Section 42-30.1-1. – Title.
§ 42-30.1-1. Title. This chapter shall be known and may be cited as the Uniform Law on Notarial Acts. History of Section.P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.
Section 42-30.1-10. – Notarial act in another state.
§ 42-30.1-10. 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, […]
Section 42-30.1-11. – Notarial act under federal authority.
§ 42-30.1-11. Notarial act under federal authority. (a) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by: (1) A judge, clerk, or deputy clerk of a court; […]
Section 42-30.1-12. – Foreign notarial act.
§ 42-30.1-12. Foreign notarial act. (a) In this section, “foreign state” means a government other than the United States or a state. (b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state, or is performed under the authority of a multinational […]
Section 42-30.1-12.1. – Notarial act performed for remotely located individual.
§ 42-30.1-12.1. Notarial act performed for remotely located individual. (a) A remotely located individual may comply with § 42-30.1-5 by using communication technology to appear before a notary public. (b) A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if: (1) The notary public: […]
Section 42-30.1-12.2. – Certificate of notarial act for a remotely located individual.
§ 42-30.1-12.2. Certificate of notarial act for a remotely located individual. (a) A notarial act for a remotely located individual pursuant to § 42-30.1-12.1 shall be evidenced by a certificate. The certificate shall: (1) Be executed contemporaneously with the performance of the notarial act; (2) Be signed and dated by the notarial officer and, if […]
Section 42-30.1-13. – Official stamp.
§ 42-30.1-13. Official stamp. The official stamp of a notary public must: (1) Include the notary public’s name, the words “notary public,” jurisdiction, and other information required by the rules of the commissioning agency; and (2) Be capable of being copied together with the record to which it is affixed or attached or with which […]
Section 42-30.1-14. – Notification regarding performance of notarial act on electronic record — Selection of technology.
§ 42-30.1-14. Notification regarding performance of notarial act on electronic record — Selection of technology. (a) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with […]
Section 42-30.1-15. – Commission as notary public — Qualifications — No immunity or benefit.
§ 42-30.1-15. Commission as notary public — Qualifications — No immunity or benefit. (a) A notarial act may be performed in this state by: (1) A notary public of this state; (2) An individual qualified under subsection (b) of this section may apply to the commissioning officer for a commission as a notary public. The […]
Section 42-30.1-16. – Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public.
§ 42-30.1-16. Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public. (a) The commissioning officer may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act […]
Section 42-30.1-17. – Database of notaries public.
§ 42-30.1-17. Database of notaries public. The commissioning agency shall maintain an electronic database of notaries public: (1) Through which a person may verify the authority of a notary public to perform notarial acts; and (2) That indicates whether a notary public has notified the commissioning agency that the notary public will be performing notarial […]
Section 42-30.1-18. – Prohibited acts.
§ 42-30.1-18. Prohibited acts. (a) A commission as a notary public does not authorize an individual to: (1) Assist persons in drafting legal records, give legal advice, or otherwise practice law; (2) Act as an immigration consultant or an expert on immigration matters; (3) Represent a person in a judicial or administrative proceeding relating to […]
Section 42-30.1-19. – Validity of notarial acts.
§ 42-30.1-19. Validity of notarial acts. Except as otherwise provided in § 42-30.1-3(b), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an […]
Section 42-30.1-2. – Definitions.
§ 42-30.1-2. Definitions. For purposes of this chapter, the following definitions apply: (1) “Acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with […]
Section 42-30.1-20. – Fees for authentication of a notary public signature.
§ 42-30.1-20. Fees for authentication of a notary public signature. A fee of five dollars ($5.00) shall be charged and collected by the office of the secretary of state for the authentication or certification of the signature of a notary public. In any event where the office of the secretary of state shall authenticate or […]
Section 42-30.1-20.1. – Fees to perform notarial acts.
§ 42-30.1-20.1. Fees to perform notarial acts. (a) A notary public may charge a fee not to exceed twenty-five dollars ($25.00) per document or notarization. All fees must be disclosed to any person utilizing the services of the notary public prior to performance of the notarial act. (b) In performing a notarial act for a […]
Section 42-30.1-21. – Notary public — Fraud or deceit in office.
§ 42-30.1-21. Notary public — Fraud or deceit in office. A notary public who, in the exercise of the powers or in the performance of the duties of the office, shall practice any fraud or deceit, the punishment for which is not otherwise provided for by law, shall be guilty of a misdemeanor and fined […]
Section 42-30.1-22. – Notary public commission effect.
§ 42-30.1-22. Notary public commission effect. A commission as a notary public in effect on January 1, 2019, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after January 1, 2019, is subject to and shall comply with this chapter. A notary public, […]
Section 42-30.1-23. – Savings clause.
§ 42-30.1-23. Savings clause. This chapter does not affect the validity or effect of a notarial act performed before January 1, 2019. History of Section.P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.
Section 42-30.1-24. – Relation to electronic signatures in global and national commerce act.
§ 42-30.1-24. Relation to electronic signatures in global and national commerce act. This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any […]