Online Notary Course Curriculum

Transcription

1 ONLINE NOTARY INSTITUTE Online Notary Course Curriculum To Become a Notary Public in the State of Colorado ONLINE NOTARY INSTITUTE 1

2 Unit 1: Notary Public General Information 2

3 Lesson 1: Definition and History A notary public is a person legally authorized by a state government to administer oaths, witness the signing of documents, and deter fraud by verifying the identity of a person who signs a document. The office of notary public has an ancient heritage, dating back to the Roman Republic. There is mention in history of its predecessors, the scriba, notarii, tabularii, and tabelliones. Since not very many people at the time could write, and commercial agreements were made orally, the notarius was appointed by the government to create written documents, such as agreements, and to hold them for safekeeping. Almost all documents of importance were drawn by notaries. Wax seals with individualized engravings or symbols were utilized as signatures at the end of these written agreements. In later centuries, ribbons were used to tie multiple page documents together. Wax seals were placed over the tied knots to ensure that no pages were added or removed. This was the birth of the notary seal and certificate. In colonial America, persons of high moral character were appointed as notary publics to certify and keep documents safe. On October 25, 1639, Thomas Fugill, a member of Connecticut s New Haven colony, became the first notary public in America. In our age of advanced technology, it is remarkable that the notary practice hasn t changed very much, and still includes the seal and signature of the notary. Why change something that works so well? Notes Notary Public A person legally authorized by a state government to: 1. Administer oaths 2. Witness the signing of documents 3. Deter fraud by verifying the identity of a person who signs a document Quiz (There is no quiz for this section as it is just history and background) 3

4 Lesson 2: Qualifications For Becoming a Notary Public In order to become a notary public in the state of Colorado, there are some basic requirements you must meet. First, you must be a resident of Colorado, at least 18 years old, and able to read, write, and understand English. You must be familiar with notary law, and not have been convicted of a misdemeanor involving dishonesty (a violation of a law involving fraud, dishonesty, bribery, perjury, larceny, theft, robbery, extortion, forgery, counterfeiting, embezzlement, misappropriation of property, etc.) during the last five years. You must not have had a felony in your lifetime, and you cannot have had a notary commission revoked. Within six months of your application, you must complete a notary training course, approved by the Secretary of State, which defines the office of notary public, including its functions and duties. Once the course has been completed, you will need to pass the State of Colorado Online Notary Exam. Finally, you must submit your application. Education Effective May 1, 2010, new and expired notary applicants (who fail to renew their commission within 30 days after commission expiration) are required to complete a course of instruction approved by the Secretary of State. This course includes all the material that a person is expected to know to satisfactorily complete the notary exam. The content of the course is based upon the Colorado Notaries Public Act and draws upon widely accepted best practices. State of Colorado Online Notary Exam Once you have completed the mandatory education, and received a proof of completion certificate, you can register to take the notary public examination. To do so you need to go to and register for the exam. The online exam will test your competency of the Notary Public Act and be comprised of at least 25 questions. It will be open book, and will consists of questions based upon the material contained in title 12, article 55 and title 38, article 30 of the Colorado Revised Statutes and the official Notary Public Handbook published by the Secretary of State. Once you have completed the exam, you must print out the certificate of completion of the exam. This certificate proves you have passed the test. Application Once you have completed your training and testing, the next step is for you to create the notary application. You can do this by hand or online at the Secretary of State s website. You enter the required information, following the instructions carefully. You then pay your application fee. Once 4

5 payment has been submitted, you must print the application, take it to a notary, sign it in front of the notary, and then have it notarized. As part of the notarization, you will take the following affirmation: I, (name of applicant) solemnly affirm, under penalty of perjury in the second degree, as defined in section , Colorado Revised Statutes, that I have carefully read the notary law of this state, and, if appointed and commissioned as a notary public, I will faithfully perform, to the best of my ability, all notarial acts in conformance with the law. You must then mail or deliver the signed application to the Secretary of State, along with a copy of both sides of your identification card, a copy of your Proof of Completion Certificate from your notary course, and a copy of the certificate of completion of the State online Notary Exam. If you haven t paid, you can include a check for the application fee. Once you have used the e-filing system, you should watch for an message containing your notary ID and password for online access. You need to save this information. Once your application is received and approved by the Secretary of State, you will be notified by . This will direct you to log in and print your official commission certificate. This certificate will be used to obtain your official notary seal/stamp and a journal. The Secretary of State may deny an application, if an applicant submits an application that contains substantial and material misstatements or omissions of fact, if the applicant has committed a felony, or has been convicted of official misconduct, or if in the prior five years, he/she has been convicted of a misdemeanor involving dishonesty. All applicants whose commissions are denied have the right to appeal such decision pursuant to article 4 of title 24, C.R.S. The Secretary of State shall promptly notify the applicant in writing of such denial. Renewing Notaries If your commission expiration date is over 30 days old, you must take a notary course and the state notary exam, and complete the application process. If you are reapplying within 90 days before the expiration of your commission, or within 30 days after, you are not required to take the course and exam. For all renewing applicants, the next step is to register for online access, log in and select the option to renew your commission. Then you complete the application process as outlined for new notaries above. 5

