Legal Definitions - notary record book

A notary record book, also commonly referred to as a journal of notarial acts, is an official log maintained by a notary public. It serves as a detailed, chronological record of every notarial act performed by the notary. This record-keeping is a legal requirement in many jurisdictions and is essential for accountability, preventing fraud, and providing evidence if a notarized document is ever challenged.

The notary record book typically contains specific information for each notarial act, including:

• The date and time the act was performed.
• The type of notarial act (e.g., acknowledgment, jurat, copy certification).
• The name and signature of the person whose signature was notarized.
• The method used to identify that person (e.g., driver's license, passport, personal knowledge).
• A brief description of the document being notarized.
• The fee charged, if any.

Here are some examples illustrating the use of a notary record book:

• Real Estate Transaction: Imagine a couple selling their home who needs to sign the deed of sale in front of a notary public. The notary would record this transaction in their notary record book. They would log the date and time, note that it was an acknowledgment of signatures on a deed, record the names of the sellers, document how they verified the sellers' identities (e.g., by reviewing their state-issued driver's licenses), and briefly describe the deed. This entry creates an official, verifiable record of the notarization, which could be referenced if there were ever questions about the validity of the signatures on the deed.

• Power of Attorney for Medical Decisions: Consider an individual preparing for a medical procedure who wishes to grant their spouse a durable power of attorney for healthcare decisions. This critical legal document requires notarization. The notary would enter the details of this act into their notary record book, including the date, the type of act (likely an acknowledgment), the name of the individual granting the power of attorney, the identification method used, and a brief description of the document as a "Durable Power of Attorney for Healthcare." This record ensures that there is an independent, verifiable account of the notarization, which is vital for a document with such significant personal and legal implications.

• Affidavit for a Business Dispute: A small business owner needs to submit an affidavit (a sworn written statement) to a court as part of a commercial dispute. The affidavit must be signed under oath and notarized. When the business owner appears before the notary to sign the affidavit, the notary will make an entry in their notary record book. This entry would specify the date, the fact that a jurat (an oath or affirmation) was administered, the name of the business owner, the identification used, and a description of the document as an "Affidavit for Business Dispute." This record provides proof that the oath was properly administered and the signature was witnessed by a notary, lending credibility to the affidavit in legal proceedings.