4.2 Journal Requirements
Key Takeaways
- ORS 194.300 requires every Oregon notary to keep one or more journals chronicling all notarial acts performed
- A tangible journal must be a permanent, bound register with numbered pages; an electronic journal must be a permanent, tamper-evident format approved by the Secretary of State
- Each entry must include date and time, description and type of act, each individual's name and address, the identification method, the signer's signature, and any fee charged
- Journals must be retained for 10 years after the last notarial act chronicled in them - this applies to paper and electronic journals alike
- A lost or stolen journal must be reported to the Secretary of State promptly upon discovery
The Mandatory Journal (ORS 194.300)
Oregon requires a journal. A notary public must maintain one or more journals in which the notary chronicles all notarial acts performed. The journal is the notary's permanent evidentiary record - it protects the notary if a signature is later challenged in court and is the single most common subject of a Secretary of State audit.
Approved Journal Formats
A journal may be on a tangible medium or in an electronic format, and either format may record acts for paper or electronic documents.
| Format | Statutory requirement |
|---|---|
| Tangible (paper) | A permanent, bound register with numbered pages - loose-leaf binders, spiral notebooks, and index cards are not permitted |
| Electronic | A permanent, tamper-evident electronic format that complies with the rules of the Secretary of State |
The "bound, numbered pages" rule exists to make tampering obvious: a missing or out-of-sequence page is immediately visible.
Required Entries for Each Act
Entries must be made contemporaneously (at the time of the act). ORS 194.300 requires each entry to contain:
| Entry | Detail |
|---|---|
| Date and time | When the act was performed |
| Description and type of act | E.g., acknowledgment, jurat, oath, copy certification, and a description of the record |
| Each individual's full name and address | For every person for whom the act is performed |
| Personal-knowledge note | A statement if identity was based on the notary's personal knowledge |
| Identification method | Type of ID credential and issuing agency, if identity was by ID |
| Signature of each individual | The signer signs the journal |
| Fee charged | Any fee collected (or zero) |
Trap: A notary may not record a signer's full Social Security number or a complete copy of the identification document; over-collection of sensitive data is itself a compliance risk. Record the method and credential type, not the entire SSN.
Retention: 10 Years for Every Journal
This is the most frequently mis-stated fact about Oregon journals. ORS 194.300 requires the notary to retain the journal for 10 years after the performance of the last notarial act chronicled in it. This is not a RON-only rule - it applies equally to paper and electronic journals. Even after a commission expires, is resigned, or is revoked, the 10-year clock continues running on the last entry.
| Journal type | Retention period |
|---|---|
| Tangible (paper) | 10 years after the last entry |
| Electronic | 10 years after the last entry |
Ownership and Employer Agreements
The journal belongs to the notary, even if the notary is employed. An employer may retain the records only if the notary has signed a written agreement (see OAR 160-100-0360) allowing the employer to retain and dispose of the notarial records after employment ends. The notary must keep a copy of that agreement, which the Secretary of State may examine on request.
| Situation | Who keeps the journal |
|---|---|
| Self-employed notary | Notary |
| Employed, no agreement | Notary (keeps it after leaving the job) |
| Employed, signed retention agreement | Employer may retain per the agreement |
Security and Loss
- Keep the journal under the notary's exclusive control; store it in a secure, locked location when not in use.
- Never allow another person to make entries.
- If the journal is lost or stolen, notify the Secretary of State promptly upon discovering the loss.
Disposition When the Commission Ends
A journal does not get thrown away when a commission stops. Because the 10-year clock runs from the last entry, an expired or resigned notary still holds active records. ORS 194.300 contemplates disposition planning so the records survive the notary.
| Event | What happens to the journal |
|---|---|
| Commission expires (not renewed) | Notary keeps the journal and retains it for the balance of the 10-year period |
| Resignation | Same retention duty continues |
| Revocation | Retain records; follow any Secretary of State directive |
| Death or incapacity | A guardian, conservator, agent, or personal representative retains the journal (or arranges a repository) for the remaining period |
This is why the front of a bound journal commonly records the notary's name, commission number, and instructions for who should hold the records if the notary dies or becomes incapacitated - it tells a personal representative what to do.
Worked Scenario: A Challenged Signature
Suppose a deed signed two years ago is challenged in court, with a claim that the signer never appeared. The notary's defense is the journal entry: the date and time, the description of the deed, the signer's printed name and address, the method of identification (for example, an Oregon driver license), and the signer's own signature in the book. A complete, contemporaneous entry corroborates that the signer personally appeared and was identified. A missing or sloppy entry leaves the notary exposed.
This is the practical reason Oregon requires journals - and why best practice is to record every act, including oaths, jurats, and copy certifications, not only the statutory minimum.
Exam Cheat Sheet
- Format: bound, numbered pages (paper) or tamper-evident approved (electronic).
- Entry must capture date/time, act type, each signer's name and address, ID method, signature, and fee.
- Retain 10 years after the last entry - all journals, not just RON.
- Journal belongs to the notary absent a signed employer agreement.
- Report a lost/stolen journal to the Secretary of State promptly.
- On death/incapacity, a representative retains the records for the remaining period.
What format does ORS 194.300 require for a tangible (paper) Oregon notary journal?
How long must an Oregon notary retain a journal after the last notarial act recorded in it?
A notary employed by a title company has no written agreement about journal retention. The notary quits. Who keeps the journal?