MAC Pt. 5, R. 4.5
Custody and control of journal; notification of lost or stolen journal
Cite as Miss. Admin. Code Pt. 5, R. 4.5
Custody and control of journal; notification of lost or stolen journal.
A. The notary public shall maintain custody and control of the journal at all times during
the duration of the notary public's commission. When not in use, the journal must be
kept in a secure location and accessible only to the notary public. A secure location
includes in the notary public's sole possession or in a locked location to which only
the notary public has access.
B. Notification of loss or theft of journal under Section 37(4) of the act (relating to
journal and audio-video recordings) must be made in writing or electronically within
ten (10) calendar days after the date the notary public or personal representative or
guardian discovers the loss or theft of a journal. For the purpose of this section, the
term ''loss'' includes journals that are misplaced, destroyed, or otherwise made
unavailable. The notification must include all of the following:
1. A statement of whether the journal is lost or stolen;
2. An explanation of how the journal became lost or stolen;
3. The date the notary public discovered that the journal was lost or stolen;
4. A statement that the notary public does not possess the journal and does not
know who possesses it or where it is located; and
5. A statement that, if the notary public subsequently reacquires possession of
the journal, the notary public shall file a written statement with the Secretary
of State within ten (10) calendar days after the date the notary public reacquires
possession of the lost or stolen journal.
C. If a notary public subsequently reacquires possession of a lost or stolen journal, the
notary public shall file with the Secretary of State a written statement of explanation
of how the journal was recovered within ten (10) calendar days after the date the
notary public reacquires possession of the journal.