359.01 COMMISSION. Subdivision 1. Resident notaries. The governor may appoint and commission as notaries public, by and with the advice and consent of the senate, as many citizens of this state or resident aliens, over the age of 18 years, as the governor considers necessary. The governor will appoint and commission notaries public and the […]
359.02 TERM. A notary commissioned under section 359.01 holds office until January 31 of the fifth year following the year the commission was issued, unless sooner removed by the governor or the district court, or by action of the commissioner of commerce. Six months before the expiration of the commission, a notary may renew the […]
359.03 STAMP; REGISTER. Subdivision 1. Requirement. Every notary, including an ex officio notary under section 358.15, shall obtain an official notarial stamp as specified in subdivision 3, with which to authenticate official acts. The official notarial stamp, and the notary’s official journal, are the personal property of the notary and are exempt from execution. Subd. […]
359.04 POWERS. Every notary public so appointed, commissioned, and qualified shall have power throughout this state to administer all oaths required or authorized to be administered in this state; to take and certify all depositions to be used in any of the courts of this state; to take and certify all acknowledgments of deeds, mortgages, […]
359.061 RECORD OF COMMISSION. Subdivision 1. Resident notaries. The commission of every notary commissioned under section 359.01, together with: (1) a signature that matches the first, middle, and last name as listed on the notary’s commission and shown on the notarial stamp, and (2) a sample signature in the style in which the notary will […]
359.062 NOTICE; LANGUAGES OTHER THAN ENGLISH. (a) A notary public who is not an attorney who advertises the services of a notary public in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall post or otherwise include with the […]
359.07 NOTARY IN DETACHED COUNTY. Subdivision 1. Powers. In any county which has heretofore been detached from another county of this state, and which has been newly created and organized, any notary public residing in such newly created and organized county, who was a resident of the county from which the new county was detached […]
359.071 CHANGE OF NAME OR ADDRESS. A notary shall notify the secretary of state of any name or address change within 30 days of the change. History: 1984 c 504 s 3; 1986 c 444; 1989 c 189 s 2; 1993 c 354 s 8; 1997 c 222 s 56; 2004 c 251 s 20
359.08 MISCONDUCT. Any notary who shall exercise the duties of office after the expiration of a term, or when otherwise disqualified, shall be guilty of a misdemeanor. History: (6946) RL s 2661; 1963 c 753 art 2 s 5; 1986 c 444
359.085 STANDARDS OF CONDUCT FOR NOTARIAL ACTS. Subdivision 1. Acknowledgments. In taking an acknowledgment, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument or electronic record. Subd. 2. Verifications. In […]
359.091 ACCOMMODATION OF PHYSICAL LIMITATIONS. (a) A notary public may certify as to the subscription or signature of an individual when it appears that the individual has a physical limitation that restricts the individual’s ability to sign by writing or making a mark, pursuant to the following: (1) the name of an individual may be […]
359.11 TAKING DEPOSITIONS. In taking depositions, the notary shall have the power to compel the attendance of and to punish witnesses for refusing to testify as provided by statute or court rule. All sheriffs shall serve and return all process issued by any notary in taking depositions. History: (6949) RL s 2664; 1983 c 359 […]
