Notary Public Underwriters Blog
Maintain “Sole Custody and Control” of Your Notary Record Book
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- Published: February 7, 2023
Many states in the U.S. require Notaries to create and keep a record of every notarial act they perform.
The Notary’s responsibility goes beyond creating a record of each notarial act in a record book designed for this purpose. “Keeping” notarial records also means a Notary must safely store and protect their active record book in-between notarizations, and safely store and protect all filled record books well.
The commonsense best practice of the Notary maintaining “sole custody and control” of their record book(s) has been around for as long as Notaries have kept records. In recent years states enacting a record book requirement have specified, in law or an administrative rule, that the Notary must maintain sole (exclusive) custody of the records. Some states prohibit a Notary from surrendering their records to another Notary or an employer. Sometimes these requirements are stated in the Notary handbook of the state official who issues Notary commissions.
Whether as a best practice or a requirement, maintaining sole custody and control of notarial records is a must to protect the privacy of all those who receive notarial services, and of others affected by a notarial act. A Notary must:
- Never share the same active record book with another Notary;
- Never leave the current, active record book or any filled record books where any other person can access them;
- Never allow an employer to control the Notary’s access to his/her/their own records;
- Never relinquish notarial records to an employer upon leaving that employer, unless state law provides an exception that applies to the situation.
Notaries, don’t hesitate… assess your current records management habits to ensure you’re maintaining “sole custody and control” of your notarial records, and meeting all related requirements. And of course, if you aren’t already keeping notarial records, begin doing that today.