notary to record all acts in the notary journal, regardless of the exception.

Journal Entries

1. Notaries Public Act doesn’t mandate any particular information 2. You can choose what information you want to include

3. You may include any or part of the following:

 Type and date of the act

 The title or type of document or proceeding

 Date of the document or proceeding (if different than the date of the notarization)

 Name of each party whose signature is being notarized

 Signature and address of each party whose signature is being notarized

 Signature, printed name, and address of each witness to the notarization

 Any other important information

4. When deciding which information to include, just remember that the more complete the journal, the better the protection

64

5. As a precaution, it is highly recommended that you have each client sign your journal at the time of the notarization. This is for your protection, as it provides evidence that the client was physically present at the time of notarization.

Sample Journal Page:

Surrendering Your Journal

1. Journal is your exclusive property

 Cannot be taken from you by anyone

 You cannot surrender your register to anyone, even employer, except under following circumstances:

o Surrender register to the office of the Secretary of State as soon as possible upon:

 Resignation

 Disqualification

 Death

 Removal from office

 Expiration of your commission

65 Lost, Stolen, Misplaced or Unusable Journal

1. Notify Secretary of State within 30 days

66 Quiz