1: Not Journalizing for Repeat Signers
It's a common misconception among Notaries that a repeat signer doesn't require a new journal entry. In states like California and Texas, where journaling is mandatory, each official act demands a distinct journal entry. Exceptions exist in Arizona, where satisfactory evidence is required only the first time for repeat notarizations within 6 months. Nevada allows a single entry for multiple acts performed simultaneously. Yet, caution is vital, as adherence to journaling rules is crucial to avoid legal complications.
Even in states where journaling isn't mandatory, omitting a journal entry poses legal risks in case of future disputes. Evidence of proper notarization is essential for liability protection.
Misconception 2: Photocopying Signer's Documents
Some Notaries mistakenly believe that photocopying a signer's documents enhances security. However, in most states, Notaries must only gather information necessary for journal entries, and photocopying may breach privacy. Exceptions in states like Arkansas, where a copy of a copy-certified document can be retained, underscore the rarity of such allowances.
States like Texas prohibit recording identification numbers in journals. Therefore, Notaries should adhere to state-specific guidelines, avoiding unnecessary actions that may compromise privacy.
Misconception 3: Employer Ownership of Notary Journal
Another misconception pertains to the ownership of the Notary journal. It is unequivocally the Notary's property, regardless of who paid for it. Even if an employer facilitated its purchase, the Notary retains ownership. Exceptions exist, like in Arizona, where nonpublic records may be kept by the employer if the Notary leaves. Oregon allows employers to retain journals based on agreements, provided Notaries keep copies. In California, while the journal belongs to the Notary, an employer may request copies related to business purposes, respecting the Notary's presence during copying.
Understanding these misconceptions is crucial for Notaries to fulfill their responsibilities and maintain legal compliance.
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