Chapter 03 - Notary Public

31.0301 Short Title.

This Act may be cited as the Notary Act of 20…

31.0302 Purposes.

This Act shall be construed and applied to ad…

31.0303 Interpretation.

In this Act, unless the context otherwise req…

31.0304 Prospective effect.

The existing seal, length of commission term,…

31.0305 Severability clause.

If any provision of this Act or its applicati…

31.0306 Effective date.

This Act shall take effect 180 days from the…

31.0307 Definitions.

For purposes of this title: (a) “Acknowledgme…

31.0308 Authority to adopt rules.

The Secretary shall adopt administrative rule…

31.0309 Qualifications.

(a) Except as provided in subsection (c), the…

31.0310 Jurisdiction and term.

A person commissioned as a notary may perform…

31.0311 Bond.

(a) A notary commission shall not be issued u…

31.0312 Commissioning documents.

Upon issuing a notary commission, the Secreta…

31.0313 Recommissioning.

A current or former notary applying for a new…

31.0314 Application materials.

Every application for a notary commission sha…

31.0315 Statement of personal qualifications.

The application for a notary commission shall…

31.0316 Course and examination.

(a) Every applicant for a notary commission s…

31.0317 Notarized declaration.

Every applicant for a notary commission shall…

31.0318 Application fee—Funds to be utilized by the Secretary.

(a) Every applicant for a notary commission s…

31.0319 Confidentiality.

Information required by section 31.0315(7) sh…

31.0320 Powers and prohibitions.

(a) A notary who is a United States National…

31.0321 Disqualifications.

(a) A notary is disqualified from performing…

31.0322 Refusal to notarize.

(a) A notary shall not refuse to perform a no…

31.0323 Avoidance of influence.

(a) A notary shall not influence a person eit…

31.0324 False certificate.

(a) A notary shall not execute a certificate…

31.0325 Improper documents.

(a) A notary shall not notarize a signature:…

31.0326 Intent to deceive.

A notary shall not perform any official actio…

31.0327 Testimonials.

A notary shall not use the official notary ti…

31.0328 Unauthorized practice of law.

(a) If notarial certificate wording is not pr…

31.0329 Imposition and waiver of fees.

(a) For performing a notarial act, a notary m…

31.0330 Fees for notarial acts.

(a) The maximum fees that may be charged by a…

31.0331 Payment prior to act.

(a) A notary may require payment of any fees…

31.0332 Fees of employee notary.

(a) An employer may prohibit an employee who…

31.0333 Notice of fees.

Notaries who charge for their notarial servic…

31.0334 Format.

(a) A notary shall keep, maintain, protect, a…

31.0335 Entries.

(a) For every notarial act, the notary shall…

31.0336 Signatures.

At the time of notarization, the notary’s jou…

31.0337 Inspection, copying, and disposal.

(a) In the notary’s presence, any person may…

31.0338 Official signature.

In notarizing a paper document, a notary shal…

31.0339 Official seal.

(a) A notary shall keep an official seal that…

31.0340 Seal image.

(a) Near the notary’s official signature on t…

31.0341 Obtaining and providing a seal.

(a) In order to sell or manufacture notary se…

31.0342 General acknowledgment.

A notary shall use a certificate in substanti…

31.0343 Jurat.

A notary shall use a jurat certificate in sub…

31.0344 Signature witnessing.

A notary shall use a certificate in substanti…

31.0345 Signer by mark and person unable to sign.

On paper documents, certificates in sections…

31.0346 Certified copy.

A notary shall use a certificate in substanti…

31.0347 Forms of evidence.

On a notarized document sent to another state…

31.0348 Certificate of authority.

(a) A certificate of authority evidencing the…

31.0349 Apostille.

An Apostille prescribed by the Hague Conventi…

31.0350 Fees.

The Secretary may charge: (1) for issuing a c…

31.0351 Change of address.

(a) Within 10 days after the change of a nota…

31.0352 Change of name.

(a) Within 10 days after the change of notary…

31.0353 Resignation.

(a) A notary who resigns his or her commissio…

31.0354 Disposition of seal and journal.

(a) Except as provided in subsection (b), whe…

31.0355 Death of notary.

If a notary dies during the term of commissio…

31.0356 Liability of notary and employer.

(a) A notary is liable to any person for all…

31.0357 Proximate cause.

Recovery of damages against a notary or emplo…

31.0358 Revocation.

(a) The Secretary may revoke a notary commiss…

31.0359 Other remedial actions for misconduct.

(a) The Secretary may deliver a written Offic…

31.0360 Publications of sanctions and remedial actions.

The Secretary shall regularly publish a list…

31.0361 Criminal sanctions.

(a) In performing a notarial act, a notary is…

31.0362 Additional remedies and sanctions not precluded.

The remedies and sanctions of this chapter do…

31.0363 Impersonation.

Any person not a notary who knowingly acts as…

31.0364 Wrongful possession.

Any person who knowingly obtains, conceals, d…

31.0365 Improper influence.

Any person who knowingly solicits, coerces, o…

31.0366 Additional sanctions not precluded.

History: 2008, PL 30-18. Reviser’s Comment: R…