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Legal Definitions - notarial record
Definition of notarial record
A notarial record refers to an individual entry within a notary public's official, chronological logbook, often called a journal of notarial acts. This record documents each specific notarial act performed by the notary, serving as a detailed account of their official duties. It typically includes information such as the date and time of the act, the type of notarial act performed (e.g., acknowledgment, jurat), the name and signature of the person whose signature was notarized, the method used to identify that person, the fee charged, and sometimes a description of the document involved.
Here are some examples illustrating a notarial record:
Example 1: Real Estate Deed Signing
Imagine a homeowner, Mr. Henderson, is selling his property and needs to sign the deed of transfer. He visits a notary public to have his signature officially witnessed and verified. The notary confirms Mr. Henderson's identity using his driver's license, observes him signing the deed, and then applies their official seal and signature to the document. In their journal, the notary creates a specific entry detailing this event. This entry would include the date, Mr. Henderson's name, the type of document (a real estate deed), the identification method used (e.g., "CA Driver's License #..."), the fee collected, and Mr. Henderson's signature in the journal. This specific entry is the notarial record for the deed signing, documenting the notary's official act.
Example 2: Sworn Affidavit for a Legal Case
Consider Ms. Chen, who is involved in a legal dispute and needs to submit an affidavit—a written statement made under oath—to the court. She must swear that the information in her statement is true and have her signature notarized. When Ms. Chen meets with the notary, the notary administers the oath, verifies her identity, and then notarizes her signature on the affidavit. The notary then records this act in their journal. This journal entry would specify the date, Ms. Chen's name, the type of act (administering an oath and notarizing an affidavit), the identification method (e.g., "Passport #..."), and Ms. Chen's signature in the journal. This entry constitutes the notarial record for Ms. Chen's affidavit, providing official proof that the notary properly executed their duties for this legal document.
Example 3: Power of Attorney for Financial Matters
Suppose Mr. Davies wants to grant his daughter, Emily, a Power of Attorney to manage his financial affairs while he is abroad. This important legal document requires his signature to be notarized. Mr. Davies and Emily visit a notary public. The notary verifies Mr. Davies' identity, witnesses him signing the Power of Attorney document, and then affixes their official seal and signature. The notary then logs this transaction in their journal. This specific entry would contain the date, Mr. Davies' name, the type of document (Power of Attorney), the identification used (e.g., "State ID Card #..."), and Mr. Davies' signature in the journal. This detailed entry serves as the notarial record for the Power of Attorney, providing an official and verifiable account of the notarization.
Simple Definition
A notarial record refers to the official, chronological log maintained by a notary public. This record details each notarial act performed, including key information about the transaction and the individuals involved.