6 Notes Basic Requirements 1. Resident of Colorado 2. At least 18 years old 3. Able to read, write, and understand English 4. Be familiar with notary law 5. Not have been convicted of a misdemeanor involving dishonesty during the last 5 years 6. You must not have had a felony in your lifetime 7. You cannot have had a notary commission revoked 8. Complete a training course, approved by the Secretary of State 10. Pass the state notary exam Education New and expired notary applicants must: 1. Complete a course of instruction approved by the Secretary of State 2. Receive a proof of completion certificate State of Colorado Online Notary Exam 1. Register for State Exam: Go to to to register 2. Online exam Will test competency of Notary Public Act Comprised of at least 25 questions Open Book Questions based on material from title 12, article 55, and title 38, article 30 of C.R.S. and the official Notary Public Handbook 3. Upon completion of the exam, print out certificate of completion Application 1. Create notary application Online at Secretary of State s website Enter required information and pay fee Print application Take to notary o Sign it, have it notarized o Take affirmation 6

7 I, (name of applicant) solemnly affirm, under penalty of perjury in the second degree, as defined in section , Colorado Revised Statutes, that I have carefully read the notary law of this state, and, if appointed and commissioned as a notary public, I will faithfully perform, to the best of my ability, all notarial acts in conformance with the law. (Signature of Applicant) Subscribed and affirmed before me this day of, 20,. (Signature and Seal of person qualified to administer affirmation) 2. Mail or deliver signed application to Secretary of State, along with: copy of both sides of your identification card copy of your Proof of Completion Certificate from your notary course copy of the certificate of completion of the State online Notary Exam 3. Once application has been approved, you will be notified by will direct you to log in and print official commission certificate 4. Applications can be denied Substantial and material misstatement or omission of fact on application Applicant has committed a felony Applicant has been convicted of official misconduct Applicant has been convicted of a misdemeanor involving dishonesty in the past 5 years o Denied applicants have the right to appeal o Secretary of State will notify denied applicants in writing Renewing Notaries 1. If commission expiration date is over 30 days old You must take the notary course and state exam Complete the application process 2. If reapplying within 90 days before expiration or within 30 days after You are not required to take the course or exam 3. All renewing applicants must log in select the option to renew commission 7

8 Quiz 1) The basic requirements to become a notary include all of the following except: A. You must be a resident of Colorado B. You must be able to read and write English C. You must be at least 21 years old D. You must complete a course of instruction approved by the Secretary of State E. You must never had a notary commission revoked 2) The Colorado State Notary exam: (You may choose more than one answer) A. is closed book B. will have 35 questions C. tests knowledge of the Notary Public Act D. is required of all notary applicants E. is taken at a state proctored location 3) True or False: Once you have completed your state exam, the results will be mailed to you within business days. 4) Effective, everyone appointed to the office of notary public is required to complete a course of instruction approved by the Secretary of State. A. May 1, 2004 B. June 1, 2010 C. May 1, 2009 D. May 1, 2010 E. June 1, ) To avoid taking a course and the state exam, renewing notaries must file their applications for reappointment within after the expiration date of their commissions. A. 14 days B. 45 days C. 30 days D. 10 days E. 40 days 8

9 6) True or False: If paying online, you must pay your application fee before printing out your application. 7) What is necessary when submitting the notary application? You may choose more than one answer. A. The application must be accompanied by the completion certificate of the state exam, for new and expired notaries B. The application must include a copy of both sides of your identification C. The application must include a self-addressed stamped envelope D. The application must be notarized, containing a signed and notarized affirmation E. The application must be accompanied by the completion certificate from the course of instruction, for new and expired notaries 8) Once your application has been approved, you will be notified by: A. B. mail C. phone call D. text message 9) In which circumstance does a renewing notary need to take a notary course and the state exam? A. If the applicant s commission has been expired for over 15 days B. If the applicant s commission has been expired for over 30 days C. If the applicant reapplies prior to the expiration date of his commission D. All renewing notaries must take a course and the state exam 9

10 Quiz Answer Key 1) The basic requirements to become a notary include all of the following except: A. You must be a resident of Colorado B. You must be able to read and write English C. You must be at least 21 years old D. You must complete a course of instruction approved by the Secretary of State E. You must never had a notary commission revoked 2) The Colorado State Notary exam: (You may choose more than one answer) A. is closed book B. will have 35 questions C. tests knowledge of the Notary Public Act D. is required of all notary applicants E. is taken at a state proctored location 3) True or False: Once you have completed your state exam, the results will be mailed to you within business days. 4) Effective, everyone appointed to the office of notary public is required to complete a course of instruction approved by the Secretary of State. A. May 1, 2004 B. June 1, 2010 C. May 1, 2009 D. May 1, 2010 E. June 1, ) To avoid taking a course and the state exam, renewing notaries must file their applications for reappointment within after the expiration date of their commissions. A. 14 days B. 45 days C. 30 days D. 10 days E. 40 days 10

