Posted by Budman on 1/3/13 9:41pm
Msg #448764

Journal

Are we supposed to turn our full journals into the county clerk, I've just been throwing them into a drawer ( unlocked ). The only thing the handbook says is to turn them in when rezigning your commission or when you die.

Reply by Marian_in_CA on 1/3/13 9:50pm
Msg #448766

Bud, you have to hold on to them... ALL Of them until you resign your commission (or don't renew), or yes, if you die, your family should have instructions to turn them in within 30 days of your death.

Otherwise, they are your property and you have to maintain them... LOCKED up and under your exclusive control. A locking file cabinet works wonders for that.

Reply by Budman on 1/3/13 10:06pm
Msg #448768

Re: ok n/m

Reply by Marian_in_CA on 1/3/13 10:15pm
Msg #448771

Re: ok

I think that's the downside to all of this if you end up with tons and tons of journals... there's absolutely nothing you can do with them except keep them secure. A locking file cabinet, or locking file drawer is the best option. I know one guy, though, he goes through TONS of journals.... so many that he actually pays to have his stored in a document storage facility because after 5 filing cabinets, his wife demanded he get them out of the house.

Reply by GOLDGIRL/CA on 1/3/13 10:10pm
Msg #448770

Yes, Budman, you keep your journals until your commission expires AND you don't renew or you resign ... or the SOS sends a team of its journal "investigators" to drag you into notary court for using abbreviations in your journal, (i.e. DOT for Deed of Trust), and yanks your commission like a dentist pulling a diseased tooth. In that case or when you're all done being a notary, you turn your journals into your county within 30 days.

BTW, you keep your house locked, right? Then, your journals are locked up and in your possession only.

Reply by Marian_in_CA on 1/3/13 10:19pm
Msg #448772

"BTW, you keep your house locked, right? Then, your journals are locked up and in your possession only."

I'm not so sure about that. That *maybe* would only apply, I'd think, if Bud lived alone. The handbook says, "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."

Reply by Budman on 1/3/13 10:55pm
Msg #448776

I do live alone, I am a widower and yes I do keep my house locked.

Reply by MikeC/TX on 1/3/13 11:20pm
Msg #448778

"The only thing the handbook says is to turn them in when rezigning your commission or when you die."

Does the handbook explain how you are supposed to do this when you die? I'm just thinking that reaching out beyond the grave to surrender your journals would make for a hell of a story...

Reply by Marian_in_CA on 1/3/13 11:41pm
Msg #448781

Even though it was a funny question..there is an answer in state law, CA Gov't Code 8209:

"(b) In the case of the death of a notary public, the personal representative of the deceased
shall promptly notify the Secretary of State of the death of the notary public and shall deliver
all notarial records and papers of the deceased to the clerk of the county in which the notary
public’s official oath of office is on file."

In other words... we're supposed to be responsible enough to have a written directive available to our family members, friends, attorney, estate rep, etc. telling them what to do if we kick the bucket.

I have this, and my husband and I have discussed it. He knows what to do if anything happens, but I have it all written down, too, with phone numbers and addresses of exactly where to go. It's not that fun to think about, but I put the sheet out and review it every year or so to make sure it's up to date.

Reply by janCA on 1/4/13 8:31am
Msg #448803

There is nothing in our CA Handbook that says we have to keep all completed journals in a locked and secure area. My interpretation of that law is our "current" journal is to be locked and secured. I keep all 23 of my completed journals in a closet.

Reply by Marian_in_CA on 1/4/13 9:17am
Msg #448810

What's the difference between a current vs full journal? Our journal is sequential. If we have to protect a journal entry from a week or a month ago in the current journal, why not 6-12 months ago in an older journal? And, Some notaries never fill a journal so the acts recorded in it can be over 4 years old or more. I know of one woman who just renewed her first commission last month and she notarized my signature 2 months ago. The funny thing is that I was the one who issued her oath of office 4 years ago, so we got to talking and she said that she uses her commission so rarely (she got it for her job) that she's only used about 8 pages of her journal in 4 years.

Reply by janCA on 1/4/13 12:47pm
Msg #448852

Keyword in the law is "active" sequential journal.

Reply by Marian_in_CA on 1/4/13 2:54pm
Msg #448891

But the handbook doesn't use the word "active" when it talks about storing the journal. It says, "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."