 | California Notary Handbook
Notary Public Journal
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 as to whether the identity of a person making an acknowledgment or taking
an oath or affirmation was based on personal knowledge or satisfactory evidence. If identity
was established by satisfactory evidence pursuant to Civil Code section 1185, then the journal
shall contain the signature of the credible witness swearing or affirming to the identity of the
individual 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. (e.g., driver’s license, [State] Department of Motor Vehicles, #X00000, 00/00/00.)
- If the identity of the person making the acknowledgment or taking the oath or affirmation
was established by the oaths or affirmations of two credible witnesses whose identities are
proven upon the presentation of satisfactory evidence, the type of identifying documents, the
identifying numbers of the documents and the dates of issuance or expiration of the documents
presented by the witnesses to establish their identity. (e.g., driver’s license, [State] Department
of Motor Vehicles, #X00000, 00/00/00.)
- 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, 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 must immediately 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 provide a photo static copy of a line item from his or her journal when
provided with a written request from any member of the public. 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 must not exceed thirty cents ($0.30) per page. (Government
Code section §8206(c))
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.
California Notary Law
- A notary public shall keep one active sequential journal at a time, of all official acts
performed as a notary public. The journal shall be kept in a locked and secured area, under the
direct and exclusive control of the notary. Failure to secure the journal shall be cause for the
Secretary of State to take administrative action against the commission held by the notary
public pursuant to Section 8214.1.
- The journal shall be in addition to and apart from any copies of notarized documents
that may be in the possession of the notary public and shall include all of the following:
- Date, time, and type of each official act.
- Character of every instrument sworn to, affirmed, acknowledged or proved before the
notary.
- The signature of each person whose signature is being notarized.
- A statement as to whether the identity of a person making an acknowledgment or taking
an oath or affirmation was based on personal knowledge or satisfactory evidence. If identity was established by satisfactory evidence pursuant to Section 1185 of the Civil Code, then the journal shall contain the signature of the credible witness swearing or affirming to the identity
of the individual 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.
- If the identity of the person making the acknowledgment or taking the oath or affirmation
was established by the oaths or affirmations of two credible witnesses whose identities are
proven upon the presentation of satisfactory evidence, the type of identifying documents, the
identifying numbers of the documents and the dates of issuance or expiration of the documents
presented by the witnesses to establish their identity.
- 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, 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 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 thumbprint or
fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of
that physical condition. This paragraph shall not apply to a trustee’s deed resulting from a
decree of foreclosure or a nonjudicial foreclosure pursuant to Section 2924 of the Civil Code,
nor to a deed of reconveyance.
- If a sequential journal of official acts performed by a notary public is stolen, lost, misplaced,
destroyed, damaged, or otherwise rendered unusable as a record of notarial acts and information,
the notary public shall immediately notify the Secretary of State by certified or registered
mail. The notification shall include the period of the journal entries, the notary public
commission number, and the expiration date of the commission, and when applicable, a
photocopy of any police report that specifies the theft of the sequential journal of official acts.
- Upon written request of any member of the public, which request shall include the name
of the parties, the type of document, and the month and year in which notarized, the notary
shall supply a photostatic copy of the line item representing the requested transaction at a cost
of not more than thirty cents ($0.30) per page.
- The journal of notarial acts of a notary public is the exclusive property of that 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 notary public shall not
surrender the journal to any other person, except the county clerk, pursuant to Section 8209, or
to a peace officer, as defined in Sections 830.1, 830.2, and 830.3 of the Penal Code, acting in
his or her official capacity and within his or her authority, in response to a criminal search
warrant signed by a magistrate and served upon the notary public by the peace officer. The
notary public shall obtain a receipt for the journal, and shall notify the Secretary of State by
certified mail within 10 days that the journal was relinquished to a peace officer. The notification
shall include the period of the journal entries, the commission number of the notary public, the
expiration date of the commission, and a photocopy of the receipt. The notary public shall
obtain a new sequential journal. If the journal relinquished to a peace officer is returned to the
notary public and a new journal has been obtained, the notary public shall make no new entries
in the returned journal. A notary public who is an employee shall permit inspection and
copying of journal transactions by a duly designated auditor or agent of the notary public’s
employer, provided that the inspection and copying is done in the presence of the notary public
and the transactions are directly associated with the business purposes of the employer. The
notary public, upon the request of the employer, shall regularly provide copies of all transactions
that are directly associated with the business purposes of the employer, but shall not be required to provide copies of any transaction that is unrelated to the employer’s business. Confidentiality
and safekeeping of any copies of the journal provided to the employer shall be the responsibility
of that employer.
- The notary public shall provide the journal for examination and copying in the presence
of the notary public upon receipt of a subpoena duces tecum or a court order, and shall certify
those copies if requested.
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