4.1 Mandatory Notary Journal & Recordkeeping

4.1 Mandatory Notary Journal & Recordkeeping

With the passage of Public Act 102-0160 and its statutory incorporation into the Illinois Notary Public Act (5 ILCS 312/3-107), Illinois transitioned from recommending notary journals to making them strictly mandatory for all active notary publics (effective 2023/2024). This update establishes rigorous recordkeeping standards to deter identity fraud, safeguard signers, assist law enforcement, and provide essential evidentiary protection for notaries facing legal challenges. Every commissioned Illinois notary public must maintain a complete, permanent, sequential record of every notarial act performed, whether executed in-person or remotely, traditionally or electronically.

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Authorized Journal Formats: Tangible vs. Electronic Ledgers

The Illinois Notary Public Act permits notaries to choose between tangible paper journals and electronic journals. Regardless of format, the journal must satisfy statutory anti-tampering, security, and permanence standards under Ill. Admin. Code tit. 14, part 176.

+---------------------------------------------------------------------------------------------------+
|                                 ILLINOIS NOTARY JOURNAL FORMAT COMPARISON                         |
+---------------------------------------------------------------------------------------------------+
| Feature                    | Tangible (Paper) Journal            | Electronic Journal             |
+----------------------------+-------------------------------------+--------------------------------+
| Physical Form              | Bound paper book with numbered      | Tamper-evident electronic      |
|                            | pages and entry lines               | database or digital ledger     |
+----------------------------+-------------------------------------+--------------------------------+
| Anti-Tampering             | Permanently bound spine; missing    | Cryptographic hashing, audit   |
| Mechanism                  | pages indicate record tampering     | trail, read-only locking       |
+----------------------------+-------------------------------------+--------------------------------+
| Security Requirements      | Kept under physical lock & key in   | Password-protected, encrypted  |
|                            | notary's exclusive custody          | cloud or local storage         |
+----------------------------+-------------------------------------+--------------------------------+
| Principal Signature        | Wet ink signature on journal line   | Digital signature captured     |
| Entry                      |                                     | via stylus or signature pad    |
+----------------------------+-------------------------------------+--------------------------------+

1. Tangible (Paper) Journal Requirements

• Must be a permanently bound book containing consecutively numbered pages and pre-printed numbered entry lines.
• Using loose-leaf binders, spiral notebooks, memo pads, or electronic printouts in a folder is strictly illegal, as pages can be inserted or removed without detection.
• All entries must be made contemporaneously in ink at the time the notarial act is performed.

2. Electronic Journal Requirements

• Must be stored in a tamper-evident electronic format complying with Illinois Secretary of State rules.
• Must generate an unalterable audit trail where post-entry modifications or deletions are automatically flagged.
• Must be protected by strong password controls and encryption so unauthorized parties cannot access or alter entries.
• Electronic journals are mandatory when performing Electronic Notarizations or Remote Online Notarizations (RON).

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Ownership Rights & Employer Restrictions

A vital legal principle under 5 ILCS 312/3-107 governs ownership of the notary journal:

Statutory Ownership Rule: The notary journal is the exclusive personal property of the notary public.

Workplace Scenarios & Employer Prohibitions

Employers frequently pay for an employee's commission, surety bond, seal, and journal. However, paying these expenses grants the employer zero ownership rights over the notary's journal.

                  +-------------------------------------------------+
                  | EMPLOYMENT TERMINATION / RESIGNATION SCENARIO   |
                  +-------------------------------------------------+
                                           |
                                           v
            +-------------------------------------------------------------+
            | Employer Demand: "Surrender your journal & seal to HR!"     |
            +-------------------------------------------------------------+
                                           |
                                           v
            +-------------------------------------------------------------+
            | NOTARY'S MANDATORY RESPONSE (5 ILCS 312/3-107):              |
            | "No. The journal is my exclusive personal property by law." |
            +-------------------------------------------------------------+
                                           |
                                           v
            +-------------------------------------------------------------+
            | LEGAL OUTCOME: Notary retains journal; employer may keep     |
            | photocopies of work entries ONLY if permitted by notary.     |
            +-------------------------------------------------------------+

• Prohibition on Confiscation: Employers are strictly forbidden from retaining, confiscating, or demanding the surrender of a notary's journal upon employment termination or resignation.
• Access Restrictions: Employers cannot inspect journal entries pertaining to non-work transactions or personal notarizations performed outside office hours.
• Workplace Copies: If an employer requires records of work transactions, the notary may allow copies of specific line items pertaining strictly to company business. The original journal remains in the sole custody of the notary.
• Personal Liability Rationale: Because civil and criminal liability for an improper notarization falls upon the individual notary public, the notary must maintain exclusive possession of their evidentiary log.

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Minimum Retention Period Requirements

Record retention rules ensure evidentiary records remain available during litigation, real estate title disputes, or probate proceedings.

1. Seven-Year Mandatory Retention: A notary public must retain their official journal for at least seven (7) years after the date of the last entry recorded.
2. Surrender Upon Revocation or Death:
   • If a commission is revoked or suspended, the notary must surrender all journals to the Secretary of State Index Department immediately.
   • Upon the death or adjudicated incapacity of a notary, their legal representative or executor must send all journals to the Illinois Secretary of State within 30 calendar days.
3. Electronic Archive Preservation: Electronic journals must be preserved in a secure digital format readable throughout the 7-year retention period.

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Mandatory Loss, Theft, or Breach Notification

Because an official journal contains sensitive records, any compromise poses fraud risks. The law mandates a strict reporting protocol when a journal is lost, stolen, damaged, or breached.

Loss Reporting Protocol

• Strict 10-Business-Day Deadline: The notary **must notify the Illinois Secretary of State Index Department in writing the next business day after discovering that a journal is lost, stolen, destroyed, or compromised (14 Ill. Adm. Code rules implementing 5 ILCS 312/3-107).
• Reporting Details: The written notice must include the notary's name, commission number, loss date, circumstances, missing entry ranges, and police report number (if stolen).
• Electronic Breaches: If electronic journal access credentials or cloud databases are breached, the 10-business-day notification mandate applies equally.

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Key Takeaways Summary

• Mandatory Duty: Journaling is required for all notarial acts in Illinois under Public Act 102-0160 / 5 ILCS 312/3-107.
• Format Flexibility: Notaries may utilize permanently bound paper journals or tamper-evident electronic software.
• Exclusive Property: The journal belongs solely to the notary public; employers cannot retain or seize it upon employment termination.
• 7-Year Retention: Tangible and electronic journals must be preserved for a minimum of 7 years after the final entry line.
• 10-Day Loss Notice: Loss, theft, destruction, or electronic breach of a journal must be reported in writing to the Illinois Secretary of State the next business day after discovery.