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Although not every state requires the notary to keep a journal of notarial acts the Company highly recommends you do. Why? A notarization is valuable and important to the signer, and those relying on the content of the document being acknowledged.

Think of the act as valuable as a bank deposit is to the account holder. The document being notarized is a legal transaction of profound legal weight and consequence. People are depending on the notarization to be valid. They are taking business risks based on the notarization.

In some transactions, the notarization is a primary indicator others can rely on to ensure the signers to a document are who they claim to be and that the signatures are genuine.

Notarization is no small matter. Because in some instances, notations in the journal may be the only proof prescribed by law that constitutes accepted evidence the notarization is truthful and legally valid, you may wish to strongly consider keeping a journal, even if your jurisdiction does not require that you do.

A journal provides proof that:

  • The person personally appeared before the notary
  • The notary took every reasonable step to verify the signer's identity as provided by the state's notary law
  • The signature notarized is genuine and belongs to the person who claims to own it

Of course, a commissioned notary who is in a state which requires he/she keep a journal has no choice. Regardless of whether the notary must keep a journal or he/she chooses to keep one, here are some best practices:

  • In most cases only one active, sequential journal may be used and should be kept in a secure location under the direct control of the notary.
  • All acts should be entered in to the journal; even those instances where the notary might have refused to notarize a document. Include the reason for the refusal.
  • Be sure to keep the journal locked up — along with notary seal — so no one else may use them.
  • If a journal is lost, contact the state regulator for details on what steps must be taken.
  • If a notary leaves the Company he/she should consult with the state where he/she is commissioned for instructions on whether to take the journal or leave it with the employer.

A notary journal is a written record of every notarization performed by the notary. Everything recorded in the journal shall be deemed factually true in a court of law. It protects the signers, it protects the Company and it protects the notary personally from risk of legal liability.

The notary journal will guide the notary through the correct steps of a lawful notarization. It will prevent a notary from notarizing falsely, which is a criminal violation in every state. A notary journal will rescue a notary from unfounded accusations of wrongdoing.

 

 

 
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