The Legal Basis: Government Code §8206
California's notary journal requirement is one of the oldest and most detailed in the country. Government Code §8206 mandates that every California notary public keep a sequential journal of all official acts. This is not a recommendation — it is a statutory requirement with enforceable consequences for non-compliance.
The requirement covers acknowledgments, jurats (oaths and affirmations with signature), oaths and affirmations, and certifications of copies of power of attorney documents. In practice, California notaries must journal essentially every notarial act they perform.
What Must Be Recorded in Every Journal Entry
For each notarial act, California Government Code §8206 requires the following to be recorded:
- Date and time of the notarial act
- Type of notarial act (acknowledgment, jurat, etc.)
- Character of the document notarized — describe the type of document (e.g., "deed of trust," "promissory note," "grant deed")
- Name and address of each signer
- The signature of each signer in the journal
- Identification document information: type of ID presented, the ID number, and the expiration date of the ID
- Fee charged (or a notation that no fee was charged)
The Thumbprint Requirement
California has a thumbprint requirement that goes beyond any other state: for deeds, quitclaim deeds, deeds of trust, security agreements, and any notarized instrument affecting real property, the signer must provide their right thumbprint in the notary's journal.
This requirement applies specifically to documents affecting title to real property — which means it applies to virtually every document a loan signing agent notarizes. The thumbprint requirement cannot be waived. If a signer refuses to provide a thumbprint for a real property document, you may not notarize that document.
Journal Format Requirements
California law is specific about the journal's physical format:
- Must be a bound book — not spiral-bound, not a loose-leaf binder, not a digital record for traditional notarizations
- Entries must be made in sequential order — you cannot leave blank lines, skip entries, or go back and fill in entries
- Entries must be made in ink
- The journal must be kept in a locked, secure location when not in use
- The notary — not their employer — owns and controls the journal
The sequential requirement is strict: if you make an error in an entry, draw a single line through the error, initial it, and continue. Do not use correction fluid. Do not tear out pages.
Retention and Surrender Requirements
California's journal surrender requirements are unique in the country:
- The journal must be kept for at least 10 years from the date of the last entry
- Upon death of the notary: the executor or personal representative must deliver the journal to the county clerk of the county where the notary was commissioned within 30 days
- Upon resignation or revocation of the commission: the notary must deliver the journal to the county clerk within 30 days
- Upon expiration without renewal: the notary must deliver the journal to the county clerk within 30 days
This surrender requirement is not optional. A notary who fails to deliver their journal to the county clerk as required may be subject to civil liability. The county clerk retains the journal as a public record.
Access to Journal Records
A California notary's journal is a private document while the commission is active — the notary controls who sees it. However:
- Any member of the public may request a copy of a specific journal entry (not the entire journal) in writing, stating the specific reason for the request
- The notary may charge a fee of up to $0.30 per page for copies
- Once surrendered to the county clerk, the journal becomes a public record accessible to any person
- Law enforcement may access the journal under a court order or valid subpoena
Electronic Notarization Journal Requirements
California has authorized electronic notarization for certain documents. Electronic notarization under California Government Code §8100.5 requires a separate electronic journal that meets the Secretary of State's technical specifications. The traditional journal requirements (sequential, bound book) apply to paper-based notarizations; the electronic journal requirements apply to electronic notarizations.
California had not yet enacted comprehensive Remote Online Notarization legislation as of 2025 — verify current status with the California Secretary of State before performing RON in California. See our California RON guide for current status.
California Notary Commission Facts
| Element | Requirement |
|---|---|
| Governing authority | California Secretary of State |
| Commission term | 4 years |
| Exam required | Yes — written exam required |
| Background check | Yes — live scan fingerprinting |
| Bond required | $15,000 surety bond |
| Journal required | Yes — for all notarial acts |
| Thumbprint required | Yes — for all real property documents |
| Journal retention | 10 years minimum |
| Journal surrender | To county clerk within 30 days of commission end |
Frequently Asked Questions
A notary whose journal is lost, stolen, or destroyed must notify the California Secretary of State in writing within 10 days of discovering the loss. You should also file a police report if the journal was stolen. Losing a journal is a serious matter — it means losing the contemporaneous record of every notarial act you've performed, and it may expose you to civil liability if a dispute arises about any of those acts. Keep your journal in a locked location when not in use, and never leave it in your car.
No. Under California law, the notary — not the employing company or signing service — owns the journal. A signing service, employer, or title company cannot legally require you to turn over your journal or to allow access to it beyond what is authorized by law. This is an important protection: your journal protects you, and its security is your responsibility alone.
Yes. California Civil Code §1185 allows a notary to verify a signer's identity through one or two credible identifying witnesses under specific conditions. One credible witness must personally know both the signer and the notary (or alternatively, two credible witnesses who personally know the signer but not the notary may be used). The witness(es) must swear or affirm the signer's identity, and the notary must journal the witness(es)' names, addresses, and ID information. This is a formal statutory process — not an informal workaround.
As of 2024, California allows notaries to charge a maximum of $15 per notarial act (each signature notarized). This fee cap applies to the notarial act itself, not to travel fees or document printing fees, which may be charged separately. Note that as a loan signing agent, your appointment fee covers all notarial acts in the package — you do not bill the borrower separately for each notarization.