Which of the following best describes ownership of a notary journal when it contains only non-public records?

• A. The employer
• B. The notary public
• C. The state
• D. The public

Answer: (A)

Ownership of a notary journal is tied to who maintains and controls the business records, not to who simply recorded the acts. When a notary works for an employer and uses the journal to document acts performed in the course of that employment, the journal becomes a business record of the employer. Even though the entries are made by the notary, the employer owns the journal, especially when the records are non-public and kept for internal use or client files. The notary, in turn, acts as the custodian—responsible for accurate entries and protecting client information—but the ownership rests with the employer, not with the state or the general public.

The state wouldn’t own it because it isn’t a public or state-recorded document, and the public wouldn’t own it because it’s a private business record. The notary public isn’t the owner in an employment context; ownership lies with the employer whose business records include the journal.