11 6) True or False: If paying online, you must pay your application fee before printing out your application. 7) What is necessary when submitting the notary application? You may choose more than one answer. A. The application must be accompanied by the completion certificate of the state exam, for new and expired notaries B. The application must include a copy of both sides of your identification C. The application must include a self-addressed stamped envelope D. The application must be notarized, containing a signed and notarized affirmation E. The application must be accompanied by the completion certificate from the course of instruction, for new and expired notaries 8) Once your application has been approved, you will be notified by: A. B. mail C. phone call D. text message 9) In which circumstance does a renewing notary need to take a notary course and the state exam? A. If the applicant s commission has been expired for over 15 days B. If the applicant s commission has been expired for over 30 days C. If the applicant reapplies prior to the expiration date of his commission D. All renewing notaries must take a course and the state exam 11

12 Lesson 3: Notary Appointment and Commission Information Once your application is accepted, an is sent to notify you. If you pay your application fee online you will receive this within 5-7 business days from the time the Secretary of State s office receives your completed application packet. If you mail a check, the application review process will take 3-5 business weeks. Once you log in to the online system, you can print out your notary commission certificate. Though not required, you may take this certificate to a county clerk and recorder, judge, or clerk of the court in any Colorado county, and have it recorded with that county. Your notary commission lasts for four years, ending on the expiration date printed on the certificate. You will have a unique identification number, also printed on the certificate. This commission is valid throughout the state of Colorado, which means a notary can provide services in any Colorado county. Notes Accepted Application Notification business days from receipt of application packet if application fee paid online business weeks from receipt of application packet if application fee paid by check 3. Log in and print notary commission certificate 4. Though not required, you may record commission with county clerk, judge or clerk of court in any Colorado county Notary Commission 1. Commission lasts four years 2. Individual ID number issued 3. Valid throughout the state of Colorado 12

13 Quiz 1) A notary commission lasts for years. A. Three B. Two C. Four D. Five 2) When does your notary commission expire? A. On the date specified in your notary commission certificate B. On the date that you pass your test C. On your birthday D. On the date you receive your notary seal E. On the date when you receive your notary commission 3) Your notary commission is valid throughout: A. The world B. The United States of America C. The state of Colorado D. The county that you work in E. The city that you work in 4) A(n) is included on the commission, which is unique to each appointed notary. A. new name B. notary seal C. expiration date D. notary identification number E. official title 5) True or False: A new notary must record his/her commission in the county where he/she lives. 13

14 Quiz Answer Key 1) A notary commission lasts for years. A. Three B. Two C. Four D. Five 2) When does your notary commission expire? A. On the date specified in your notary commission certificate B. On the date that you pass your test C. On your birthday D. On the date you receive your notary seal E. On the date when you receive your notary commission 3) Your notary commission is valid throughout: A. The world B. The United States of America C. The state of Colorado D. The county that you work in E. The city that you work in 4) A(n) is included on the commission, which is unique to each appointed notary. A. new name B. notary seal C. expiration date D. notary identification number E. official title 5) True or False: A new notary must record his/her commission in the county where he/she lives. 14

15 Lesson 4: Notary Public Materials To start practicing as a notary, you will need to purchase some supplies you will need to purchase a journal to record notary acts. You must also purchase a notary seal. Both the seal and the journal can be purchased from office supply stores and/or online notary supply companies. Other supplies you will need are certificates and forms as well as a stapler. You might want to purchase an embosser as well, though it is not required. Some notaries decide to purchase Errors and Omissions Insurance. This type of insurance coverage is optional in Colorado. The purpose of this insurance is to protect you, as a notary, from lawsuits claiming that a service you provided was done incorrectly, and this error cost the plaintiff money or caused harm in some way. This insurance covers legal defense and court costs up to the coverage limits on the policy. Once you have completed all the requirements set forth in these first 4 lessons, you are ready to start your career as a notary! Notes Required materials/supplies to be furnished by notary 1. Journal to record notary acts 2. Notary seal Supplies Needed 1. Certificates and forms 2. Stapler Optional: Embosser Optional: Date Stamp Optional Insurance 1. Errors and Omissions Insurance Optional in Colorado Purpose of this insurance is to protect notary from lawsuits claiming: o Service notary provided was done incorrectly o This error cost the plaintiff money or caused him or her harm This insurance covers legal defense and court costs up to policy coverage limit 15

