2014 Notary Law Updates
| 2014 Adopted/Enacted Notary Legislation Page Last Updated: 03.21.2016 |
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| Arkansas Rules for Electronic Notarial Acts in the State of Arkansas Eff. 1.1.14 View this rule
NOTE: These rules provide the framework for the Arkansas Secretary of State’s development of an electronic notarization program. This program is not active; no electronic notary commissions are being issued at this writing. The Secretary of State will publicize its electronic notarization program when it becomes available. Following are the rule’s key provisions only; more detailed information will be reported when an electronic notary program is actually implemented.
Arkansas notaries public in good standing will be eligible to apply for an electronic notary commission. First-time and renewing e-notary applicants will be required to take a training class and exam, as well as a refresher course every two years. The course and exam will be provided by the Secretary of State.
The electronic notary’s commission term will be 10 years. The notary’s initial electronic notary commission will have the same commission expiration date as the notary’s regular commission.
An Arkansas e-notary will sign notarial certificates electronically using a cryptographic “key pair” established through the Secretary of State. The notary’s public/private keys (digital, mathematic code) will be used to encrypt and decrypt messages and create a digital signature that can render electronically notarized documents tamper-evident. This digital signature can also be independently verified, by the recipient, as belonging to the notary. Verification of an electronic notary’s digital signature will be through the Secretary of State’s e-notary key verification system. The rule allows notaries to electronically notarize in any of three ways:1. When the signer uses an electronic signature to sign an electronic document; 2. When the signer has “wet-signed” a paper document that is digitized through scanning;
3. When the signer is utilizing hardware such as an electronic signing pad to apply his/her signature to an electronic document. The rule requires the physical presence of the signer for all electronic notarial acts. Electronic notaries will be allowed to charge the same fees per electronic notarial act as they may charge for paper notarial acts ($5 per act). |
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California Assembly Bill 464
Prior law (California Civil Code, Section 1188) required notaries public to utilize a certificate of acknowledgment with wording that was substantially similar to the language provided in statute. Assembly Bill 464 requires that the language of a certificate of acknowledgment be the exact language provided in California Civil Code, Section 1189.
The bill also amends certificate wording requirements for a proof of execution by a subscribing witness. Prior law allowed use of the certificate wording provided in statute (California Civil Code 1195), or language that was substantially similar. The bill amends this provision to require use of certificate language that exactly matches that provided in California Civil Code 1195, and it also amends the statutory certificate language as follows:
----------------------------------------- California Assembly Bill 625 Eff. 1.1.14 View this bill Existing law allowed California notaries to rely on an inmate identification card, issued by the California Department of Corrections and Rehabilitation, to satisfactorily identify prison inmates in custody. Existing law further specified certain additional requirements for the inmate identification card. The bill revises existing law to remove the additional requirements for an inmate identification card used to satisfactorily identify an inmate in custody. The card need only be issued by the California Department of Corrections and Rehabilitation, and be current or issued within the past five years. ----------------------------------------- California Assembly Bill 924 Eff. 1.1.14 View this bill Existing law listed grounds for denial of a notary public application, or for suspension or revocation of a notary public commission. The bill adds, to this list of grounds, the commission of an act in violation of subdivision (a) of 487a, California Penal Code. (This provision of the Penal Code makes it an act of grand theft to “feloniously steal, take, transport or carry the carcass of any bovine, caprine, equine, ovine, or suine animal or of any mule, jack or jenny, which is the personal property of another,” or “fraudulently appropriate such property which has been entrusted to him.”) ----------------------------------------- California Assembly Bill 35 Eff. 1.1.14 View this bill The bill creates a new section of California’s Business and Professions Code, Section 22449, relating to immigration consultants. Notaries public are among the only individuals authorized to charge fees to clients or prospective clients for providing consultations, legal advice or notary public services related to filing an application under the federal Deferred Action for Childhood Arrivals program. Notaries public performing such services are prohibited from practices described in the bill as price-gouging. A notary’s violation of Section 22449, California Business and Professions Code, will be cause for the revocation or suspension of the notary’s commission. |
