53-5a04 Authority to perform notarial acts.
53-5a04. Authority to perform notarial acts. (a) A notarial officer may perform the following notarial acts: (1) Taking an acknowledgment; (2) administering an oath or affirmation; (3) taking a verification upon oath or affirmation; (4) witnessing or attesting a signature; (5) certifying or attesting a copy; (6) noting a protest of a negotiable instrument; and […]
53-5a20 Journal.
53-5a20. Journal. (a) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal. (b) A journal shall be created on a tangible […]
53-5a05 Requirements for certain notarial acts.
53-5a05. Requirements for certain notarial acts. (a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the […]
53-5a06 Personal appearance required.
53-5a06. Personal appearance required. (a) If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer. (b) This section shall take effect on and after January 1, 2022. History: L. 2021, ch. 64, […]
53-5a07 Identification of individual.
53-5a07. Identification of individual. (a) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (b) A notarial officer has satisfactory evidence of the identity of […]
53-5a08 Authority to refuse to perform notarial act.
53-5a08. Authority to refuse to perform notarial act. (a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that the: (1) Individual executing the record is competent or has the capacity to execute the record; or (2) individual’s signature is knowingly and voluntarily made. (b) A notarial officer […]
53-5a09 Signature if individual unable to sign.
53-5a09. Signature if individual unable to sign. (a) If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert: “Signature affixed by (name other than the individual) at the direction of (name […]
53-5a10 Notarial act in this state.
53-5a10. Notarial act in this state. (a) A notarial act may be performed in this state by: (1) A notary public of this state; (2) a judge, clerk or deputy clerk of any court of this state; (3) a county clerk or deputy county clerk; (4) an election commissioner or assistant election commissioner; or (5) […]
53-5a11 Notarial act in another state.
53-5a11. Notarial act in another state. (a) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state if the act performed in that state is performed by: (1) A notary public of that state; (2) a judge, clerk […]
53-5a12 Notarial act under authority of federally recognized Indian tribe.
53-5a12. Notarial act under authority of federally recognized Indian tribe. (a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in the jurisdiction […]