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

42 Quiz 1) When does the jurat form need to be filled out? A. After the signer takes an oath or affirmation B. When the affidavit is filled out C. Ahead of time D. Before the affidavit is signed E. None of the above 2) True or False: A jurat form must be attached to all affidavits subscribed and sworn to before the notary public. 3) Which of the answers completes the following statement incorrectly? When executing a jurat, the notary public is certifying: A. That the notary public administered the oath or affirmation B. That the signer signed the document prior to the notarization C. That the signer signed the document in the presence of the notary public D. That the signer personally appeared before the notary public on the date indicated in the county indicated E. The identity of the signer 4) Which statement is false? An affidavit: A. is sworn to be true by an oath or affirmation before a notary public B. is an executable document C. contains the wording subscribed and sworn to (or affirmed) D. is a written statement made voluntarily E. is notarized using a jurat certificate 5) True or False: The notarization of an affidavit involves filling out a form called an acknowledgment. 42

43 6) True or False: An oath is a solemn declaration for those who object to swearing on a sacred being or object. 7) What does a notary do if a document contains a jurat form that does not contain the wording set forth by the state? A. Refuse to notarize the document B. Attach a separate jurat certificate C. Refer the client to an attorney D. Cross out the jurat form and write in the correct wording E. Fill out the form as-is 8) True or False: A notary can notarize an affidavit that has been signed before the document is brought to him/her. 43

44 Quiz Answer Key 1) When does the jurat form need to be filled out? A. After the signer takes an oath or affirmation B. When the affidavit is filled out C. Ahead of time D. Before the affidavit is signed E. None of the above 2) True or False: A jurat form must be attached to all affidavits subscribed and sworn to before the notary public. 3) Which of the answers completes the following statement incorrectly? When executing a jurat, the notary public is certifying: A. That the notary public administered the oath or affirmation B. That the signer signed the document prior to the notarization C. That the signer signed the document in the presence of the notary public D. That the signer personally appeared before the notary public on the date indicated in the county indicated E. The identity of the signer 4) Which statement is false? An affidavit: A. is sworn to be true by an oath or affirmation before a notary public B. is an executable document C. contains the wording subscribed and sworn to (or affirmed) D. is a written statement made voluntarily E. is notarized using a jurat certificate 5) True or False: The notarization of an affidavit involves filling out a form called an acknowledgment. 44

45 6) True or False: An oath is a solemn declaration for those who object to swearing on a sacred being or object. 7) What does a notary do if a document contains a jurat form that does not contain the wording set forth by the state? A. Refuse to notarize the document B. Attach a separate jurat certificate C. Refer the client to an attorney D. Cross out the jurat form and write in the correct wording E. Fill out the form as-is 8) True or False: A notary can notarize an affidavit that has been signed before the document is brought to him/her. 45

46 Lesson 4: Certifying Copies of Documents According to the Notaries Public Act, a notary is also authorized to certify copies of certain original documents. A copy properly certified by a notary is often as acceptable as the original document. In some cases, you might be required to certify multiple copies of the documents. Some common types of documents that you would certify copies of are: documents for employment, such as diplomas, awards, and ratings; business documents such as licenses and permits, powers of attorneys, contracts and agreements; adoption documents such as home studies, financial statements and health assessments, and documents for international travel such as passports, drivers licenses, and other documents that would back up the original. That being said, there are limitations to the types of documents you may certify copies of. Some federal, state or county records are off limits. If your client can obtain a certified copy of the document from the office of a clerk, recorder of public documents or custodian of documents in Colorado, you are not authorized to certify the copy of this document. This would include the following: birth records, death records, marriage records, divorce decree, and corporate records such as Articles of Incorporation. To certify copies, first, you must examine the original document. You must be positive that this is an original, as you are not authorized to certify copies of copies. Next, your client must present a written request for the certified copy. This written request must include the following statements: That the requested certified copy cannot be obtained from the office of any clerk and recorder of public documents or custodian of records in this state and that the production, preparation or certification of this copy does not violate any state or federal law. The request must be signed by the client. Next, you must either make copies of the document yourself, or thoroughly examine the copy or copies presented to you, by careful proofreading or a light table. You will need at least two copies of the document, one (or more) to certify, and one for you to keep as a safeguard. Just remember to be thorough, as you are responsible for the accuracy of the copies. Once you determine that the copy(ies) is(are) identical to the original, you may fill out the certificate. You will always need to add this form yourself, as it will never be preprinted on a document. Here is an example of the certificate, according to Colorado Law: (See pg. 48) Once you have completed the certificate, you must return the original document, along with the certified copy to the client. You must keep your copy as well as the written request. The request should not be given back to the client, as it is your protection if you are later questioned about wither it was proper to certify a copy of a specific document. You are not expected to know in every circumstance, whether it is proper to certify a copy of a document. It is largely the responsibility of your client. You do have some responsibility, however. A sensible notary does not make certified copies of certain documents where it would be obvious to any reasonable person that it was unlawful. An example of this would be a birth certificate. As usual for any notarization, make sure you remember to record the transaction in your notary journal. 46