16 Quiz 1) What are the required notary supplies? (You may choose more than one answer.) A. Stapler B. Notary Briefcase C. Clipboard D. Notary Seal E. Notary Journal 2) Some notaries decide to purchase Errors and Insurance. A. Omissions B. Bonding C. Mistakes D. Omnipotence E. Momentum 3) The purpose of Errors and Omissions insurance is: A. To pay for any supplies you might need in the course of your commission term B. To provide health care coverage for those notaries working on their own C. To protect you in case you lose your notary journal or seal D. To protect notaries from lawsuits claiming that a service you provided was done incorrectly, and the error cost the plaintiff money or caused them harm in some way E. To pay any customer a fee if you make a mistake on their documents 16

17 Quiz Answer Key 1) What are the required notary supplies? (You may choose more than one answer.) A. Stapler B. Notary Briefcase C. Clipboard D. Notary Seal E. Notary Journal 2) Some notaries decide to purchase Errors and Insurance. A. Omissions B. Bonding C. Mistakes D. Omnipotence E. Momentum 3) The purpose of Errors and Omissions insurance is: A. To pay for any supplies you might need in the course of your commission term B. To provide health care coverage for those notaries working on their own C. To protect you in case you lose your notary journal or seal D. To protect notaries from lawsuits claiming that a service you provided was done incorrectly, and the error cost the plaintiff money or caused them harm in some way E. To pay any customer a fee if you make a mistake on their documents 17

18 Unit 2: Notary Duties 18

19 Lesson 1: Authorized Notary Acts As a notary public, you will have specific powers or duties. These powers are acts that you are authorized to perform on behalf of the general public. The specific act, and the process that you must follow to complete the act, depends on the type of document that is presented to you. A notary is never responsible for deciding which type of notarization to perform. That is your client s responsibility. Colorado notaries have 4 basic powers: When requested, it is the duty of a notary to do the following: to take acknowledgments and other unsworn statements, to administer oaths and affirmations (which includes taking depositions, affidavits, verifications and other sworn testimony or statements), to certify copies, and, very seldom, to present and give notice of dishonor and protest notes. You record in your notary journal every act you perform as a notary. Notary commissions are specific to each notary. As a notary, you may not delegate notarial authority to another person. A notary commission is not transferrable, even on a temporary basis. It is prohibited to permit another person to use your notary public commission. It is not the duty, and it is, in fact, against the law, for a notary to give any legal advice unless he or she is also a practicing attorney. It is also against the law for a notary to assist anyone in preparing, selecting, or determining any legal document. If requested to perform any of these tasks, which are considered unlawful practice of law, you should decline, and refer the person to an attorney. Notes Powers/Duties 1. Acts that you are authorized to perform on behalf of the general public 2. A notary is never responsible for deciding which type of notarization to perform. That is the client s responsibility. 3. Colorado notaries have 4 basic powers Take acknowledgments Administer oaths and affirmations Certify copies Present and give notice of dishonor and protest notes * You must record every act you perform in your notary journal **Notary may not delegate notarial authority to another person 19

20 Non-Authorized Acts (notary must refer client to attorney) 1. It is against the law: To give legal advice unless the notary is a practicing attorney To assist anyone in preparing, selecting, or determining a legal document 2. If asked to perform these unlawful practices of law, notary should decline and refer person to an attorney 20

21 Quiz 1) A notary public cannot give advice. A. marital B. notarial C. legal D. false E. medical 2) A notary public cannot practice: A. Economics B. Law C. Piano D. Sign language E. Medicine 3) Which of the following is not a duty that a CO notary would perform? A. Fill out immigration paperwork B. Present and give notice of dishonor and protest notes C. Take acknowledgments D. Certify copies E. Administer oaths and affirmations 4) With every act you perform as a notary, you must: A. Issue a signed receipt B. Record it in your journal C. File all of the paperwork D. Make a copy of all documents for your files E. Verify all information with the county clerk 5) True or False: In Colorado, notaries have 5 basic powers. 21

22 6) If someone does ask a notary to perform legal tasks, what should he/she do? A. Politely decline and refer that person to an attorney B. Help them with the tasks if they know how C. Wing it D. Refer that person to an immigration specialist E. Report that person to the police 22

23 Quiz Answer Key 1) A notary public cannot give advice. A. marital B. notarial C. legal D. false E. medical 2) A notary public cannot practice: A. Economics B. Law C. Piano D. Sign language E. Medicine 3) Which of the following is not a duty that a CO notary would perform? A. Fill out immigration paperwork B. Present and give notice of dishonor and protest notes C. Take acknowledgments D. Certify copies E. Administer oaths and affirmations 4) With every act you perform as a notary, you must: A. Issue a signed receipt B. Record it in your journal C. File all of the paperwork D. Make a copy of all documents for your files E. Verify all information with the county clerk 5) True or False: In Colorado, notaries have 5 basic powers. 23

