41-314. Notary bond fund; purpose; exemption A. The notary bond fund is established consisting of monies received pursuant to section 41-178. B. The secretary of state shall administer the fund and spend monies in the fund in order to defray the cost of the secretary of state’s office assuming the responsibilities associated with the processing […]
41-316. Fees A. The secretary of state shall establish fees that notaries public may charge for notarial acts. These fees shall be established by rules adopted pursuant to chapter 6 of this title. B. Notaries public may be paid an amount up to the amount authorized for mileage expenses and per diem subsistence for state […]
41-317. Resignation; delivering notary seal, notarial journal and records; failure to comply; storing records; certified copies A. A notary public shall submit the notary public’s resignation in writing to the secretary of state. B. On the resignation or revocation of a notarial commission or the death of a notary public, any physical stamping device, notarial […]
41-318. Wilful destruction of records; penalty Any person who knowingly destroys, defaces or conceals any journal entry or records belonging to the office of a notary public shall forfeit to the state an amount not exceeding five hundred dollars and shall be liable for damages to any party injured thereby.
41-319. Journal A. A notary public shall keep a paper journal to chronicle all notarial acts performed regarding tangible records. A notary public shall keep either a paper journal or one or more electronic journals to chronicle all notarial acts performed regarding electronic records. Except as prescribed by subsection E of this section, a notary […]
41-320. Competency of bank and corporation notaries A. It is lawful for a notary public who is a stockholder, director, officer or employee of a corporation to take the acknowledgment or oath of any party to any record executed to or by the corporation, or to administer an oath to any other stockholder, director, officer, […]
41-323. Change of address; lost, stolen or compromised journal or seal; civil penalty; presumption; exception A. Within thirty days after the change of a notary public’s mailing, business or residential address, the notary public shall deliver to the secretary of state, by certified mail or other means providing a receipt, a signed notice of the […]
41-324. Court reporters; notarial acts A. Court reporters who administer oaths and affirmations in judicial proceedings are exempt from the provisions of this chapter other than section 41-269, subsections C and D. Court reporters who are commissioned as notaries and who perform notarial acts outside of judicial proceedings are subject to all provisions of this […]
41-325. Evidence of authenticity of a notarial act performed in this state A. The authenticity of the official notarial seal and signature of a notary may be evidenced by either: 1. A certificate of authority from the secretary of state authenticated as necessary. 2. An apostille from the secretary of state in the form prescribed […]
41-326. Apostille An apostille prescribed by the Hague convention, as cited in 28 United States Code in annotations to rule 44 of the federal rules of civil procedure, shall be in the form of a square with sides at least nine centimeters long and shall contain exactly the following wording: Apostille (Convention de la haye […]
41-327. Surname change; notification; continuation of commission A notary public who has a change of surname may continue to use the official stamp and commission in the notary public’s prior name until that commission expires. The notary public shall sign the changed surname on the line that is designated for the notary public’s signature on […]
41-331. Complaints; investigations A. Any person may make a complaint to the office of the secretary of state regarding a notary public. The secretary of state shall receive any complaints and shall provide notice of those complaints to the office of the attorney general who shall investigate and take action on all complaints involving allegations […]
41-332. Notary education fund The notary education fund is established consisting of monies deposited pursuant to section 41-270. The secretary of state shall administer the fund. Monies in the fund are subject to legislative appropriation.
41-333. Impersonation of notary public Any person who knowingly acts as or otherwise intentionally impersonates a notary public while not lawfully appointed and commissioned to perform notarial acts is guilty of impersonating a public servant pursuant to section 13-2406.
