Posted by Harry [NR] on 1/5/04 12:58am
Msg #543
Modern Journal in California
If anyone is interested in researching the questions raised on the message boards as to whether the checkboxes in our Modern Journal of Notarial Events can be used within a single row/record to record multiple document types (vs. using one row per document) in California, I refer you to Section 8206(a)(1) of the California Government Code. To view this code, go to the following page, select Government Code, type 8206 in the box at the bottom of the page, and click Search:
http://www.leginfo.ca.gov/calaw.html
Section 8206(a)(1) describes in detail the characteristics a notary journal must have in the state of California, how it should be used and how it should be cared for. Highlights:
- only one active, sequential journal should be used at a time
- keep it in a locked and secure area under your control
- you must record the date, time and type of each official act
- you must record the character of every instrument performed or acknowledged before you
- you must record the signature of each person whose signature is being notarized
- you must record method of signer identification
- you must record witness info if used
- you must record any fee for your notarial service
- you must record a thumbprint if transfer of real property is involved
The code does not describe the format the journal must take, but more of what your responsibilities are (e.g. what you must record). It is our opinion that there is nothing to preclude the use of a single row to record multiple document types, provided the document types share the same date, are notarized during the same appointment and are signed by the same signer. Still, while the prospect of requiring multiple lines seems absolutely ludicrous (and there is no mention of it in the statutes), we encourage you to use the Journal in the manner you are most comfortable with. I, again, remind everyone of its flexibility.
Finally, if you really concerned about it (we are not), you can contact Audrey Pugh at the California Secretary of State. She is the one who approved our Ultimark notary stamp impression for use in California, so she would probably be a good place to start.
Best!
Harry Shoemaker
Notary Rotary
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