24 6) If someone does ask a notary to perform legal tasks, what should he/she do? A. Politely decline and refer that person to an attorney B. Help them with the tasks if they know how C. Wing it D. Refer that person to an immigration specialist E. Report that person to the police 24

25 Lesson 2: Acknowledgment When a person or issuing agency brings you a document containing unsworn statements and declarations to notarize, the resulting notarization is an acknowledgment. Acknowledgements do not involve or make reference to any oath or affirmation. Near the end of the document, they say Acknowledged before me or at least contain the word acknowledged somewhere on the document. These types of documents are called executable. This means that the document records a transaction or something that needs to be carried through. In other words, something will happen when the document is signed. Some examples of documents that might be brought to you for an acknowledgment are a contract, a power of attorney, a health care directive, a mortgage agreement, or a deed. When this type of document is presented to you for notarization, you have three main duties. First, you must certify the following: the identity of the signer (by personal knowledge or satisfactory evidence), that the signer acknowledges executing the document, and that the signer personally appeared before you on this date (whatever it may be), and in the county you both are at present. Second, you need to assess the client s basic competence and understanding of the document. This can be done by simply asking the client if he/she understands what the document is and agrees with it. Unless you are also a practicing attorney, do not attempt to counsel or advise the client in any way. This is considered unlawful practice of law. Third, you must be satisfied that the client is not under duress or being coerced to make the acknowledgment. Acknowledgments must be voluntary. If you see any evidence of duress, you should not proceed with the acknowledgment. You need to evaluate the situation very carefully and use your judgment. As long as the client is acting with his or her free will, you may notarize the document. Once you have completed these duties, you will watch the client sign the document. Having the client sign the document in front of you is preferred. However, if the document has already been signed, you must make sure that the person standing in front of you is indeed the document signer. To verify this, you can check the signature on the document against the signature on the client s ID, also verifying the photo matches the client s appearance. You also have the client sign your journal while you watch; making sure that his/her signature matches the other two. At this time, you must make sure that the document is completely filled out, with no obvious blank spaces that could be filled out after the notarization. At this point in the process, you will fill out a certificate of acknowledgment. There are five certificates to choose from, depending on the situation. The certificate you use must be in the form set forth by Colorado law. There may be a preprinted acknowledgment form on the document you are signing, or you may need to attach a separate one to the document. If the document includes an acknowledgment form and the wording is different, or if you have any concerns at all, just attach one of your own acknowledgment certificates to the document. Once this form is filled out, you must remember to record the pertinent information in your journal. The certificate of acknowledgment must be executed under penalty of perjury. Here are examples of proper acknowledgment forms. (See pgs. 28) 25

26 To fill out the venue heading, please enter the county where the notarization is taking place. If the notarization takes place in Denver or Broomfield, you must enter the city and county. The date you fill in must be the current date that the notarization is taking place. Enter the name(s) of the individuals whose acknowledgment is/are being taken on the next blank line. Fill in any other blanks, as indicated. Please cross out, with only one line, all inapplicable information. Please sign your name in ink. Remember, you must sign your official name which is stated on your commission certificate, enter your commission expiration date, and attach your seal in the indicated place. If there is not enough room for your seal, you can attach a loose acknowledgment certificate that has plenty of room for your signature and seal. You must completely fill out, sign, and stamp this form on the date that the notarization takes place. If the document brought to you is to be filed outside of the state, as a Colorado notary, you may complete the acknowledgment according to the other state (or country) s requirements. Just make sure that the form does not require that you make any determinations or certifications that are contrary to what you know is your duty as a Colorado notary public, or to Colorado law in general. If the form brought to you is contrary to Colorado law, please attach a completed Colorado certificate of acknowledgment to the form. This type of acknowledgment (filed outside the state) may require an apostille or certification. You may acknowledge a document that is written in a foreign language. The rules are the same as for all documents, whether they are written in English or not. Just make sure that your statement is written in English. As a notary, you must be aware that according to the Uniform Recognition of Acknowledgments Act, notarial acts may be performed outside of Colorado for use in the state by the following officials: a notary public; a judge, clerk, or deputy clerk of any court of record in the place where the act is performed; an officer of the foreign service of the U.S.; a consular agent or any other person authorized by the U.S. Department of State to perform notarial acts in the place where the act is performed; a commissioned officer in active service with the armed forces of the U.S.; any other person authorized by the armed forces to perform notarial acts if the act is performed for a member of the armed forces; or any other person authorized to perform notarial acts in the place in which the act is performed. To render the notarization valid, regardless of who acknowledges a document, the certificate must be in a form set forth by Colorado law, or in a form set forth by the laws or regulations applicable in the place in which the acknowledgement was taken. Notes Acknowledgment When a person or issuing agency brings a document containing unsworn statements and declarations for you to notarize, this notarization is an acknowledgment. Acknowledgments do not involve or make any reference to any oath or affirmation Document would say Acknowledged before me or contain the word acknowledged Document is executable o Document records a transaction or something that needs to be carried through. 26