47 Notes Certifying Copies of Documents 1. A notary may is authorized to certify copies of certain original documents In some cases, you might be required to certify multiple copies 2. Common types of documents that you would certify copies of: Documents for employment o Diplomas o Awards o Ratings Business documents o Licenses and permits o Powers of attorneys o Contracts and agreements Adoption documents o Home studies o Financial statements o Health assessments Documents for international travel o Passports o Drivers licenses o Other documents needed as backup for originals 3. Limitations Certain federal, state or county records may not be certified by notary If client can obtain a certified copy from the office of a clerk, recorder of public documents or custodian of documents, you are not authorized to certify the copy of this document Do not certify copies of: o Birth records o Death records o Marriage records o Divorce Decree o Corporate records i.e. Articles of Incorporation Steps for Certifying Copies of Documents 1. You must examine the original document Be positive that this is an original You are not authorized to certify copies of copies 2. Your client must present a written request for the certified copy. This request must include the following statements: 47

48 o The requested certified copy cannot be obtained from the office of any clerk and recorder or public documents or custodian of records in this state o The production, preparation or certification of this copy does not violate any state or federal law Must be signed by the client 3. Either make copies of it yourself or thoroughly examine the copy or copies presented to you You will need at least two copies o One to certify o One for you to keep as a safeguard Be thorough; you are responsible for the accuracy of the copies 4. Once you determine the copy(ies) is(are) identical to the original, you may fill out the certificate Example of Certificate: State of Colorado, County (or City) of, I,, (name of county) (name of notary) a Notary Public in and for said state, do certify that on, I carefully (date) compared with the original the attached facsimile of (type of document) and the facsimile I now hold in my possession. They are complete, full, true, and exact facsimiles of the document they purport to reproduce. Notary Seal (Notary s official signature) (Commission expiration date) 5. Return the original document, along with the certified copy, to the client. You must keep your copy and the written request The request should NOT be given back to the client o It is your protection 48

49 Quiz 1) True or False: A notary may certify a copy of any document. 2) What are documents that a notary may not certify copies of? A. Financial Statements B. Passports C. Home Studies D. Birth Certificates D. All of the above 3. True or False: A notary might need to certify multiple copies of a document. 4. Which is a common type of document a notary might certify copies of? A. A Birth Certificate B. A Divorce Decree C. A Financial Statement D. A Marriage Certificate E. None of the Above 5. True or False: Your client must present a written request for certified copies. 49

50 6. The written request must contain two of the following statements: (Choose two answers) A. This certified copy cannot be obtained from the office of any clerk and recorder of public documents or custodian of records in this state B. This certified copy cannot be obtained from any online recordkeeping service C. The production, preparation, or certification of this copy violates state and federal law D. The production, preparation, or certification of this copy does not violate any state or federal law E. I solemnly swear or affirm that this document is a true statement. 7. True or False: You must return the written request to the client, along with the original document and the certified copy. 50

51 Quiz Answer Key 1) True or False: A notary may certify a copy of any document. 2) What are documents that a notary may not certify copies of? A. Financial Statements B. Passports C. Home Studies D. Birth Certificates E. All of the above 3. True or False: A notary might need to certify multiple copies of a document. 4. Which is a common type of document a notary might certify copies of? A. A Birth Certificate B. A Divorce Decree C. A Financial Statement D. A Marriage Certificate E. None of the Above 5. True or False: Your client must present a written request for certified copies. 51

