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By law, as of January 25, 2023, New York notaries have to journal their notorial activities.
NEW YORK NOTARIES - Be proactive & adhere to the Law
How to stay in Compliance?
It is important for notaries public in New York State to understand and comply with the state's journaling requirement to avoid these potential consequences.
- Beginning January 25th, 2023, all notaries, including those notaries that only provide traditional in-person services, are required to keep a journal of all notarial acts performed which includes the type of identification provided, for 10 years. Additionally, electronic notaries must maintain a journal of all notarial acts as well as an audio & video record of all electronic notarial acts performed. Notary Public | Department of State (ny.gov)
- What type of Journals can be used for in-person notarizations? The journal can be paper or electronic. 182.2.e “Record” means information that is inscribed on a tangible medium or stored in an electronic or other medium and is retrievable in perceivable form. The term “record” includes an electronic record.
What information must be maintained in the journal?
“Traditional” notary journal must include:
- The date, approximate time and type of notarial acts performed
- The name and address of any individuals for whom a notarial act was performed
- The number and type of notarial services provided
- The type of credential used to identify the principal, including, for verification made where a notary relies on the oath or affirmation of two witnesses who identify themselves with a valid government issued ID and who know the document signer personally, the names of the witnesses and, if applicable, the type of credential used; and
- The verification procedures used for any personal appearance before the notary public.
- New York State requires notaries public to maintain a journal of all notarial acts they perform. If you are a notary public in New York State and you do not comply with this requirement, you could face penalties and fines.
- Under New York law, notaries who fail to keep a journal of their notarial acts can be subject to disciplinary action by the Department of State. This may include revocation or suspension of their notary public commission, as well as fines of up to $1,000 per violation.
- In addition, if you fail to maintain a journal and are later called upon to testify about a notarial act you performed, you may not have the necessary documentation to support your testimony. This could lead to legal issues and potential liability.
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