6.2 Journal and Record Keeping

Section 4.2 established the legal rule: since January 25, 2023, every New York notary must keep a journal of all notarial acts and retain it for at least 10 years. This section focuses on the practical side — how to actually keep a compliant journal, how to secure the journal and stamp, and what happens to those records when a commission ends. The exam tests not only the existence of the rule but also good practice: a complete, contemporaneous, tamper-resistant record under the notary's sole control.

Making the Entry: Complete and Contemporaneous

A journal entry is only useful if it is made at the time of the act and captures the required facts. New York requires each entry to include the date and approximate time, the type of act, the signer's name and address, the number and type of services, the credential used to verify identity (or credible-witness names), and the verification procedure used for personal appearance.

Example: A signing agent notarizes a refinance package for a borrower at the borrower's home. She makes one journal line per notarial act in the package as she completes each one: act type (acknowledgment or jurat), borrower's name and address, the borrower's New York driver license as the credential, and 'in-person appearance, ID examined' as the verification. She writes each entry immediately, not from memory hours later — that contemporaneous timing is what makes the journal credible if the loan is ever disputed.

Journal Best Practices

Good journal hygiene protects both the signer and the notary:

1. Make entries contemporaneously — at or immediately after the act, never reconstructed later.
2. Leave no blank lines that could be filled in afterward; draw a line through unused space.
3. Never backdate or alter an entry to hide a mistake. If you must correct an error, line through it so the original remains legible, write the correction, and date/initial it.
4. Record the required facts only — do not paste in the signer's private document contents or Social Security number; the journal proves the act, it is not a copy file.
5. Number pages (for a bound paper journal) so a missing page is obvious.
6. Keep one journal under your sole control rather than sharing a communal book.

Securing the Journal and Stamp

Because journal entries hold names, addresses, and identification details, and because a stamp personally identifies you, both must be secured against unauthorized access:

If an employer provides the journal, the records still document your acts; you remain responsible for their integrity and retention, and you should be able to access them for the full retention period.

Electronic Acts: The Recording

Electronic and remote notaries add an audio-video recording of each electronic notarial act to the record set, retained for at least 10 years, plus the communication technology and verification providers used. The recording and the journal together reconstruct a remote session. Capture what the rules require — the act and the identity verification — and avoid recording unnecessary private information beyond that.

What Happens When the Commission Ends

A commission lasts four years. When it expires (or the notary resigns), three things happen, and students frequently confuse them:

1. Stop notarizing. Authority to perform notarial acts ends with the commission. Using an expired commission is misconduct.
2. Retire the stamp. If you used a rubber stamp, stop using it and destroy it (or retire it) so it cannot be misused. If you renew, obtain a stamp reflecting the new commission information.
3. Keep the journal. This is the key point: ending the commission does not end the recordkeeping duty. You must continue to preserve the journal and any recordings for the remainder of the 10-year retention period for each act. A notary cannot discard records just because the commission lapsed.

Example: A notary's commission expires in 2026, and they decide not to renew. They destroy their stamp and stop notarizing — but a notarization they performed in 2024 still has its journal entry retained until at least 2034. Throwing the journal away in 2026 would violate the retention rule.

Why This Matters Beyond the Exam

The journal is the notary's single best protection. If a signer later alleges forgery, or a court or the Department of State investigates a complaint, a complete contemporaneous entry shows exactly who appeared, how they were identified, and what act was performed. A missing or sloppy journal, by contrast, leaves the notary unable to prove proper procedure — which is why New York elevated journaling from best practice to legal duty.

Recap

Practically, compliant journal-keeping in New York means complete, contemporaneous, tamper-resistant entries kept under your secure, sole control for at least 10 years. Electronic acts add an audio-video recording. When the commission ends, retire the stamp but keep preserving the journal until the retention period runs out for every act.