52 6. The written request must contain two of the following statements: (Choose two answers) A. This certified copy cannot be obtained from the office of any clerk and recorder of public documents or custodian of records in this state B. This certified copy cannot be obtained from any online recordkeeping service C. The production, preparation, or certification of this copy violates state and federal law D. The production, preparation, or certification of this copy does not violate any state or federal law E. I solemnly swear or affirm that this document is a true statement. 7. True or False: You must return the written request to the client, along with the original document and the certified copy. 52

53 Unit 3 Notary Practices and Procedures 53

54 Lesson 1: Notarization Fundamentals To help you be consistent in performing proper notarizations, there are six guidelines you must follow, no matter what type of notarization is required of you. 1. You must make sure that the document signer appears before you in person, when the notarization takes place. You must both be in the same place at the same time. There is an exception to this rule: an attorney in fact who has power of attorney. 2. Next, you must make sure that you are able to communicate with the signer. If you do not speak the same language, you cannot perform the notarization. The use of interpreters is not allowed. You can notarize documents written in a different language, as long as you can communicate verbally with the signer. 3. Once you have established this, you need to verify the identification of the signer. Make sure that the signer is who he or she claims to be. 4. You must then scan the document for blank spaces or places where the document is obviously incomplete. With experience, this will become easier. Do not notarize an obviously incomplete document. 5. Next, you need to perform the notarization by filling out the appropriate certificate. Make sure that the venue and date are correct, and that all information is filled out at the same time your signature and seal are placed on the certificate. 6. Finally, you must record the notarization and all pertinent information in your notary journal. This is a requirement of all Colorado notaries. Following these guidelines will safeguard you against any repercussions for an incomplete or faulty notarization. If you fail to follow these guidelines, your commission could be in danger, or you may face other penalties. Notes Six guidelines to follow at time of notarization Following these guidelines will safeguard you against any repercussions for an incomplete or faulty notarization: 1. Make sure signer appears in person at time of notarization (you must both be in same place at same time) Exception: o An attorney in fact who has power of attorney 54

55 2. Make sure you can communicate with signer: Need to speak the same language as signer Use of interpreter is not allowed You can notarize document in a different language as long as you can communicate verbally with the signer 3. Verify identity of signer 4. Scan document for blank space; verify document is complete 5. Perform notarization by filling out the appropriate certificate Make sure that venue and date are correct Make sure that all information is filled out at the same time as your signature and seal are placed on certificate 6. Record notarization and all pertinent information in notary journal 55

56 Quiz 1) A notary must be able to with the customer in order to perform an acknowledgment or jurat. A. execute B. dance C. correspond D. communicate E. negotiate 2) If a notary cannot communicate with a customer, what should the notary do? A. Wing it B. Refer the customer to a notary that speaks the customer's language C. Obtain an interpreter/translator D. Refer the customer to an immigration specialist E. Refer the customer to an attorney 3) In almost all cases, a notary and his/her client, in order for a notarization to take place, must be in the same at the same time. A. city B. state C. location D. country E. school 4) Do not notarize an obviously document. A. complete B. incomplete C. finished D. true E. executed 56

57 Quiz Answer Key 1) A notary must be able to with the customer in order to perform an acknowledgment or jurat. A. execute B. dance C. correspond D. communicate E. negotiate 2) If a notary cannot communicate with a customer, what should the notary do? A. Wing it B. Refer the customer to a notary that speaks the customer's language C. Obtain an interpreter/translator D. Refer the customer to an immigration specialist E. Refer the customer to an attorney 3) In almost all cases, a notary and his/her client, in order for a notarization to take place, must be in the same at the same time. A. city B. state C. location D. country E. school 4) Do not notarize an obviously document. A. complete B. incomplete C. finished D. true E. executed 57

