US Lawyer Database

§39-4-35. Administrative Complaints and Investigations

(a) In addition to the powers and duties contained in this article, the Secretary of State may: (1) Investigate, upon complaint or on his or her own initiative, any alleged violations or irregularities of this article.

§39-4-36. Secretary of State Record Retention

(a) The provisions of subsection (c), section three, article two, chapter five of this code notwithstanding, the Secretary of State may destroy original records of appointment under this article after expiration of the term of a notary public: Provided, That the Secretary of State maintains an electronic copy of the appointment for a minimum of […]

§39-4-38. Remote Ink Notarial Act Performed for Remotely Located Individual

(a) A document may be notarized for an individual who is not in the physical presence of the notary public at the time of the notarization if the following requirements are met: (1) The individual and the notary can communicate simultaneously, in real time, by sight and sound using communication technology defined in 39-4-37 of […]

§39-4-23. 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;

§39-4-24. Validity of Notarial Acts

Except as otherwise provided in subsection (b), section four of this article, the failure of a notarial officer to perform a duty or meet a requirement specified in this article does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this article does not prevent an aggrieved […]

§39-4-25. Rules

(a) The Secretary of State may promulgate rules, in accordance with the provisions of chapter twenty-nine-a of this code, to implement this article. Rules promulgated regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology […]

§39-4-26. Notary Public Commission and Commissioner Appointment in Effect

(a) A commission as a notary public in effect on June 30, 2014, continues until its date of expiration. A notary public who applies for a commission as a notary public on or after July 1, 2014, is subject to and shall comply with this article. A notary public, in performing notarial acts on or […]

§39-4-27. Savings Clause

This article does not affect the validity or effect of a notarial act performed before July 1, 2014.