When you visit a Notary Public, you may hand over some of the most important documents you will ever sign. These might include estate planning documents, powers of attorney, real estate documents, affidavits, business agreements, or other sensitive paperwork.
Naturally, this raises an important question: Does a notary keep copies of your documents?
In most situations, the answer is no. A Notary Public generally does not need to keep a copy of the document being notarized. Instead, the notary performs the notarization, completes any required notarial recordkeeping, and returns the document to the signer.
However, there are important distinctions between keeping a copy of your document and keeping a record of the notarization. Understanding that difference can help you feel more comfortable the next time you need something notarized.
What Does a Notary Actually Do?
A Notary Public serves as an impartial official during a notarization. Depending on the type of notarial act and applicable state law, the notary may verify the signer’s identity, determine that the signer is appearing willingly, administer an oath or affirmation, witness or acknowledge a signature, and complete the appropriate notarial certificate.
The notary’s role focuses primarily on the notarial act, not on retaining the document.
For example, suppose you bring a power of attorney to a notary. The notary may verify your identity and perform the appropriate notarization. Once the notarization is complete, the original document normally goes back to you.
The notary does not automatically become the custodian of that document simply because it was notarized.
A Notary Journal Is Not the Same as a Document Copy
One common source of confusion involves the notary’s journal.
Depending on state law and the type of notarization, a notary may be required—or may choose when permitted—to maintain a journal or record of notarial acts. That journal can contain information about the notarization without containing a complete copy of the underlying document.
A journal entry may include details such as the date and time of the notarization, the type of notarial act performed, information about the identification presented, the name of the signer, and other information required or permitted by applicable law.
Therefore, when a notary says, “I need to record this in my journal,” that does not necessarily mean the notary is making or keeping a photocopy of your document.
The journal documents the transaction, while your document contains the actual substantive information involved in that transaction.
Why Don’t Notaries Normally Keep Copies?
Privacy is one important reason.
Documents presented for notarization can contain highly sensitive personal, financial, legal, or business information. An estate planning document, for example, might contain information about beneficiaries and property. A power of attorney could identify agents and describe significant legal authority. Real estate documents can contain financial and property information.
Keeping unnecessary copies could create additional privacy and information-security concerns.
Furthermore, the notary generally does not need a complete copy of your document to prove that a notarization occurred. Where recordkeeping is required, the appropriate journal entry or other legally required record usually serves that purpose.
As a result, you should not assume that your notary will have a backup copy if you lose your document later.
Can a Notary Ever Keep a Copy?
There can be circumstances in which copies or electronic records are retained, particularly when another law, service, transaction, employer, contracting company, electronic platform, or recordkeeping requirement applies.
For example, Remote Online Notarization (RON) can involve electronic records as well as an audio-video recording of the online notarization. The retention requirements for those records depend on the laws and regulations governing the transaction and jurisdiction.
Likewise, a notary who is working in another professional capacity may handle documents differently from a notary who is simply performing a standalone notarization.
That distinction matters.
Someone might be both a Notary Public and an employee of a law firm, title company, financial institution, or another organization. The organization may retain documents as part of its business records. However, that does not necessarily mean the documents are being retained because the individual is a notary.
In other words, always distinguish between what someone does as a notary and what an organization does as part of the larger transaction.
What About Copies of Your Identification?
Identification creates another common question.
When you present a driver’s license, passport, or other acceptable identification, the notary uses it to establish your identity in accordance with applicable law and the requirements of the notarial act.
That does not automatically mean the notary needs to photocopy your identification.
However, additional identification-related requirements may apply in certain transactions or through particular businesses, agencies, or service providers. Therefore, if someone asks to make or retain a copy of your identification, you can ask why the copy is necessary and how it will be handled.
What Happens During Remote Online Notarization?
Remote Online Notarization changes the way the signer and notary interact, but the basic purpose of notarization remains similar.
Instead of sitting across a desk from the notary, the signer and notary communicate through an approved online process using audio-video technology. Depending on applicable law and the platform being used, identity verification may also involve additional technological procedures.
Importantly, online notarization can create records that do not exist in a traditional paper notarization. For example, an audio-video recording of the notarial session may need to be retained for a legally specified period.
Therefore, a signer should not assume that “the notary doesn’t keep my document” means that no electronic records relating to the notarization exist.
Those are two different issues.
Should You Keep Your Own Copies?
Absolutely.
Because a notary generally should not be treated as your document-storage service, you should maintain your own records whenever appropriate.
For important documents, consider keeping the original in a secure location and maintaining copies when legally and practically appropriate. You may also want to tell a trusted person where essential documents can be found, particularly when dealing with estate planning or emergency documents.
Additionally, determine whether the document needs to be delivered to another person or organization after notarization. A notarized document sitting in a drawer may not accomplish its intended purpose if it was supposed to be filed, recorded, submitted, or delivered somewhere else.
Can You Get a Copy From the Notary Later?
Do not count on it.
If the notary did not retain a copy of your document, the notary cannot simply reproduce it later. The notary may have a journal entry or another required record showing that a notarization occurred, but that record is not necessarily a substitute for the original notarized document.
If you lose an important notarized document, you may need to contact the attorney, title company, government agency, employer, financial institution, or other organization involved in the transaction.
This is another reason to establish your own reliable document-retention system.
Protecting Your Privacy During a Notarization
You should feel comfortable asking reasonable questions about how your information will be handled.
Before providing particularly sensitive documents, you can ask whether copies will be made, what records will be retained, why those records are necessary, and how they are protected.
A professional notary should understand that clients may have legitimate privacy concerns, especially when dealing with estate planning, financial, business, and real estate documents.
At the same time, remember that a notary may have mandatory recordkeeping responsibilities under state law. Those requirements are designed to create an appropriate record of the notarial act and may help deter or investigate fraud.
The Bottom Line: Does a Notary Keep Copies of Your Documents?
Generally, a Notary Public does not keep a copy of the document simply because it was notarized.
However, the notary may maintain a journal entry or other legally required record of the notarization. Remote Online Notarization may also involve the retention of electronic records and audio-video recordings. In addition, companies involved in a broader transaction may maintain copies for reasons unrelated to the notarial act itself.
Therefore, never assume your notary has a backup copy of an important document. Maintain your own records and ask questions whenever you are unsure about how your information will be retained.
Most importantly, remember that notarization is about verifying and documenting a notarial act—not turning your notary into the permanent custodian of your personal paperwork.
Need a Professional Notary?
Whether you need assistance with estate planning documents, Remote Online Notarization, real estate documents, or other notarization needs, working with an experienced Notary Public can help make the process convenient and straightforward.
Ready to get your documents notarized?
Visit JerryWithers.com to learn more about available notary services and find the right option for your needs.
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This article provides general educational information and is not legal advice. Notary requirements and record-retention rules vary by state, jurisdiction, type of notarization, and transaction.