5.2 Record Keeping

New York's recordkeeping rule is one of the most important recent changes in notary law, and it is a near-certain exam topic because so many older study guides still get it wrong. For decades, a journal was merely recommended for ordinary New York notaries. That is no longer true. Under regulations that took effect on January 25, 2023, every New York notary must keep a journal of all notarial acts and retain it for at least 10 years.

The 2023 Journal Requirement

The new rule flowed from New York's adoption of electronic notarization under Executive Law Section 135-c and the implementing regulations in 19 NYCRR Part 182. While those regulations were primarily about authorizing electronic and remote online notarization, they also imposed a recordkeeping duty that sweeps in every notary — not just electronic ones.

The practical upshot: if an exam question implies that a traditional New York notary does not need to keep records, that statement is false under current law.

What Each Journal Entry Must Contain

The regulations specify the minimum information for every entry. A compliant New York journal entry must include:

1. The date and approximate time of the notarial act.
2. The type of notarial act performed (acknowledgment, oath/affirmation, proof of execution, deposition, or electronic act).
3. The name and address of each person for whom the act was performed.
4. The number and type of notarial services provided in the transaction.
5. The type of credential used to identify the principal (for example, the kind of government-issued photo ID), or the names of credible witnesses when witness identification is used.
6. The verification procedure used to confirm the personal appearance and identity of the signer.

For electronic notarial acts, the entry must also identify the communication technology and any identity-verification and certificate-authority providers used.

A Worked Journal Entry

Example: On March 4, 2026, at about 2:15 p.m., Maria Lopez appears in person and acknowledges her signature on a power of attorney. You verify her identity by a current New York State driver license. Your journal entry would read: Date/time: 2026-03-04, ~2:15 PM; Act: acknowledgment; Signer: Maria Lopez, 12 Elm St., Albany, NY; Services: 1 acknowledgment; Credential: NYS driver license; Verification: personal appearance, ID examined. That single line satisfies all six required elements — and would let you reconstruct the transaction years later if a court or the Department of State asked.

Notice what the entry does not include: a copy of the document itself. The journal records facts about the act, not the private contents of the signer's paperwork.

Electronic Notaries: The Audio-Video Add-On

Electronic and remote notaries carry a heavier burden. In addition to the written journal, they must create and keep an audio-video recording of each electronic notarial act for at least 10 years. The recording captures the live session in which the signer appeared remotely. As with the journal, the notary should record what the rules require and avoid capturing unnecessary private information beyond the act and the identity verification.

Storage, Security, and Why It Matters

Because journal entries contain names, addresses, and identification details, they must be secured — a locked drawer for a paper journal, or a protected, access-controlled system for an electronic one. The records must be capable of being produced to the Department of State or another authorized party on request. A notary who cannot produce required records risks a finding of misconduct.

The journal is also the notary's best defense. If a signer later claims forgery, or a title company questions whether an acknowledgment was properly taken, the contemporaneous journal entry is powerful evidence that the notary followed correct procedure.

Historical Context

Before 2023, New York stood out for being light on recordkeeping: no bond, no mandatory seal, and no required journal. The electronic notarization reforms tightened that posture. The bond and seal are still not required, but the journal now is — a meaningful shift that closes a long-standing gap and brings New York closer to the recordkeeping norms of other states.

Recap

The tested rule is straightforward: since January 25, 2023, all New York notaries must journal every act and keep the records for at least 10 years. Each entry needs the date/time, act type, signer name and address, services, credential, and verification procedure. Electronic acts add a 10-year audio-video recording and provider details.