2014 Opinion: 14-89: Duty of Notary Public to Maintain Record

QUESTIONS

1. Is a notary public required to keep a record of each of the notary public's acts, attestations, protestations, and other instruments of publication regardless of whether the notary public charges a fee for his or her services?

2. If the answer to Question 1 is yes, is a notary public required to keep an actual bound book, or is it sufficient for the notary public to keep a record of his or her acts in another recorded format, e.g., an electronic record?

OPINIONS

1. Yes. Beginning October 1, 2014, notaries public are required to maintain "a record in a well-bound book of each of the notaries public's acts, attestations, protections, and other instruments of publication" regardless of whether the notary public receives a fee or compensation for his or her services.

2. So long as the information kept in the notary public's record is available for public inspection and other conditions are met, such information may be maintained in any appropriate electronic medium.