Understanding Journal Recordkeeping Requirements for MD Notaries
Last Edited: August 21, 2024
Notice: The information in this blog has been corrected For the most up-to-date and accurate information, please read the blog post titled, Correcting the Record on Journal Requirements for MD Notaries.
Clarifying Tangible and Electronic Recordkeeping
As notaries, it is important to adhere to state guidelines to ensure the validity and legality of our notarizations. Recently, Maryland Notaries In Action Organizer Candice Willie revisited a key statement from the Maryland Notaries Handbook (January 2024 edition) from the Office of the Secretary of State's, found on page 21 (Notary Recordkeeping Part IV) of their guidelines:
"A journal may be created on a tangible medium (on paper, in book form) or in an electronic format. A notary public shall maintain only one journal at a time to chronicle all notarial acts performed regarding tangible records, and one or more journals to chronicle all notarial acts performed regarding electronic records. If the journal is maintained on a tangible medium, the journal must be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format, the journal must be in a permanent, tamper–evident electronic format that complies with the law and any regulations adopted by the Secretary of State."
In 2023, the statement was understood that a Notary could possess either a hardbound or electronic journal such as Jurat Inc. to maintain all sequential notarial acts or an electronic journal to maintain all sequential notarial acts. However, after reading the Notary Recordkeeping section in the Maryland Notaries Handbook January 2024 edition, Candice interpreted the statements as:
“If the notarial act is on a tangible record the journaling must occur in a hardcopy journal and if the notarial act is an electronic record then the journaling must occur in the electronic format during the remote online notarization session on the remote online notarization platform.”
The revised interpretation shared with a staff member at the Office of the Secretary of State was confirmed as correct. Here is the response from the staff:
“You can only use an electronic journal for electronic notarizations. A notarization on a tangible record requires a tangible journal.”
Now, let’s delve further into the statement to discover how other notaries could possibly misinterpret this law/regulation.
Misinterpretation Breakdown.
Unified Journal Concept: The phrase "one journal at a time" could be interpreted to mean that a single journal, whether physical or electronic, can be used to record all types of notarial acts which might lead notaries to believe they can consolidate their recordkeeping into one medium, such as an electronic journal, for convenience.
Electronic Journal Assumption: With the increasing prevalence of digital tools and platforms, notaries might assume that an electronic journal, which offers ease of access and organization, can serve as the sole journal for tangible and electronic records. The efficiency and security features of electronic journals like Jurat Inc. might further reinforce this assumption.
Ambiguity in Language: The statement does not explicitly prohibit the use of an electronic journal for tangible records. The distinction between "tangible" and "electronic" records is mentioned, but there is ambiguity on the direct form or format of the journal for each type, notaries might interpret the guidance in a way that fits their preference for digital solutions.
How This Misinterpretation Happens
Technological Adaptation: As notaries become more comfortable with technology, the idea of maintaining a physical journal might seem outdated or cumbersome. They might default to using an electronic journal for all records, assuming it is acceptable.
Efficiency and Convenience: Electronic journals offer significant advantages, such as searchability, backup options, and integration with notarial platforms. These benefits might lead notaries to believe that using an electronic journal for tangible records is more practical and efficient.
Lack of Explicit Prohibition: Since the statement does not explicitly state that tangible records must be recorded in a physical journal, notaries might not see any issue with using an electronic journal for all notarial acts. The perceived flexibility in the language might lead to this interpretation.
Clarification
To ensure proper compliance, it's important to reiterate that the correct interpretation requires maintaining distinct journals for tangible and electronic records:
Tangible Records: Must be recorded in a physical, hardcopy journal. This ensures a clear, compliant record of all notarial acts performed on physical documents.
Electronic Records: Must be recorded in an electronic journal, typically integrated with the RON platform, to maintain accurate and secure records of digital notarizations.
What does this mean for our notarial practice?
Tangible Records: These are physical documents, such as paper contracts, deeds, or affidavits. For all notarial acts performed on tangible records, notaries must maintain a hardcopy journal. This means every act, from signatures to seals, should be meticulously recorded in a physical journal that you keep securely.
Electronic Records: These refer to digital documents that are notarized electronically, often through remote online notarization (RON) platforms. But, applies to In-Person Electronic Notarization (IPEN) as well. For these notarial acts, entries must be recorded in an electronic journal, typically integrated into the RON platform. This ensures that all electronic notarizations are securely logged and easily accessed when needed.
Conclusion
Understanding and adhering to the correct journal-keeping practices is essential for Maryland notaries. It ensures compliance with state guidelines and maintains the integrity of notarial acts. By distinguishing between tangible and electronic records and using the appropriate journals for each, notaries can avoid potential legal issues and uphold the trust placed in their professional services.
Hopefully, the information shared here helps notaries clearly understand that they should not record journal entries for tangible records in an electronic journal and vice versa, and the separation keeps us compliant.
Staying informed is essential for maintaining best practices in notarial work. Subscribe to the Maryland Notaries In Action website and receive updates on the latest information on notarial laws and practices to ensure your notarial acts remain in compliance with Maryland state guidelines. By keeping up-to-date, you can continue to provide reliable and professional services, preserving the trust and confidence placed in you as a notary.
For any further clarification or questions, feel free to reach out to the Secretary of State's office by email [email protected] or phone (410) 974-5521 or revisit your current laws and regulations. Also, please spread the word to any Maryland Notary Public who is currently utilizing an electronic journal for tangible records.
Let’s continue to support and inform one another and perform our duties with diligence and accuracy, maintaining the esteemed reputation of Maryland notaries.