27 Examples of Documents to be Acknowledged 1. Contract 2. Power of attorney 3. Health care directive 4. Mortgage agreement 5. Deed Three Main Duties 1. Certify the signer s identity by personal knowledge or satisfactory evidence Certify that signer acknowledges executing the document Certify that the signer acknowledges signing the document Certify that signer personally appeared before you on the date of notarization and in the county you are both in at time of signing 2. You must assess the client s basic competence and understanding of the document Ask the client if he/she understands what the document is and agrees with it Unless you are an attorney, DO NOT attempt to counsel or advise the client in any way. This is unlawful practice of law 3. You must be satisfied the client is not under duress or being coerced to make the acknowledgment. Acknowledgments must be voluntary Any evidence of duress, you should not proceed with the acknowledgment Evaluate the situation very carefully and use your judgment If client is acting with his or her free will you may notarize the document Performing An Acknowledgment 1. Once you have completed the above duties, you must watch the client sign the document. Having the client sign the document in front of you is preferred If the document has already been signed, you must make sure that the person standing in front of you is the document signer o To verify this, you can a. Check the signature on the document against the signature on the client s ID, b. Verify the photo matches the client s appearance c. Watch the client sign your journal and make sure this signature matches the other two 2. Make sure the document is completely filled out, with no obvious blank spaces 3. Complete a certificate of acknowledgment which must be in the form set forth by Colorado law (see sample) There are five acknowledgment forms to choose from There may be one preprinted on the document you are signing or you may need to attach one of your own certificate of acknowledgments If the document includes one and the wording is different, or if you have any concerns, attach one of your own acknowledgment certificates to the document A certificate of acknowledgment must be executed under penalty of perjury 4. Record all applicable information in your notary journal 27

28 Filling out an Acknowledgment form 1. Complete the venue heading (enter county where notarization is taking place) 2. Date must be current date that notarizing is taking place 3. Enter names of individuals whose acknowledgment is/are being taken 4. Fill in any other blanks, as indicated 5. With one line cross out all inapplicable information 6. Sign your name in ink 7. Enter commission expiration date 8. Attach your seal where indicated If not enough room, attach loose acknowledgment certificate that has ample room for your signature and seal 9. You must completely fill out, sign (with your official name stated on your commission certificate), and stamp this form on the date that the notarization takes place 10. A record of the notarization must be recorded in your notary journal! Examples of Acknowledgment forms 1. For an Individual Acting in His Own Right: Venue Heading State of Colorado County of The foregoing instrument was acknowledged before me this by. (date) (name of person acknowledging [client]) Notary Seal (Notary s official signature) (Commission expiration date) 28

29 2. For a Corporation: Venue Heading State of Colorado County of The foregoing instrument was acknowledged before me this by of (date) (name of officer or agent, title of officer or agent), a (name of corporation acknowledging) corporation, on behalf of the (state or place of incorporation) corporation. Notary Seal (Notary s official signature) (Commission expiration date) 3. For a Partnership Venue Heading State of Colorado County of The foregoing instrument was acknowledged before me this by, (date) (name of acknowledging partner or agent) partner (or agent) on behalf of, a (name of partnership) partnership. Notary Seal (Notary s official signature) (Commission expiration date) 29

30 4. For an Individual Acting as Principal by an Attorney In Fact: Venue Heading State of Colorado County of The foregoing instrument was acknowledged before me this by as attorney in (date) (name of attorney-in-fact) fact on behalf of. (name of principal) Notary Seal (Notary s official signature) (Commission expiration date) 5. Made by Any Public Officer, Trustee, or Personal Representative: Venue Heading State of Colorado County of The foregoing instrument was acknowledged before me this by. (date) (name and title of position) Notary Seal (Notary s official signature) (Commission expiration date) 30

31 Documents filed out of state and foreign language requirements 1. Complete the acknowledgment according to other state or county s requirements Make sure the form does not require you to make determinations or certifications that are contrary to what you know is your duty as a Colorado notary public or to Colorado law o If the form is contrary to Colorado law, just attach a Colorado certificate of acknowledgment to the form This type of acknowledgment may require an apostille or certification 2. You may acknowledge a document written in a foreign language 3. Rules are the same for all documents whether or not they are written in English Notarial Acts May be Performed Outside of Colorado For Use in the State 1. According to the Uniform Recognition of Acknowledgments Act 2. By the following officials: A notary public A judge A clerk or deputy of any court An officer of the foreign service of the U.S. A consular agent Any other person authorized by the U.S. Dept. of State to perform notarial acts A commissioned officer in active service Any other person authorized by the armed forces to perform notarial acts if the act is performed for a member of the armed forces 31