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| COLORADO - Notary Program Rules, 8 CCR 1505-11 Effective 11.30.2014 View these rules The Colorado Secretary has substantially reorganized and redrawn its notary program rules, largely for clarification although some new provisions are added. Changes include: • Requires all notary application filings to be submitted via the Secretary of State’s online electronic filing system. • States that the Secretary of State will grant credit only for completion of courses offered by an approved vendor, an approved course provider, or the Secretary of State. • Adds Colorado Revised Statutes Title 1, Article 40 (Initiative and Referendum) to the list of regulations upon which the notary exam will be based. • Creates a reporting requirement whenever any change to a notary’s electronic signature(s) occurs; the notary must report all changes to the Secretary of State. • Requires inclusion of the notary’s identification number in an electronic notarization. (Please note that Colorado Revised Statute 12-55-106.5, Notary’s Electronic Signature, requires the notary’s electronic signature to include or be accompanied by the notary’s name, the words “Notary Public” and “State of Colorado,” a DAN number, and the words “My commission expires” followed by the notary’s commission expiration date. Pursuant to this rule change, the notary’s identification number must also be included.) • Clarifies that, for purposes of Colorado Revised Statute 12-55-106.5, Notary’s Electronic Signature, a notary’s name means the notary’s printed legal name. • Requires an electronic notary to request new DANs to replace lost or stolen ones, after notifying the Secretary of State of the loss (using the same notification process as for a lost or stolen journal or seal). Previously, the notary had the option to request new DANs but was not mandated to do so. • Clarifies factors that would cause automatic expiration of the Secretary of State’s approval for a notary to electronically notarize. • Specifies separate approval application requirements for notary training course providers and notary training course vendors. Makes numerous other revisions affecting course providers and course vendors, including making course providers (as are course vendors) subject to oversight and enforcement provisions. |
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| Indiana House Bill 1041 Effective 7.1.14 View this bill Allows the adjutant general of the Indiana National Guard, specific active duty members, reserve duty members, or civilian employees of the Indiana National Guard designated by the adjutant general of the Indiana National Guard, to subscribe and administer oaths and take acknowledgments of all documents related to the service of an active or reserve duty member of the Indiana National Guard. |
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Iowa House Bill 2423 Makes technical revisions to Iowa Code 2014, Sections 589.4 (Acknowledgments by corporation officers) and 589.5 (Acknowledgments by stockholders), to change “notary public” to “notarial officer,” and otherwise clarify that the sections pertain not only to notaries public, but also to notarial officers (defined in Iowa’s Revised Uniform Law on Notarial Acts: “ ‘Notarial officer’ means a notary public or other individual authorized to perform a notarial act.”) -----------------------------------------Iowa Administrative Rule ARC 1243C This rule provides that when documents are filed using the Electronic Document Management System (EDMS) administered by the Iowa Judicial Branch, the documents are deemed in compliance with the performance of notarial acts on electronic records under Iowa Code chapter 9B (Iowa’s notary public statutes). ----------------------------------------- Iowa Senate File 2169 |
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Louisiana Senate Bill 307 Louisiana House Bill 462 Amends statutes dealing with ex officio notaries public for the Department of Public Safety and Corrections. Adds specially designated commissioned officers of the office of the state fire marshall as persons who have the power to administer oaths and receive sworn statements, in connection with their official duties. (Others with these duties are specially designated commissioned Louisiana state police officers assigned to intelligence, detectives, narcotics, or internal affairs; and commissioned agents of the office of alcohol and tobacco control.) -----------------------------------------Louisiana House Bill 243 |
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Minnesota House Bill 155 Increases the maximum fees that may be charged by Minnesota’s notaries public, as follows:
----------------------------------------- Minnesota House Bill 2668 |
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| Nebraska New Regulations Regarding Notaries Public • Titles 433, 434, 435, 441, 444 Eff. 5.25.14 View this rule (scroll to page 92) The Secretary of State has adopted amendments to rules and regulations in order to revise and consolidate Titles 433, 434, 435, 441, and 444 into Title 433, to repeal the existing regulations, and to establish new regulations regarding Notaries Public. The regulations adopted under this rule reiterate some requirements that already exist in statutes, or by policy of the Secretary of State’s Office. They also create some new provisions. Key provisions (be sure to read the ENTIRE rule; see the link above): Document– Requires that notarial certificates must be completed in their entirety, including dates and venue information. Prohibits notarization of blank or incomplete documents, and pre-dating or post-dating the notarial certificate. Seal - Requires Nebraska notaries public to affix a clear and legible impression of their stamp to a document. Prohibits the seal and signature from being affixed over printed material or other signatures on the document. Requires notaries to obtain a new seal, which includes the new commission dates, each time a commission is renewed. Establishes that notary commissions are issued to an individual regardless whether another business or entity paid the notary application fee, bond or seal. Requires that the seal be secured and accessible only by the notary public. Notary’s Signature – Requires that notaries sign their notarial certificates with a signature that is consistent with their signature as it appears on their most recent application, on file with the Secretary of State. Signer – Requires notaries to be aware of the “condition” of the signer (comprehension), and instructs notaries to refuse to notarize when they reasonably believe the signer does not understand the document. Prohibits notaries from refusing to notarize on the basis of race, color, national origin, religion, sex (including pregnancy), disability or marital status. Bond – Requires the notary public’s mandatory $15,000 surety bond to be concurrent with the term of commission. Changes to the Notary’s Commission – For notary name changes, requires the “Notary Public Request to Change Record” form (and $30 fee) to be accompanied by a bond issued under the notary’s new name. Requires commissioned, non-resident notaries to relinquish their commission if they become ineligible through ceasing to work at their regular place of work or business in Nebraska. Provides that a notary may change his/her signature by filing out a new “Initial Application for a Notary Public” form. Establishes that the Notary Public Examination (applicable to initial –not renewing— applicants) is valid for only 2 years (so those submitting an Initial Application for a signature change may have to re-test if more than 2 years of the current commission has transpired). |
