Notary Journal and Records
What this domain tests
The journal and records domain tests the notary's duty to create and keep a reliable record of notarial acts. Questions focus on what must be entered, how long records are kept, storage format, and inspection.
Core rules and concepts
- A Michigan notary must keep a journal of each notarial act performed. The journal is not a diary; it is a contemporaneous record made at or near the time of the act.
- Typical required entries include the date and time, type of notarial act, name and address of the signer, identification type and number, the fee charged, and the signer's signature when required. Record enough detail to identify the transaction without guessing later.
- Retain the journal for six years after the last notarial act. Do not discard it when the commission expires or when a new commission begins.
- The journal may be paper or electronic if the format is secure and reliable. Electronic journals need access controls and backup so entries are not lost or altered.
- Make the journal available to the Secretary of State or other authorized reviewer on request. Do not allow unauthorized people to browse it, and do not create blank or incomplete entries for later filling.
- A separate record may be needed for the seal or commission, but the journal is the primary audit trail.
Worked example
A notary completes an acknowledgment and writes only 'deed-John Smith-today.' Later, a complaint questions whether the signer appeared and was identified. The entry lacks the date, ID type and number, address, and fee, so it does not prove compliance. A proper entry would show the date and time, 'acknowledgment,' the signer's name and address, the driver's license number, and the fee charged.
Traps that cost marks
Journaling only jurats and skipping acknowledgments; recording the act days later from memory; destroying the journal at the end of the commission; omitting identification details; and keeping an electronic journal without backup.