Keeping a Notary Journal
Colorado notaries are required to keep a notary journal. The specific requirements are listed in CRS 24-21-519. The notary must record in the journal, at the time of notarization:
Notary Journal Entries
1. Date and time of notarial act
2. Type of notarial act (oath, affirmation, acknowledgment, signature witnessing, certified copy)
3. Description of document (include the title, page count, and any foreign language used)
4. Name and address of each signer and any witnesses
5. Signature of signer and any witnesses
6. Method of identification used: ID card, driver’s license, passport, personal knowledge, credible witness
7. Notary fee charged, if any (for multiple documents, list the fee charged for each document, do not include non-notary fees such as travel, shipping, printing)
8. Any other information the notary considers appropriate to record
9. Effective September 1, 2023, if a foreign language interpreter is used, the name, address, and certification or credential number of the interpreter must be included in the notary journal, CRS 24-21-514.7
Best Practices
As a best practice, it is a good idea to complete the journal entry, including the customer’s signature, before notarizing the document. To prevent identity theft, the notary should not record the full ID number of the signer. Record the last 4 digits only, as evidence that the ID was inspected.
Thumbprints are not required by Colorado law and cannot be required by the notary.
The notary journal should include all completed transactions and any transaction that were not able to be completed for some reason such as lack of acceptable ID, unable to communicate due to a foreign language barrier, unable to pay notary fee, unable to sign the document knowingly and willingly, or a request for an unlawful or unauthorized notarial act.
Because of medical privacy laws, do not include any medical information about the signer in the notary journal.
If you are a mobile notary, include the address where the notarization took place. If you only notarize in your office, write the office address inside the front cover.
When you retire, before turning in your notary journals to the state, make a copy for your records. Many document disputes do not occur until months or years after the notarization. You need your well-kept journals as evidence to defend yourself if you are accused of a notary error or omission.
After the last journal entry, write End of Journal to prevent anyone from adding more entries.
I use a special pen, uni-ball Signo 207, with blue ink, to sign documents and to make journal entries. It uses anti-fraud ink that is not water soluble to prevent tampering.
Store your filled notary journals in a fireproof waterproof safe.
Making Journal Entries for Multiple Documents
Colorado notary law requires the customer’s signature to be included in the notary journal. The law and the Colorado notary handbook do not specifically require that if there are multiple documents notarized for the same signer that there must be an equal number of signatures in the notary journal.
Several states, including Oregon and Montana, mention in their notary handbooks that a shortcut may be used to save time if several documents are notarized at the same time for the same signer.
A diagonal line may be inserted across several signature boxes in the notary journal, spanning the entries for several listed documents that were notarized. Then, the customer places a single signature on the diagonal line, indicating all of the listed documents were notarized in the same session.
In California, this signature shortcut is not acceptable. Separate signatures are required for each document.
The image shows an example of a diagonal signature line from the Oregon Notary Public Guide. Montana Notary Handbook
Electronic Notary Journals
Some electronic notary journals are available, but I recommend using a paper journal. The paper journal does not require any batteries, software, Internet connection or cloud storage; is rugged and not damaged if you drop it.
In some secure facilities, such as a jail, prison, military base, government office, government contractor or research facility, visitors may not take electronic devices inside. So, a paper journal is required.
With an electronic notary journal, a signature made by using a fingertip or stylus may not look like a normal signature made with a pen on paper.
The signer may be reluctant to enter a signature on an electronic device where the data and signature are transmitted and stored in a remote location using cloud storage. The notary has a duty to keep the journal secure. Using cloud storage increases the risk of a data breach by a storage vendor employee or criminal breaking into electronic records.
There is also a jurisdiction issue and some Internet law questions. Can an electronic notary journal be stored on a remote computer located in another city, county, state, territory or foreign country? Most businesses are required to keep records at their principal place of business.
What happens if the remote storage vendor website goes down due to a malfunction, malware, operator error, outage or disaster or the vendor goes out of business?
Notary laws vary. Be sure to follow the laws for keeping a notary journal in your state.
Visit our website for Colorado Springs Mobile Notary services or Colorado Notary Training classes.
[Last-Modified Date 2023-06-10] updated for RULONA laws
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