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Notarial protocol?
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Notarial protocol?
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Posted by Robert/FL on 7/7/09 8:52pm
Msg #294938

Notarial protocol?

Civil law notaries in Florida must record their acts in a "notarial protocol", so say the statutes. Sounds to me like a notarial protocol is a fancy way of saying "journal".

Is there any difference? Is a journal a "protocol"? I've just never seen the word "protocol" used in that context and wondered.

Reply by Linda_H/FL on 7/7/09 9:05pm
Msg #294940

Sort of but not quite...per Chapter 1C-18.001(8) FL Rules...

"(a) A Florida Civil-law Notary's protocol shall be maintained in a secure, fireproof location at the Florida Civil-law Notary's principal place of business;
(b) The protocol shall contain an original copy or photocopy of each of the Florida Civil-law Notary's authentic acts in date sequence, and an original photocopy of any supporting or related documents, which shall be permanently archived in the protocol. The protocol shall also contain, in date sequence, a photocopy or original copy of any document containing, incorporating or depending upon, an acknowledgment, oath or solemnization executed by the civil-law notary, which shall include a copy of any certificate made by the civil-law notary.
(c) The protocol shall contain or be accompanied by an index to its contents in date order. In addition to the date on which act, oath, acknowledgment, or solemnization was executed, each entry in the index shall identify the party or parties who paid the notary's fee.
(d) The protocol shall be available for inspection by the Department of State during reasonable business hours and copies of any documents contained in the protocol shall be furnished to the Department upon request. The contents of the protocol shall otherwise be considered confidential and shall be made available only to persons who have a legal interest in a particular transaction.
(e) A Florida Civil-law Notary who takes custody of the protocol of another Florida Civil-law Notary's protocol because of suspension or incapacitation shall maintain the protocol until the suspension period expires or the incapacitation is relieved. When a Florida Civil-law Notary takes custody of another Florida Civil-law Notary's protocol because of revocation or death the custodial Florida Civil-law Notary shall permanently maintain the protocol in accordance with this rule."

They must keep photocopies of each of their authentic acts and they must all be indexed....something not normally required in keeping a journal, and certainly not authorized for notaries public in Florida...

Remember, we are notaries public, not civil-law notaries. But to answer your question, IMO in a way it is the civil-law notary's journal.



Reply by MikeC/NY on 7/7/09 9:39pm
Msg #294941

What is the difference between a garden variety Notary Public and a Florida Civil-law Notary?

Reply by MistarellaFL on 7/7/09 10:19pm
Msg #294943

Civil law notaries are attorneys

The Florida Civil Law Notary appointment is a program for Florida Attorneys that practice international law and who have a need to authenticate an act or attest to validity of a document. Regular notary public acts may also be performed with this type of appointment. Please note there is a required exam that is preceded by an optional two day training held a various locations throughout the state. The location of the training and exam cite is determined by the location of the majority of the pool of applicants.. A Florida Civil-Law Notary is a Florida attorney who is a member of the Florida Bar in good standing, and who has been in practice for at least 5 years. Please review this website and read the governing Statute, Ch. 118, and the Administrative Rule, 1C-18.001, before filling out the online Application.



Reply by MikeC/NY on 7/8/09 8:39am
Msg #294968

Thanks n/m

Reply by PAW on 7/8/09 7:33am
Msg #294960

From the 'Lectric Law Library's Lexicon:

PROTOCOL - A record or register. Among the Romans, protocollunt was a writing at the head of the first page of the paper used by the notaries or tabellions.

In France the minutes of notarial acts were formerly transcribed on registers, which were called protocols.

By the German law it signifies the minutes of any transaction. In the latter sense the word has of late been received into international law.


 
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