Legal Definitions - notarial register

A notarial register, also known as a journal of notarial acts, is a chronological record maintained by a notary public of every official notarial act they perform. This register documents essential details such as the date of the act, the type of notarial service, the identity of the person whose signature was notarized, and any fees charged.

A notarial register, also commonly known as a journal of notarial acts, is a mandatory, chronological record maintained by a notary public. This register documents every official notarial act they perform. It serves as a detailed logbook, providing an official account of each transaction, including the date, type of notarial act (e.g., acknowledgment, jurat), the name and signature of the person whose document was notarized, the type of identification presented, and any fees charged. The purpose of this register is to ensure accountability, deter fraud, and provide a reliable record that can be referenced if questions or disputes arise regarding a notarized document.

Here are some examples illustrating the use of a notarial register:

• Example 1: Real Estate Deed Signing

  Imagine a couple, Sarah and Tom, are selling their house. They meet with a notary public to sign the deed, which legally transfers ownership to the buyer. The notary verifies their identities using their driver's licenses and witnesses their signatures on the deed. After completing the notarization, the notary records this act in their notarial register. This entry would include the date, the type of act (an acknowledgment of their signatures), Sarah and Tom's names, the type of identification they presented, and a brief description of the document (e.g., "Deed for property at 123 Main St."). This record provides an official account that Sarah and Tom's signatures on the deed were properly acknowledged before the notary.

• Example 2: Executing a Power of Attorney

  An elderly individual, Mr. Henderson, decides to create a durable power of attorney, designating his daughter to make financial decisions on his behalf if he becomes incapacitated. He brings the document to a notary public for notarization. The notary confirms Mr. Henderson's identity, ensures he understands the document he is signing, and then notarizes his signature. In the notarial register, the notary would log the date, the act performed (a jurat, where Mr. Henderson swore or affirmed the contents of the document), Mr. Henderson's name, the identification used, and a description like "Durable Power of Attorney." This entry creates an official record of the notarization, which could be crucial if the power of attorney's validity is ever questioned.

• Example 3: Sworn Affidavit for a Court Case

  A witness in a civil lawsuit, Ms. Rodriguez, needs to provide a sworn affidavit detailing her account of an incident. She drafts the affidavit and takes it to a notary public. The notary administers an oath to Ms. Rodriguez, confirming that the statements in the affidavit are true to the best of her knowledge, and then notarizes her signature. The notary then records this event in their notarial register. The entry would specify the date, the act (a jurat), Ms. Rodriguez's name, the identification she provided, and a description such as "Affidavit for court case [Case Name/Number]." This entry serves as proof that Ms. Rodriguez's affidavit was properly sworn before a notary, adding legal weight to her testimony.