In-Person Paper Notarizations
Am I required by law to maintain a notary journal in Minnesota?
No, a notary public in the State of Minnesota is not required to maintain a notary journal. However, if remote online notarizations are legal in the State of Minnesota and the notary public is performing online notarizations, they may want to check any specific guidelines surrounding record keeping for remote online notarizations.
Recommended best practices for notary journals
Although the State of Minnesota does not require a notary public to complete a notary journal by law, it is considered “best practice” to maintain a notary journal to protect the notary public from lawsuits and potential liabilities.
The following pieces of information are considered “best practice” to collect in a notary journal
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Date and time of each notarial act
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A description of the document and type of notarial act (e.g., Deed of trust, Acknowledgment)
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The printed full name, signature and address of each person for whom a notarial act is performed.
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A description of the identification document, its serial or identification number and its date of issuance or expiration
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The fee charged for the notarial service
It is important to remember that these “best practices” are just recommendations, and that a notary can include more or less information as long as they remain compliant with their State code.
Remote Online Notarizations
Is Remote Online Notarization (RON) approved in the State of Minnesota?
Yes, notaries in the State of Minnesota are authorized to perform remote online notarizations
Do I have to record the Remote Online Notarization session?
Yes
“The remote online notary public shall create an audio and video copy of the performance of the notarial act” (MS 358.645, Subd. 4[b]).
What is the retention period for RON recordings?
10 years
“The electronic journal required by [MS 358.645, Subd. 4] paragraph (a) and the recordings required by paragraph [MS 358.645, Subd. 4] (b) shall be maintained for at least ten years after the date of the transaction or proceeding."
Do I have to log RON sessions in a journal?
Yes
“A remote online notary public shall keep one or more secure electronic journals of notarial acts performed by the remote online notary public” (MS 358.645, Subd. 4).
Journal format
Electronic journal required
“A remote online notary public shall keep one or more secure electronic journals of notarial acts performed by the remote online notary public” (MS 358.645, Subd. 4).
Journal entry requirements
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(1) the date and time of the notarization;
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(2) the type of notarial act;
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(3) the type, the title, or a description of the electronic document or proceeding;
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(4) the printed name and address of each principal involved in the transaction or proceeding;
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(5) evidence of identity of each principal involved in the transaction or proceeding in the form of:
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(i) a statement that the person is personally known to the remote online notary public;
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(ii) a notation of the type of identification document provided to the remote online notary public; or
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(iii) the following: (A) the printed name and address of each credible witness swearing to or affirming the person's identity; and (B) for each credible witness not personally known to the remote online notary public, a description of the type of identification documents provided to the remote online notary public; and
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(6) the fee, if any, charged for the notarization.
Journal retention
10 years
“The electronic journal required by [MS 358.645, Subd. 4] paragraph (a) and the recordings required by paragraph [MS 358.645, Subd. 4] (b) shall be maintained for at least ten years after the date of the transaction or proceeding."
Reference Links
Helpful resources for Minnesota Notaries
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358.645 REMOTE ONLINE NOTARY PUBLIC.
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Minnesota Secretary of State Website
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“A Notary’s Guide to Completing Journal Entries”
Disclaimer
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