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In-Person Paper Notarizations

Am I required by law to maintain a notary journal in Mississippi?

Yes, a notary public in the State of Mississippi must maintain a notary journal.

 

“A notary public must maintain a journal in which the notary public chronicles all notarial acts that the notary public performs” (MCA 25-34-37[1]).

Journal format

Paper/hardbound or electronic journal acceptable

 

“A journal must be created on a tangible or electronic medium” (MCA 25-34-37[2]).

Journal entry requirements

“Each journal of a notary public, whether maintained on a tangible medium or in an electronic format, must contain all of the following information in any order: 

  • 1. The name of the notary public as it appears on the commission;

  • 2. The notary public’s commission number;

  • 3. The notary public’s commission expiration date;

  • 4. The notary public’s office address of record with the Secretary of State;

  • 5. A statement that, in the event of the death of the notary public, the journal shall be delivered or mailed to the circuit clerk of the county of residence of the notary public;

  • 6. The meaning of any not commonly abbreviated word or symbol used in recording a notarial act in the notarial journal; and

  • 7. The signature of the notary public” 

(1 Miss. Admin. Code Pt. 5, R. 50.4.1.B).

Journal retention

10 years

  • “Ten (10) years after the performance of the last notarial act chronicled in a tangible journal, the journal must be destroyed by shredding or other destruction that leaves any entry in the journal illegible" (1 Miss. Admin. Code Pt. 5, R. 50.4.7.A).

  • “Ten (10) years after the performance of the last notarial act chronicled in an electronic journal, the journal must be destroyed by deleting any remaining records pertaining to the electronic journal and deleting any remaining tamper-evident technology in the notary’s possession” (1 Miss. Admin. Code Pt. 5, R. 50.4.7.B)

  • “Nothing in this section shall require a notary public to dispose of their notarial journal or journals if doing so would be in conflict with the law of another jurisdiction that requires a notary to keep the journal for a longer period of time” (1 Miss. Admin. Code Pt. 5, R. 50.4.7.B).

What happens to the journal upon resignation or death?

  • “On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public must deposit all journal records with the circuit clerk of the county of residence of the notary public” (MCA 25-34-37[5]).

  • “Upon the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall:

  • (a) Notify the Secretary of State of the death or adjudication in writing; and

  • (b) Within thirty (30) days of death or adjudication of incompetency, transmit all journal records to the circuit clerk of the county of residence of the notary public” 

  • (MCA 25-34-37[6]).

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of Mississippi?

No, notaries in the State of Mississippi are not authorized to perform remote online notarizations

Reference Links

Helpful resources for Mississippi Notaries

  1. Mississippi Notary Law

  2. “A Notary’s Guide to Completing Journal Entries”

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

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