Legal Definitions - journal of notarial acts

A journal of notarial acts is a formal, chronological record meticulously maintained by a notary public for every official notarial service they perform. This journal serves as a comprehensive log, documenting key information about each transaction, the individuals involved, and the specific steps taken by the notary. It is typically a bound book or an electronic record, and its maintenance is a legal requirement in many jurisdictions.

The journal typically includes:

• The exact date and time the notarial act occurred.
• The specific type of notarial service provided (e.g., acknowledging a signature, administering an oath, certifying a copy).
• The title or a clear description of the document being notarized.
• The full name and signature of each person whose signature was notarized.
• The method used to verify the signer's identity (e.g., driver's license number, passport details, personal knowledge).
• Any fees charged for the notarial service.

This detailed record is crucial because it provides an official account that can be used as evidence in legal proceedings. It helps to prevent fraud, verify the legitimacy of notarized documents, and protect both the public and the notary in case of disputes or questions about a notarization.

Examples:

• Real Estate Transaction: Imagine a couple selling their home who need to sign the deed of transfer in front of a notary. The notary will record the date, time, and type of act (acknowledgment of signatures on a deed) in their journal. They will note the names of the sellers, how their identities were verified (e.g., by their state-issued driver's licenses), and obtain their signatures in the journal. This entry provides concrete proof that the notary properly identified the sellers and witnessed their signatures on that specific date, which could be vital if there's ever a legal challenge regarding the property transfer.

• Granting a Power of Attorney: An individual preparing for an extended trip abroad decides to grant their sibling a Durable Power of Attorney to manage their financial affairs while they are away. When the individual signs the Power of Attorney document before the notary, the notary will create an entry in their journal. This entry will detail the date and time, the type of act (acknowledging the signature on a Durable Power of Attorney), the name of the individual, the type of identification presented (e.g., a U.S. passport), and the individual's signature. If, years later, there's a question about the validity or timing of the Power of Attorney, the notary's journal provides irrefutable evidence of its proper execution.

• Sworn Statement for Court: A witness in a civil lawsuit needs to provide a sworn statement, known as an affidavit, detailing their observations related to the case. The notary administers an oath to the witness, confirming they swear the information is true, and then notarizes the witness's signature on the affidavit. The notary's journal entry would include the date, time, the act performed (administering an oath and acknowledging the signature on an affidavit), the witness's name, the identification used (e.g., a government-issued ID card), and the witness's signature. This journal entry serves as proof that the witness was properly sworn in and identified when they signed the affidavit, adding significant legal weight and authenticity to the document in court.