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Nevada Assembly Bill 99 ----------------------------------------- Nevada Administrative Rule LCB File No. R116-13 • Provides that the term “known personally” may be entered in the notary public’s journal as the form of evidence of the signer’s identity, if the notary has personal knowledge of the signer’s identity. (Journal entry requirements are detailed in Nevada Revised Statutes 240.120.) |
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| NEW JERSEY - AB 1423 Effective 12.10.2014 View this bill • Prohibits any person from falsely representing themselves as an attorney in advertisements or any other means; requires the New Jersey notary public application to provide notice of this prohibition. Specifically, use by non-attorneys of the terms “lawyer,” “attorney-at-law,” or equivalent terms, in English or any other language, is prohibited. • Requires non-attorney notaries who advertise their services in English or any other language to include in their advertising a disclosure that they are not an attorney, may not give legal advice about immigration or any other matter, or accept fees for legal service (specific wording is provided in the newly enacted law). The New Jersey notary public application form must provide notice of this requirement also. • Requires the county clerk with whom the notary files his/her oath of office to provide, upon administration of the notary’s oath, a notice regarding use of the prohibited terms (lawyer, attorney-at-law or equivalent) and the advertising disclosure requirement. • Requires that the prohibitions and requirements enacted through AB 1423 shall be included in the notary public manual published by the New Jersey State Treasurer. Also requires the manual to state that no person will be appointed or reappointed as a New Jersey notary if he/she has been convicted of certain offenses. • Makes numerous technical corrections to clarify that the New Jersey State Treasurer appoints and regulates notaries public. |
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North Carolina House Bill 589
With any other document, a North Carolina notary serving as both the person assisting a physically unable voter and as the alternative notary-witness would be disqualified from notarizing due to being a party to the document. It is therefore extremely important that North Carolina notaries remember that House Bill 589 authorizes a unique duty that that may be performed only when serving as alternative notary-witness to the completion of an absentee ballot, and only when completing the Absentee Application and Certificate form that accompanies a completed absentee ballot. |
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Oregon Administrative Rule CORP 2-2014 Adds a definition of “practice” to Oregon Administrative Rule 160-100-0000, to clarify the “practice” qualification for non-resident notary public commission applicants. (Excerpt appears below.) |
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| South Carolina Senate Bill 356 Eff. 6.2.14 View this bill Enacts significant amendments to South Carolina’s notary public statutes. Key provisions (be sure to read the ENTIRE bill; see the link above): Creates clear statutory definitions for South Carolina’s authorized notarial duties. Provides expanded guidance to notaries through detailed definitions of other key terms such as “personal appearance,” “personal knowledge,” and “satisfactory evidence [of identification].” Defines “records” (documents, instruments) as information inscribed on a tangible (paper) or electronic medium; i.e., documents presented for notarization may be paper or electronic. Defines “personal knowledge” and “satisfactory evidence” of identification. Personal knowledge means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate any reasonable doubt that the individual has the identity claimed. Satisfactory evidence means a current ID document issued by a federal or state government agency, displaying the ID holder’s photo, signature and physical description (except that a current passport without a physical description is acceptable). Satisfactory evidence also includes reliance on one or two credible witnesses. Retains provisions addressing the notary’s seal of office. The notary “shall have” a seal of office, which may be an ink-stamp or embossing seal. The seal must display the notary’s name, the words “Notary Public” and “State of South Carolina,” and may include the notary’s commission expiration date. The seal must be affixed to the notary’s completed notarial certificates, except that absence of the seal or commission expiration date does not render a notarial act invalid if the notary’s official title is affixed to the certificate. Adds, to the qualifications to obtain a South Carolina notary commission, the ability to read and write the English language. Retains the requirement that an applicant be a registered South Carolina voter. Retains existing requirements related to endorsement of a notary commission application. Retains the existing $25 commission fee, and the requirement for the notary to register his/her notary commission with the local county clerk no later than 15 days after commissioning. Revises the list of authorized notarial duties as follows:
Establishes requirements for the notary’s completed notarial certificate, which must include the notary’s signature exactly as shown on his/her commission; the notary’s typed or printed name as shown on his/her commission (may appear as an element of the notary’s seal or elsewhere on the certificate; must be legible); the notary’s commission expiration date (an element of the notary’s seal or elsewhere in the notarial certificate). The notary’s signature on a paper record must be signed by hand, in ink, and may be affixed only after the notarial act is performed. A notary with a disability may use a signature stamp with prior approval of the Secretary of State. Provides circumstances under which the notary may not perform a notarial act:
Prohibits South Carolina notaries from certifying or authenticating a photograph or photocopy. Provides the conditions under which a notary may notarize a signature by mark; a physically unable signer’s signature affixed by a disinterested third party at the signer’s direction; and a physically unable signer’s signature affixed by the notary at the signer’s direction. Requires non-attorney notaries who advertise their services in a language other than English to conspicuously disclose, in English and in the language of the advertisement, that “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF SOUTH CAROLINA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.” The notice must also list the maximum fees allowed for notarial acts. Prohibits the unauthorized practice of law. Prohibits notaries from claiming to have powers, qualifications, rights, or privileges that the office of notary public does not provide, including the power to counsel on immigration matters. Prohibits use of the term “notario publico” or any equivalent non-English term in any business card, advertisement, notice or sign. Prohibits notaries from completing any notarial certificate that is not written in the English language. Establishes the following new, maximum fees that a notary may charge for his/her services:
Requires notaries who charge fees for their services to conspicuously display a fee schedule in their place of business, and present a fee schedule to each principal when notarizing outside of their place of business; the fee schedule must be in English. Establishes a time frame of 45 days within which a notary must notify the Secretary of State of a change in the notary’s status (name change; change in residence, business or mailing address or telephone number; change in county of residence). Change notification must be made on the Secretary of State’s Change in Status Form. There is a filing fee of $10. Requires a notary’s resignation (for any reason including ineligibility due to moving out of state or permanent inability to perform one’s notarial duties) to be reported on the Secretary of State’s Change in Status Form. Upon commission resignation the notary must destroy or deface all notary seals to prevent their misuse by others. |
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| South Dakota Senate Bill 68 Effective 7.1.14 View this bill Enacts the Uniform Real Property Electronic Recording Act. Provides that, if a document or signature associated with a document must be notarized, acknowledged, verified, witnessed or made under oath, such requirement is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal does not have to accompany an electronic signature. Amends South Dakota Codified Laws, Chapter 7-9, with a new section providing that, unless otherwise provided by law, a paper document that is to be recorded or filed in the register of deeds’ records shall contain the original signatures of the parties who execute the document and, if required to be acknowledged or further proven, original signatures of the notary public, witnesses or other officer taking an acknowledgment. |
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TENNESSEE - HB 2387 • Amends the statute dealing with notary appointment, by replacing terminology indicating that notaries are “commissioned” by the Governor with language indicating that they are “approved” by the Governor. “Approved” is defined in the bill as meaning “to accept or to sanction,” not to appoint. (The change apparently enables the approval of state legislators to hold notary commissions.) • Deletes the statutory notary fee schedule. Instead, notaries may charge “reasonable fees and compensation” for their services. • Creates a journal requirement. Notaries must “keep a record in a well-bound book of each of the notary public’s acts, attestations, protestations and other instruments of publication.” |
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| Virginia Senate Bill 503 Eff. 7.1.14 Please email Kathleen@asnnotary.org for complete text of rule. Prohibits a notary public from offering or providing legal advice to any person in immigration or other legal matters, or representing any person in immigration proceedings unless such notary public is an attorney or a federally accredited representative. The bill also restricts misleading notary advertising in languages other than English. Specifically, the bill prohibits use of the terms “notario,” “notario publico,” or “licenciado” unless the notary is authorized or licensed to practice law in Virginia. The bill also provides for civil penalties and revocation of the notary commission for such unauthorized advertising. -----------------------------------------Virginia Senate Bill 378 Amends existing law to clarify that persons already commissioned as either Virginia notaries public or Virginia electronic notaries public may submit applications for re-commissioning in person, by first-class mail or online, provided online applications contain electronic signatures as confirmation that the application has been signed and sworn-to before an officer authorized by law to administer oaths. |
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West Virginia House Bill 4012 Enacts the Revised Uniform Law on Notarial Acts. Repeals all of West Virginia’s “Uniform Notary Act” except for Sections 29C-2-101 and 29C-2-102 (dealing with appointment, jurisdiction and term). Repeals other notary statutes rendered unnecessary by RULONA adoption, and repeals statutes providing for a West Virginia commissioner of deeds. Enacts conforming amendments to current law. |
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| Wyoming House Bill 19 Eff. 7.1.14 View this bill Increases the maximum fee that a notarial officer may charge for a notarial act from $2 to $5, as follows: |
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