32 Quiz 1) To complete a venue heading on an Acknowledgment, you must enter the county where A. The notarization took place B. The notary works C. The client works D. The document was signed E. The document signer lives 2) The certificate of acknowledgment must be completely filled out at the time A. The document is filled out B. The document is signed C. The document is brought to the notary D. The notary's signature and seal are affixed E. The notary meets with the document signer 3) True or False: It is against Colorado Law to acknowledge a document that was already signed before brought to the notary. 4) Which of the answer completes the following statement incorrectly? In an acknowledgment, the notary public is certifying: A. To the identity of the signer B. That the signer personally appeared before the notary public on the date indicated in the county indicated C. That the document is true D. That the signer acknowledged executing the document E. None of the above 32

33 5) True or False: The date of the notarization will always be the date the notarization was made. Notarizations cannot be backdated. 6) If the wording on an acknowledgment form differs from the wording set forth in Colorado Law, what must be attached to the document? A. A loose certificate of acknowledgment with the statutory wording B. A certified copy of the journal entry C. A jurat D. A stamped copy of the document E. An explanation of intent 7) A notary must refuse to notarize a(n) document. A. unsigned B. incomplete C. mortgage D. executable E. health care 8) True or False: There are 4 different types of Acknowledgment certificates to choose between. 9) True or False: A notary can perform an acknowledgment on a document written in a foreign language. 33

34 10) When an executable document is brought to a notary for notarization, the type of notarization performed is A. An oath or affirmation B. A protest C. A jurat D. An acknowledgment E. A deposition 11) When a document is brought to a notary for an acknowledgment, the notary must certify all of the following except: (You may choose more than one answer) A. The identity of the signer B. That the signer acknowledges executing the document C. That the signer appeared personally before the notary on the date it is, and in the county where the notarization takes place D. That the document is true E. That the document is filled out correctly 12) True or False: A notary cannot acknowledge a document when he/she feels the client is under duress or coercion. 13) What are three duties of a notary when performing an acknowledgment? (You may choose more than one answer.) A. To advise the client on what type of notarization to perform B. To identify the signer by personal knowledge or satisfactory evidence C. To assess the client s basic competence and understanding of the document D. To fingerprint the client E. To make sure the client is acting of his/her own free will when presenting and signing the document 34

35 Quiz Answer Key 1) To complete a venue heading on an Acknowledgment, you must enter the county where A. The notarization took place B. The notary works C. The client works D. The document was signed E. The document signer lives 2) The certificate of acknowledgment must be completely filled out at the time A. The document is filled out B. The document is signed C. The document is brought to the notary D. The notary's signature and seal are affixed E. The notary meets with the document signer 3) True or False: It is against Colorado Law to acknowledge a document that was already signed before brought to the notary. 4) Which of the answer completes the following statement incorrectly? In an acknowledgment, the notary public is certifying: A. To the identity of the signer B. That the signer personally appeared before the notary public on the date indicated in the county indicated C. That the document is true D. That the signer acknowledged executing the document E. None of the above 35

36 5) True or False: The date of the notarization will always be the date the notarization was made. Notarizations cannot be backdated. 6) If the wording on an acknowledgment form differs from the wording set forth in Colorado Law, what must be attached to the document? A. A loose certificate of acknowledgment with the statutory wording B. A certified copy of the journal entry C. A jurat D. A stamped copy of the document E. An explanation of intent 7) A notary must refuse to notarize a(n) document. A. unsigned B. incomplete C. mortgage D. executable E. health care 8) True or False: There are 4 different types of Acknowledgment certificates to choose between. 9) True or False: A notary can perform an acknowledgment on a document written in a foreign language. 36

37 10) When an executable document is brought to a notary for notarization, the type of notarization performed is A. An oath or affirmation B. A protest C. A jurat D. An acknowledgment E. A deposition 11) When a document is brought to a notary for an acknowledgment, the notary must certify all of the following except: (You may choose more than one answer) D. The identity of the signer E. That the signer acknowledges executing the document F. That the signer appeared personally before the notary on the date it is, and in the county where the notarization takes place D. That the document is true E. That the document is filled out correctly 12) True or False: A notary cannot acknowledge a document when he/she feels the client is under duress or coercion. 13) What are three duties of a notary when performing an acknowledgment? (You may choose more than one answer.) A. To advise the client on what type of notarization to perform B. To identify the signer by personal knowledge or satisfactory evidence C. To assess the client s basic competence and understanding of the document D. To fingerprint the client E. To make sure the client is acting of his/her own free will when presenting and signing the document 37

