§ 319. Journal.
(a) Maintenance.--A notary public shall maintain a journal in which the notary public records in chronological order all notarial acts that the notary public performs.
(b) Format.--A journal may be created on a tangible medium or in an electronic format. A notary public may maintain a separate journal for tangible records and for electronic records. If the journal is maintained on a tangible medium, it shall be a bound register with numbered pages. If the journal is maintained in an electronic format, it shall be in a tamper-evident electronic format complying with the regulations of the department.
(c) Entries.--An entry in a journal shall be made contemporaneously with performance of the notarial act and contain all of the following information:
(1) The date and time of the notarial act.
(2) A description of the record, if any, and type of notarial act.
(3) The full name and address of each individual for whom the notarial act is performed.
(4) If identity of the individual is based on personal knowledge, a statement to that effect.
(5) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and any identification credential presented, including the date of issuance and expiration of an identification credential.
(6) The fee charged by the notary public.
(d) Loss or theft.--If a journal is lost or stolen, the notary public shall promptly notify the department on discovering that the journal is lost or stolen.
(e) Termination of office.--A notary public shall deliver the journal of the notary public to the office of the recorder of deeds in the county where the notary public last maintained an office within 30 days of:
(1) expiration of the commission of the notary public, unless the notary public applies for a commission within that time period;
(2) resignation of the commission of the notary public; or
(3) revocation of the commission of the notary public.
(g) Death or incompetency.--On the death or adjudication of incompetency of a current or former notary public, the personal representative or guardian of the notary public or a person knowingly in possession of the journal of the notary public shall deliver it within 30 days to the office of the recorder of deeds in the county where the notary public last maintained an office.
(g.1) Certified copies.--A notary public shall give a certified copy of the journal to a person that applies for it.
(1) A journal and each public record of the notary public are exempt from execution.
(2) A journal is the exclusive property of the notary public.
(3) A journal may not be:
(i) used by any person other than the notary public; or
(ii) surrendered to an employer of the notary public upon termination of employment.Section: Previous 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 Next
Last modified: October 8, 2016