In-Person Paper Notarizations
Am I required by law to maintain a notary journal in New Hampshire?
No, a notary public in the State of New Hampshire is not required to maintain a notary journal. However, if remote online notarizations are legal in the State of New Hampshire 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 New Hampshire 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 New Hampshire?
Yes, notaries in the State of New Hampshire are authorized to perform remote online notarizations
Do I have to record the Remote Online Notarization session?
Yes
“A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [t]he notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act” (RSA 456-B:6-a.III[c]).
What is the retention period for RON recordings?
10 years
“Unless a different period is required by rule adopted under subparagraph VIII(d), the recording must be retained for a period of at least 10 years after the recording is made” (RSA 456-B:6-a.VI).
Do I have to log RON sessions in a journal?
Yes
“A notary public shall maintain a journal in which the notary public chronicles all notarial acts the notary public performs with respect to a remotely located individual under RSA 456-B:6-a” (RSA 456-B:8-c.I).
Journal format
Paper/hardbound or electronic journal acceptable
“A journal may be created on a tangible medium or in an electronic format” (RSA 456-B:8-c.II).
Journal entry requirements
“An entry in a journal shall … contain the following information:
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(a) The date and time of the notarial act;
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(b) A description of the record, if any, and type of notarial act;
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(c) The full name and address of each individual for whom the notarial act is performed;
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(d) If identity of the individual is based on personal knowledge, a statement to that effect;
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(e) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of the identification credential; and
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(f) The fee, if any, charged by the notary public” (RSA 456-B:8-c.III).
Journal retention
“The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal” (RSA 456-B:8-c.I).
RON recordings & journal upon resignation or death
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“Upon the death or adjudication of incompetency of a current or former notary public, the personal representative or guardian of the notary public shall retain the journal as provided in paragraphs I or V or transmit the journal to a repository approved by the secretary of state” (RSA 456-B:8-c.VII).
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“A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public shall retain the audio-visual recording created under subparagraph III(c) or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording” (RSA 456-B:6-a.VI).
Reference Links
Helpful resources for New Hampshire Notaries
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New Hampshire Secretary of State FAQs
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New Hampshire Secretary of State Website
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“A Notary’s Guide to Completing Journal Entries”
Disclaimer
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