Most notarial acts relate to another person signing or certifying a document, but not all notarial acts
fall within those two categories. Any time a notary public performs a notarial act in his or her official
capacity as a notary public, the act must be included in the notary public’s official journal.
The Basics: Date, Time and Type of Each Official Act
Each notarial act must be a separate journal entry, and each notarial act must include the date, time,
and type of official act. Do not confuse the type of act with the type of document receiving the notarial
certificate. These are not the same.
Note
: The type of act is the form of certificate the notary public
uses, such as a certificate of acknowledgment or jurat.
Be Compliant. Be Specific: Capture the Character of Each Instrument
The character of a document refers to the type of document such as a deed of trust, affidavit, deed
of reconveyance, or power of attorney. The type of document determines whether or not a thumb
print must be taken. Using terms such as “loan docs” or “mortgage docs” is too general a description
and does not meet the specificity requirements of California Government Code section 8206(a)(2)(B).
For example, if the document is a deed of trust, Interspousal Agreement, or a power of attorney, etc.,
the type of document should be indicated precisely as to leave no doubt as to the type of document
notarized in the event the notary public is asked to provide a line item entry from his/her journal.
Sign Here Please: Signatures for Each Line Item in the Journal
Not only must a notary public have a separate journal entry for each type of notarization, a specific
description of the document, and the time and date of the official act, you must obtain a signature
for each line item. If one person’s signature is notarized multiple times, it is not enough to capture the
signature only once on a diagonal line drawn through several line items to show one person signed
multiple documents. This is contrary to notary public law. (California Government Code section 8206(a)
(2)(C).)
A notary public may be asked to produce a line item from his or her journal. If there is only a diagonal
line drawn through multiple entries with a single signature across the line, the copy of the line item only
will have a partial signature at best and will fail to meet legal requirements for the journal entry, which
may lead to legal consequences for the notary public, as well as, to the customer and public. Protect
yourself and protect your commission: Capture a signature on every line item, every time.
Identification: Ask for it; Review it; Journal it.
Documenting how the signer’s identification was established is critical to completing a journal entry
properly. Always require the signer to appear in person before you with proper identification.
You must rely upon “satisfactory evidence,” as defined in California Civil Code section 1185, to establish
the signer’s identity. The identification document either must be current or must have been issued
within five (5) years, and must include the governmental agency issuing the identification, the serial
number or identifying number of the identification document, a photograph and description of the
person named on it, and the date of issuance or date of expiration of the identifying document. It is
imperative that the notary public verifies that the required elements are present, prior to performing
a notarial act.