Effective January 25th, New York State requires notaries public to record their service in a Journal. It is requisite to record the type of identification provided by the client. Most journals have a space for this, but it is wise to check and make sure, when buying a new journal, that it contains a box for this information. Also, you must keep your journal for ten years.
Previously, a journal was not required. It was merely recommended. So, this is a big shift in the state’s policy. However, many states already had this requirement in their law.
New York is also allowing for remote notarizations as of January 31st, 2023. We have a couple of blogs on these changes to remote notarization, right here at notarynewyork.org. Information on these changes can be found at the New York Department of State. Scroll down the page to see these updates to the notary law.
By the way, if you are looking to buy a journal, you can find many suppliers online. We recommend checking out the American Association of Notaries website.
About Keeping Notary Records
As mentioned above, we are now required to keep our logbook for ten years. It is very important to comply with this regulation. Ask yourself, what would happen if seven years later a litigation took place and you no longer have your logbook. Well, we can tell you what would happen would not be pleasant. First, you would be in violation of your duties as a notary. Second, since notaries have liability, you could be subject to being a defendant in the litigation just mentioned. To make matters worse, if you trashed your logbook, you wouldn’t have any documentation related to the notarial service in question. Hence, you have nothing to defend yourself with. So, obey the new law and keep that log book for ten years. Also, know What to Record in a Notary Journal.
We hope you find this article informative. Since the change in the law occurred only recently, there is not yet much available on this subject online. But, we’re sure that will change soon.
If you want to become a New York Notary Public, we offer Notary Public training that is favorably priced. You are welcome to enroll.
What should a New York Notary record in the Journal?
So, What should a New York Notary record in the Journal? If you read our previous blog, then I’m assuming you purchased a journal. A Journal is a critical component for any professional notary. Below, we explain why good record keeping is so important.
First, let me state that it is a good idea to fill in your journal when you administer the notarial act. Waiting until
a convenient time makes it easy to forget all the details relative to the notarization. If a problem occurs in the future, it becomes imperative that you have recorded all the necessary details in your journal. So, don’t put off your journal entry. Below, lists critical items that a New York Notary should record in the Journal. You may wish to read our other article about the fact that New York Now Requires Notaries to Use a Journal.
Information a New York Notary should record in a journal.
The time and date of the notarization.
The service performed. This could be an Oath, an Acknowledgement, etc.
The type of document notarized. This could be a Mortgage Document, a Legal Affidavit, a Passport Application, a Power of Attorney, etc.
The date of the Document (usually different from the date of notarization).
The name, address, and phone of the client.
The client’s signature
Type of identification provided by the client – Driver’s license, passport, etc.
If the document requires a witness, their name, address, phone, and signature should also be included.
Finally, you should record the fee that was charged to the client.
Journals do not have a lot of space for additional information, so your notes cannot be drawn-out. At times there could be an unusual situation connected with the notarial act. It would be wise to include this information in your journal. This way, if you have to refer back to it, you will have the information at your disposal. For example: maybe the document was for a court case and had a court case number on it. It wouldn’t hurt to record the court case number. Or, maybe there is a loose certificate involved. Whatever the unusual circumstance may be, it is a good idea to make a note of it.
Currently, National Notary.org has a nice video on what features to look for in a notary journal. You may want to check it out.
To learn more about our New York Notary Exam Training check out our About the Course page.
As of January 25th of 2023, New York State requires all notaries to keep a Journal. We will outline these requirements in a new article very soon. For now, let’s look at why we need to keep a journal. You will have to keep your journal for a period of ten years.
A record of your notarial acts in a journal provides a written account of the acts performed. This may prove very beneficial somewhere down the road after a specific notarial service is forgotten.
For example: Assume that two years after you certified a signature some type of legal question arises. Let’s say that you have to address the specifics of that notarization. Because you placed your seal on hundreds of documents since the one in question, it would be impossible to recall the specifics of the act. But, a journal helps you to do just that. If you want to know what information should be logged into a journal. Please read our blog item on this topic. It describes what a Notary Should Record in a Journal.
A few reasons why a notary should keep a journal:
It provides a factual proof which verifies the notarial act was properly executed.
If a court action were to occur in the future, your journal is prima facie evidence to the facts within it.
There’s an old adage that says, “If it wasn’t written it did not happen.” As a notary you have an obligation to know what acts you performed, and when. So, your written journal provides a suitable record of what happened.
A journal protects the notary if he or she is sued for negligence.
It is simply good business to keep accurate records.
There are proper techniques for recording information in your journal. For instance, you want to include specific information related to your notarial act. An important point to make here is that a notary must use ink when writing in a journal. Thus, if an error is made, he or she should draw a single line through the error and then make the correction. You can find journals online. Notary.net has a nice selection of journals
You should collect specific information from the signer and record it in your journal. We’ll discuss what information to include in your journal in our next blog.
If you are interested in becoming a notary in New York, you may want to evaluate our notary training course. It covers journals and every other aspect that prepares you to pass the New York State Notary Exam. You can also learn more by visiting the New York Department of State. Also, you can read our Notary Public FAQs page, which may answer other questions you may have.
As of January 25th of 2023, New York State requires all notaries to keep a Journal. We will outline these requirements in a new article very soon. For now, let’s look at why we need to keep a journal. You will have to keep your journal for a period of ten years.