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 a technology that the notary public has not selected. Before a notary public performs the notary […]
An individual qualified under subsection (3) of this section may apply to the secretary of state for a commission as a notary public. The applicant shall comply with and provide the information required by rules established by the secretary of state and pay any application fee. In accordance with section 24-21-111 (1), the secretary of […]
An applicant for a commission as a notary public who does not hold a commission in this state must pass an examination administered by the secretary of state or an entity approved by the secretary of state. The examination must be based on the course of study described in subsection (2) of this section. The […]
The secretary of state may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for: Failure to comply with this part 5; A substantial and material misstatement or omission of fact in the application for a commission as a notary public submitted to the secretary of state; Notwithstanding […]
The secretary of state shall maintain an electronic database of notaries public: Through which a person may verify the authority of a notary public to perform notarial acts; and Which indicates whether a notary public has notified the secretary of state that the notary public will be performing notarial acts on electronic records. Source: L. […]
A commission as a notary public does not authorize an individual to: Assist persons in drafting legal records, give legal advice, or otherwise practice law; Act as an immigration consultant or an expert on immigration matters; Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, […]
Except as otherwise provided in section 24-21-504 (2), the failure of a notarial officer to perform a duty or meet a requirement specified in this part 5 does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this part 5 does not prevent an aggrieved person from […]
The secretary of state may adopt rules to implement this part 5 in accordance with article 4 of this title 24. Rules adopted 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 or technical […]
The secretary of state shall collect all fees pursuant to this article 21 in the manner required by section 24-21-104 (3) and shall transmit them to the state treasurer, who shall credit them to the department of state cash fund created in section 24-21-104 (3)(b). The general assembly shall make annual appropriations from the department […]
Except as specified in subsection (2) of this section, the fees of a notary public may be, but must not exceed, five dollars for each document attested by a person before a notary, except as otherwise provided by law. The fee for each such document must include all duties and functions required to complete the […]
A notary public shall notify the secretary of state within thirty days after he or she changes his or her name, business address, or residential address. In the case of a name change, the notary public shall include a sample of the notary’s handwritten official signature on the notice. Pursuant to section 24-21-104 (3), the […]
[ Editor’s note: This version of subsection (1) is effective until March 1, 2022.] A notary public who knowingly and willfully violates the duties imposed by this part 5 commits official misconduct and is guilty of a class 2 misdemeanor. (1) [ Editor’s note: This version of subsection (1) is effective March 1, 2022. ] […]
[ Editor’s note: This version of this section is effective until March 1, 2022. ] A person who acts as, or otherwise willfully impersonates, a notary public while not lawfully appointed and commissioned to perform notarial acts is guilty of a class 2 misdemeanor and shall be punished as specified in section 18-1.3-501.
[ Editor’s note: This version of this section is effective until March 1, 2022. ] A person who unlawfully possesses and uses a notary’s journal, an official seal, a notary’s electronic signature, or any papers, copies, or electronic records relating to notarial acts is guilty of a class 3 misdemeanor and shall be punished as […]
The secretary of state may issue certificates or apostilles attesting to the authenticity of a notarial act performed by a commissioned notary public. The secretary of state shall not certify a signature of a notary public on: A record that is not properly notarized in accordance with the requirements of this part 5; A record: […]
A commission as a notary public in effect on July 1, 2018, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after July 1, 2018, is subject to and shall comply with this part 5. A notary public, in performing notarial acts after […]
This part 5 does not affect the validity or effect of a notarial act performed before July 1, 2018. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, § 2, effective July 1, 2018.
In applying and construing this part 5, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, § 2, effective July 1, 2018.
This part 5 modifies, limits, and supersedes the “Electronic Signatures in Global and National Commerce Act”, 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of […]
This part 5 takes effect on July 1, 2018. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, § 2, effective July 1, 2018.
