5.2 Journal Requirements
Key Takeaways
- Utah Code 46-1-13 and SB 139 (2026) phase in a mandatory journal for new and renewing notaries effective May 6, 2026, ending the old optional regime
- Remote Online Notarization has always required an electronic journal, separate from the audio-visual recording
- Each entry must capture date/time, type of act, document description, satisfactory evidence of identity, an indication of oath/affirmation, the signer's signature, printed name, and address, and the fee charged
- A paper journal must be permanently bound with sequentially numbered pages so entries cannot be removed or reordered
- Journals and RON recordings are retained at least 10 years after the last act, then destroyed in a way that renders the data irretrievable
From Recommended to Required
The Utah notary journal is the permanent, chronological record of every notarial act. Historically Utah only recommended a journal for in-person work while requiring an electronic journal for remote notarization. That changed with SB 139 (2026 General Session), which amended Utah Code 46-1-13 to make a journal mandatory. The requirement is phased in: it applies to new and renewing notaries effective May 6, 2026, so existing commissions are not disrupted mid-term but pick up the duty at renewal.
One narrow carve-out survives: notaries who are employees of a law firm or title company may be exempt from the personal-journal mandate, because their employer maintains transaction records. The exam may test that the modern Utah answer is "a journal is required" rather than the older "recommended."
Why the Journal Matters
| Function | Benefit |
|---|---|
| Record keeping | Documents every act in one chronological place |
| Self-protection | Rebuts false claims that a signing did not occur |
| Evidence | Supports the notary if a notarization is challenged in court |
| Fraud deterrence | Creates accountability and discourages misuse |
| Recall | Lets the notary reconstruct details years later |
The journal is the notary's best defense in a forgery or undue-influence dispute: a contemporaneous entry showing the signer appeared, was identified, and signed is powerful corroboration.
Required Entries (Utah Code 46-1-13)
For each notarial act, the journal entry must include:
| Field | What to record |
|---|---|
| Date and time | When the act was performed |
| Type of act | Acknowledgment, jurat, oath/affirmation, signature witnessing, copy certification |
| Document description | Title or short description (deed, POA, affidavit) |
| Evidence of identity | The satisfactory evidence used — ID type, issuer, number, expiration, or personal knowledge / credible witness |
| Oath / affirmation | An indication that an oath or affirmation was administered (for jurats and oaths) |
| Signer's signature | The signer signs the journal |
| Printed name and address | The signer's printed name and current address |
| Fee charged | An indication of the fee, including "$0" / "no charge" |
Do not record the document's full contents or the signer's Social Security number — the journal is a public record and should not store unnecessary sensitive data.
Format and Security
- A paper journal must be permanently bound with consecutively numbered pages so entries cannot be torn out or reordered. Loose-leaf or spiral pads are unacceptable.
- The notary keeps the journal under personal control; no one else may make entries, and it must not be left unattended during a signing.
- For Remote Online Notarization (RON), an electronic journal is mandatory and is separate from the audio-visual recording. The e-journal also logs the identity-verification method, the IP address of the principal, and the platform used.
Retention — the 10-Year Rule
Utah law requires the journal to be retained at least 10 years after the last notarial act recorded in it. RON audio-visual recordings are likewise retained at least 10 years (note: some older study materials say five — the current rule is ten). After the retention period the notary must destroy the journal/recording so the data is irretrievable (shredding paper; secure erasure and overwriting of electronic records and all backups). Never discard or destroy a journal early, and retain it even after the commission expires.
Exam Hot Spots
- Modern Utah answer: a journal is mandatory (SB 139, phased in May 6, 2026) — not merely recommended.
- RON always requires an electronic journal, separate from the recording.
- Paper journals must be bound with numbered pages.
- Retain journals and RON recordings ≥ 10 years, then destroy so data is irretrievable.
Completing an Entry Step by Step
A clean journal entry is made at the time of the act, not reconstructed later. Walk the signer through it before they leave:
- Date and time of the act.
- Type of act — write "acknowledgment," "jurat," "oath," etc., not a vague "notarized."
- Document description — "Warranty Deed," "Durable Power of Attorney," "Affidavit of Heirship."
- Evidence of identity — record the ID type, issuing authority, ID number, and expiration; or note "personal knowledge"; or, if a credible witness vouches, record the witness's name, ID, and have the witness sign.
- Oath/affirmation indicator — check the box for jurats and oaths to show the verbal ceremony occurred.
- Signer signs the journal, and you record the printed name and address.
- Fee charged, including "$0."
Common journal traps
| Trap | Correct practice |
|---|---|
| Letting the signer take the journal to fill in later | Entry is completed in the notary's presence at the time of the act |
| Recording the document's full text | Record only a short description |
| One shared signature line for multiple signers | Each signer signs their own entry |
| Leaving the ID field blank on a "trusted" signer | Always record the evidence of identity used |
| Tearing out a page after an error | Line through the error, initial it, and continue — never remove pages |
Special Situations
- Refused or incomplete acts: if you decline to notarize (e.g., signer cannot be identified, appears coerced, or the certificate is blank), best practice is to log the refusal and the reason. It documents that you exercised due diligence.
- Credible witness identifications: the witness's vouching is itself recorded so the chain of identity is auditable.
- RON-specific fields: the electronic journal additionally captures the identity-proofing method (credential analysis, knowledge-based authentication), the signer's IP address, and the platform/vendor — data a paper journal never holds.
- After the commission ends: the duty to retain the journal survives expiration, resignation, and revocation. You keep it the full 10 years even though you can no longer notarize, then destroy it so the data is irretrievable. Do not hand the journal to your former employer unless you are an exempt law-firm/title-company employee whose employer is the record custodian.
How long must a Utah notary retain the journal after the last notarial act recorded in it?
Which statement best reflects current Utah journal requirements?
Which item should NOT be recorded in a Utah notary journal entry?