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Section 3.6 - Using the Notary Journal

While there is no prescribed format for the notary journal, it should contain enough room to record all items shown below. (Government Code section 8206(a)(2))

  1. Date, time and type of each official act (e.g. acknowledgment, jurat).

  2. Character of every instrument sworn to, affirmed, acknowledged or proved before the notary public (e.g. deed of trust).

  3. The signature of each person whose signature is being notarized.

  4. A statement as to whether the identity of a person making an acknowledgment or taking an oath or affirmation was based on 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).

  5. 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).

  6. The fee charged for the notarial service.

  7. If the document to be notarized is a power of attorney, deed, quitclaim deed, deed of trust affecting real property, or other document affecting real property, and is not a trustee's deed relating to foreclosures nor a deed of reconveyance, 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 a thumbprint is required and the notary public fails to obtain the thumbprint, he or she may be fined up to $2500.

How the notary chooses to record the above items is a matter of personal preference. Simply put, however, the notary should be able to reconstruct the circumstances of any notarization they have performed based on their journal contents and must be able to account for all details described in Government Code section 8206(a) for the notarial event.

Appendix E contains instructions for using Notary Rotary's Modern Journal of Notarial Events.

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