§ 24-21-501. Short Title
The short title of this part 5 is the “Revised Uniform Law on Notarial Acts”. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 787, § 2, effective July 1, 2018.
§ 24-21-502. Definitions
In this part 5: “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 proper authority and signed it as the act of […]
§ 24-21-503. Applicability
This part 5 applies to a notarial act performed on or after July 1, 2018. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 789, § 2, effective July 1, 2018.
§ 24-21-504. Authority to Perform Notarial Act
A notarial officer may perform a notarial act authorized by this part 5 or by law of this state other than this part 5. A notarial officer shall not perform a notarial act with respect to a record in which the officer has a disqualifying interest. For the purposes of this section, a notarial officer […]
§ 24-21-505. Requirements for Certain Notarial Acts
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 signature of the individual. A notarial officer […]
§ 24-21-506. Personal Appearance Required – Definition
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. As used in this section, “appear personally” means: Being in the same physical location as another individual and close enough to see, […]
§ 24-21-507. Identification of Individual
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. A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer […]
§ 24-21-508. Authority to Refuse to Perform Notarial Act
A notarial officer may refuse to perform a notarial act if the officer is not satisfied that: The individual executing the record is competent or has the capacity to execute the record; or The individual’s signature is knowingly and voluntarily made. A notarial officer may refuse to perform a notarial act unless refusal is prohibited […]
§ 24-21-509. Signature if Individual Unable to Sign
If an individual is physically unable to sign a record, the individual may, in the presence of the notarial officer, 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 of other individual) at the direction of (name of individual)” […]
§ 24-21-510. Notarial Act in This State
A notarial act may be performed in this state by: A notary public of this state; A judge, clerk, or deputy clerk of a court of this state; or Any other individual authorized to perform the specific act by the law of this state. The signature and title of an individual performing a notarial act […]
§ 24-21-511. Notarial Act in Another State
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: A notary public of that state; A judge, clerk, or deputy clerk of a court of that state; […]
§ 24-21-512. Notarial Act Under Authority of Federally Recognized Indian Tribe
A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state if the act performed in the jurisdiction of the tribe is performed by: A notary public of the tribe; A judge, clerk, or deputy […]
§ 24-21-513. Notarial Act Under Federal Authority
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: A judge, clerk, or deputy clerk of a court; An individual in military service or performing duties under […]
§ 24-21-514. Foreign Notarial Act
In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe. 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 or international […]
§ 24-21-514.5. Audio-Video Communication – Definitions
As used in this section: “Credential analysis” means a process or service that complies with any rules adopted by the secretary of state through which a third party affirms the validity of a government-issued identification credential through the review of public or proprietary data sources. “Dynamic, knowledge-based authentication assessment” means an identity assessment that is […]
§ 24-21-515. Certificate of Notarial Act
A notarial act must be evidenced by a certificate. The certificate must: Be executed contemporaneously with the performance of the notarial act; Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the secretary of state; Identify the […]
§ 24-21-516. Short Form Certificates
The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 24-21-515 (1) and (2): For an acknowledgment in an individual capacity: State of County of This record was acknowledged before me on (date) by (name(s) of individual(s)) Signature of notarial officer Stamp ( […]
§ 24-21-517. Official Stamp
The official stamp of a notary public must: Be rectangular and contain only the outline of the seal and the following information printed within the outline of the seal: The notary public’s name, as it appears on the notary’s certificate of commission; The notary’s identification number; The notary’s commission expiration date; The words “state of […]
§ 24-21-518. Stamping Device
A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expiration of the date set forth in the stamping device, […]
§ 24-21-519. Journal
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 ten years after the performance of the last notarial act chronicled in the journal. A journal may be created on a tangible medium or in an […]