Thumbprint - necessary?

I know that we are to get ID’s up front and verify that. Is thumbprinting also a requirement? What is the rule on this? Also, what about the journal? I would appreciate if you can just tell me what you do, regardless of location. Thanks!

In Florida we are not required to keep a journal but I do keep one - however, we are NOT authorized to take thumbprints, and cannot refuse to notarize based on the signer’s refusal to provide a thumbprint if we ask. So I don’t request the thumbprint. I just record all information about their ID, including the last 4 numbers of the ID number (not the whole number), issue date, expiration date.

1 Like

It truly does depend on what state you are in. In California, for example, we must take a thumbprint on certain notarizations to be in compliance. (Those are notarial acts which transfer money or property, such as Power of Attorney and deeds, etc.) For California notaries, we may take additional thumb prints, but are only required to do so on those called out in our annual notary handbook issued by the Secretary of State (who also grants our commissions). Also, journals are required in California with very specific requirements in place for those as well. Verification of IDs, of course, is why we exist. LOL

Cool thanks. I am in Michigan and can’t find any info about it being required. Wasn’t sure if it was a state requirement and/or the title/lender co. Just trying to be thorough.

Here’s your notary regulation regarding a journal:

"Record Keeping
A notary public is not required to keep a journal, ledger, list, etc., but many notaries find these to be effective methods for keeping records. If you keep a record of your notarizations, it is recommended that you record the signer’s name, identification presented, date, type of document and other information you deem pertinent to the transaction.

If records are kept, the Michigan Notary Public Act requires a notary to maintain all records of a notarial act for at least 5 years. A notary is also required to provide copies of those records upon the request of the Department of State. However, the law does not describe the type of record that must be kept or what must be included in a record."

http://www.michigan.gov/sos/0,4670,7-127-1638_8736-96344--,00.html||

So, it looks like Michigan leaves it up to you whether or not you keep a journal and by this statement “and other information you deem pertinent to the transaction.” whether or not you, as a matter of personal practice, require a thumbprint from your signers.

in addition to the comment by a1notary, I am also in California, I get a thumb print for all notarial jobs I do. The NNA recommends it and I have never had anyone object to it.

1 Like

Know your state law and do what is legal and protects you.
Texas law, for example, states that a biometric identifier (which would include a journal thumbprint) captured for a commercial purpose may be disclosed only under certain circumstances and must be destroyed within a certain amount of time (Business and Commerce Code Section 503.01). Because Notary journals are considered public record in Texas, the Secretary of State’s office actually discourages Notaries Public from capturing biometric identifiers from signers in their journals.
You cannot refuse to perform a notarial act solely because a signer refuses to comply with a practice that is not a legal requirement for notarization in your state or jurisdiction. So, if your state law does not require a thumbprint but you like to get it anyway, you can’t refuse the notarization if the borrower refuses to give you a thumbprint.
I USED to get thumbprints, but when the law in my state of Texas changed I stopped the practice.

california requires thumb prints on certain documents. I suggest getting the California notary law primer from the NNA. Also, the NNA suggests you get a thumb print for all docs you notarize.

I’m in Alabama. I keep a journal and finger prints “just in case”. I’ve never had a client refuse.

I fingerprint everyone whether it’s a property closing or regular notary work. I always explain the purpose of obtaining the fingerprint as it is not required in my state but highly suggested. No one has ever objected.

I request a thumbprint for All journal entries. On rare occasion someone will refuse and I accept their decision without rebuttal.

Here in California as a notary for 25 years, all of my journals are filled with thumb prints. I take a thumb print for each and every signing no matter what it is. Better to be safe than sorry. I doesn’t hurt to be thorough.
Virginia M. Greene
Monterey Park, Ca.

I’m a brand new notary in Florida, so this is good to know. Thanks! :slight_smile:

Agreed. I take prints for every notary and on rare occasions I get a push back. That’s when I kindly (as best as I can) explain it is best practice and protection for both parties. If they still refuse, then I question the integrity and also question the purpose of their visit.

1 Like