38 Lesson 3: Jurats/Oaths and Affirmations Another type of document that will be presented to you for notarization is an affidavit. An affidavit is a written declaration made under oath or affirmation before a notary public or other authorized officer, in which the signer swears or affirms that the statements or declarations in the document are true. One example of an affidavit that you might be asked to notarize is a statement by a witness, who may not be available to testify in person before a court of law. Another example is called a private school affidavit. Any parents who desire to home-school their child must file this affidavit, in which they claim that their school (at home) complies with the Colorado Education Code. There are affidavits of income, where the person states his or her income because the person has no other income documentation. There are affidavits of domestic partnership, and biographical affidavits, which someone might submit to an insurance company. Regardless the type of affidavit, these documents usually contain the wording, subscribed and sworn to, or subscribed and affirmed. The notarization of an affidavit is a very common act performed by notaries, and it involves filling out a form called a jurat. A jurat is a signed statement by the notary certifying that the signer: personally appeared before the notary, signed the document in the presence of the notary, and took an oath or affirmation administered by the notary. There are steps you must follow when presented with an affidavit to notarize. When notarizing an affidavit, you must first certify the identity of the signer, and certify that the signer appeared before you in person, on the date and in the county indicated on the jurat you are filling out. Next, and most importantly, you must administer an oath or affirmation to the signer. An oath is a solemn, formal declaration or promise to tell the truth made before a notary public, often calling on a Supreme Being or sacred object as witness. An affirmation is a solemn declaration that the information contained in the document is true and accurate. An affirmation is given in place of an oath, for those who object to swearing on a sacred being or object. An acceptable oath or affirmation, which would not offend anyone, and is also easy to remember, is, Do you swear or affirm that the statements in this document are true? Traditionally, while the oath or affirmation is being administered, the notary and the signer raise their right hands, but this is not a legal requirement. When the signer takes an oath or affirmation, they do so under penalty of perjury. Once you have administered the oath or affirmation, you must watch the client sign the affidavit in your presence. The affidavit cannot be already signed when it is brought to you. If it is, do not notarize it. Additionally, the affidavit cannot be obviously incomplete. Make sure there are no obvious blank spaces. The affidavit can be written in another language besides English. Once all of these steps have been taken, it is time for you to fill out the jurat certificate. Just as for the acknowledgment, the jurat must include the proper wording, set forth by the state. There are two formats to choose from; one for oaths, and one for affirmations. If needed, you can attach your own jurat form, or stamp the document with a jurat stamp. Make sure you complete the journal entry for the notarization. 38

39 Here are examples of proper jurat forms: (See pg. 41) Filling out this form is even more straight-forward than filling out the acknowledgment, you begin by entering the county that you are in when the notarization takes place, and then you enter the date of the notarization. In ink, sign the jurat, fill in your commission expiration date, and stamp it with your notary seal. Make sure that you have already performed the oath or affirmation prior to completing this form. You also need to make sure the jurat certificate is filled out completely at the time of notarization. Notes Affidavit 1. A written declaration made under oath or affirmation before a notary public or other authorized officer, in which the signer swears or affirms that the statements or declarations in the document are true. 2. Examples of Affidavits Statement of a witness who may not be able to appear in court Private school affidavit: parents who desire to home-school their child must file this affidavit claiming that their school complies with the Colorado Education Code Income affidavits: person states his/her income as they have no other documentation Domestic partnership Biographical affidavits, which someone might submit to an insurance company 3. Contain wording subscribed and sworn to or subscribed and affirmed Jurat 1. Form used to notarize an affidavit 2. Signed statement by the notary certifying that the signer: Personally appeared before the notary Signed the document in the presence of the notary Took an oath or affirmation administered by the notary 39

40 Steps for Notarizing Affidavit/Completing a Jurat 1. Certify the signer s identify 2. Certify that signer personally appeared before you in person, on the date and in the county indicated on the jurat being filled out 3. Administer oath or affirmation to document signer Oath 1. Solemn, formal declaration or promise to tell the truth made before a notary public 2. Often calling on a supreme being or sacred object as witness Affirmation 1. Solemn declaration that the information contained in the document is true and accurate Given in place of an oath, for those who object to swearing on a sacred being or object Acceptable oath/affirmation: Do you solemnly swear or affirm that statements in this document are true? o Raising of right hands by signer and notary is traditional, but isn t a legal requirement Signer takes an Oath/Affirmation under penalty of perjury 4. Watch client sign the affidavit in your presence 5. Make sure the document is complete, with no obvious blank spaces It can be written in another language besides English 6. Complete the jurat certificate Must include the proper wording set forth by the state Two formats- one for oaths, one for affirmations 7. Complete the journal entry 40

41 Examples of Proper Jurat Forms 1. For an Affirmation Subscribed and affirmed before me in the county of, State of Colorado, this day of, 20. Notary Seal (Notary s official signature) (Commission expiration date) 2. For an Oath Subscribed and sworn to before me in the county of, State of Colorado, this day of, 20. Notary Seal (Notary s official signature) (Commission expiration date) Filling out a Jurat form 1. Enter county where notarization is taking place 2. Enter date of notarization 3. Sign your name in ink 4. Fill in your commission expiration date 5. Stamp it with notary seal 6. Make sure you have already performed the oath/affirmation! 7. Fill out jurat certificate completely 8. A record of the notarization must be recorded in your notary journal! 41