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New regulations regarding notaries became effective on January 25, 2023 (19 NYCRR, Chapter V, Subchapter E, Sections 182.2-182.11). Among other things, the new regulations require that notaries maintain a journal of each notarial act. The journal entry must be made contemporaneously with the performance of the notarial act.
Pursuant to Section 182.9(a) of the Regulations, the journal entry must include:
- the date, time, and type of notarial acts performed (for example, acknowledgement on a deed or an oath on an affidavit);
- the name and address of any individuals for whom a notarial act was performed;
- the number and type of notarial services provided (for example, an acknowledgement on 1 deed and oaths on 3 affidavits);
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the type of credential used to identify the signer (for example, driver’s license or passport). The regulations require that the form of identification must be current but do not require the notary to retain a copy of the identification or to enter any personal information such as a driver’s license number in the journal. If the signer is personally known to the notary, identification is not required, but the journal must state that the signer is personally known to the notary; and
- for electronic notarial acts, identification of the communication technology and, if not included as part of the communication technology used by the electronic notary, the certification authority and verification providers used. (More on electronic notarization in my next Title Topic.)
The journal entries must be retained by the notary public for at least ten years and must be capable of being produced to the secretary of state and others as necessary in relation to the performance of the notary public’s obligations.
Notary journals are available at Staples and other office supply stores or online at www.nationalnotary.org.
Click here for a copy of the regulation.
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