In-Person Paper Notarizations
Am I required by law to maintain a notary journal in Maine?
No, a notary public in the State of Maine is not required to maintain a notary journal for general notary work, but there are a few circumstances (discussed below) that require record keeping. Also, if remote online notarizations are legal in the State of Maine 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 Maine 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.
Special circumstances for Maine notaries
State law prescribes the requirement for a notary to maintain records of marriages and protests, as seen in the following text:
“§654. Record of marriages - Every person authorized to unite persons in marriage shall make and keep a record of every marriage solemnized by that person in conformity with the forms and instructions prescribed by the State Registrar of Vital Statistics pursuant to Title 22, Section 2701.” (see 19-A MRSA, Section 654)
“The notary public or other authorized person who administered the oath to the circulator must keep a log of petitions for which that person administered the circulator's oath, listing the title of the petition, the name of the circulator taking the oath, the date of the oath and the number of petition forms signed and verified by the circulator that day.” (21-A MRSA 902)
Remote Online Notarizations
Is Remote Online Notarization (RON) approved in the State of Maine?
Yes, notaries in the State of Maine are authorized to perform remote online (ink) notarizations under H.P. 1033 - L.D. 1399
It should be noted that these can be considered "Remote Ink Notarizations" due to the requirement that the document have wet signatures and is physically mailed to the notary for notarization after the remote session
Do I have to record the Remote Online (ink) Notarization session?
Yes
"C. A recording of the 2-way audio-visual communication is made and preserved by the notary for a period of at least 5 years from the date of the notarial act. The notary shall provide a copy of the recording to the signatory and the Secretary of State upon request." (Sec. 1. 4 MRSA §961)
What is the retention period for RON recordings?
5 years
Do I have to log RON sessions in a journal?
No, Maine law does not specify any requirements to journal a RON session outside of the audio-video recording
Reference Links
Helpful resources for Maine Notaries
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H.P. 1033 - L.D. 1399
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§654. Record of marriages
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“A Notary’s Guide to Completing Journal Entries”
Disclaimer
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