58 Lesson 2: Identification One of the most important aspects of notarizing documents is to verify the identity of the document signer or presenter. By law, this must be done for all acknowledgments and jurats. Verifying identity is crucial in deterring fraud. To verify identity, you must know through personal knowledge or have satisfactory evidence that the person appearing before you is the person described in and who is executing the document. Personal knowledge, as defined in Notary Public Law, means having an acquaintance, derived from association with the individual in relation to other people and based upon a chain of circumstances surrounding the individual, which establishes the individual s identity. Satisfactory evidence is either paper identification documents or the oath of a credible witness, who is personally known to the notary and who personally knows the individual. Along with either of these forms of evidence, you must make sure that there is no indication that would lead you to believe that the individual is not who he or she claims to be. If you do not obtain satisfactory evidence, and perform the notarization without it, you will be held responsible, and will face severe consequences. When presented with paper identification documents, you must make sure that the document is a current, government-issued identification card bearing a photograph and signature. The following documents are some examples of satisfactory evidence of identity: a state identification card or driver s license, a passport, a military identification card; and a student ID card. When the signer does not have the proper identification, a credible witness can confirm the signer s identity. You must personally know the witness and this witness must personally know the signer. He or she must present proper identification and must take an oath swearing or affirming, under penalty of perjury, that the signer is personally known to the witness, and that the signer is the person named in the document. In some circumstances, you might need to perform a notarization for someone acting as a personal representative, such as an attorney-in-fact. In these cases, you must identify the individual, as well as their representative capacity. Identification Notes 1. Verifying ID of document signer or presenter is crucial in deterring fraud Know through personal knowledge o Have an acquaintance, derived from association with the individual in relation to other people and based upon a chain of circumstances surrounding the individual, which establishes the individual s identity Be presented with satisfactory evidence of the signer/presenter s identity, either: o Paper evidence (identification documents), or o Oath of credible witness who you personally know and who personally knows the document signer 2. You must make sure you are satisfied the individual is who he/she claims to be 58

59 Satisfactory Evidence of Identification 1. Current Paper documentation Government-Issued ID card with photo and signature Examples: o a state identification card or driver s license o a passport o a military identification card o a student ID card 2. Oath of a credible witness You must know witness through personal knowledge Witness must know document signer Witness must take an oath affirming: Witness personally knows signer Signer is person named in document Personal Representatives 1. You might need to perform notarization for personal representative Example: Attorney-in-fact 2. You must identify the individual, as well as their representative capacity 59

60 Quiz 1) True or False: A notary must identify an individual who appears before them. 2) Documents provided for identification must provide the following: (You may choose more than one answer) A. A description of the person named on it B. The address of the person named on it C. A serial or other identifying number D. Signature of the person named on it E. A photograph 3) True or False: Identification documents must be current. 4) If a credible witness is used as satisfactory evidence to establish the identity of a signer,. (Complete the statement with one of the answers below.) A. The witness must personally know the signer and the document executor B. The witness must personally write the document C. The witness must personally know the notary D. A and B E. A and C 5) True or False: If a credible witness is used as satisfactory evidence, he or she must perform an oath or affirmation. 6) True or False: You might be required to notarize a document for a personal representative of the document signer. 60

61 Quiz Answer Key 1) True or False: A notary must identify an individual who appears before them. 2) Documents provided for identification must provide the following: (You may choose more than one answer) A. A description of the person named on it B. The address of the person named on it C. A serial or other identifying number D. Signature of the person named on it E. A photograph 3) True or False: Identification documents must be current. 4) If a credible witness is used as satisfactory evidence to establish the identity of a signer,. (Complete the statement with one of the answers below.) A. The witness must personally know the signer and the document executor B. The witness must personally write the document C. The witness must personally know the notary D. A and B E. A and C 5) True or False: If a credible witness is used as satisfactory evidence, he or she must perform an oath or affirmation. 6) True or False: You might be required to notarize a document for a personal representative of the document signer. 61

62 Lesson 3: Notary Journal It is required of all notaries to keep a notary journal. This journal is an official record of all acts performed as a notary. The journal must be accurate and chronological. You must keep only one active journal at a time. You must keep this journal under your direct and exclusive control at all times, and keep it stored in a secure area. There are several purposes for keeping a notary journal. Primarily, notary journals are used as protection for you, your clients and the general public. By law, notaries are required to record all notarial acts in his/her journal. There is one exception to this rule. According to the Notaries Public Act, if your firm or employer, in the regular course of business, keeps all the documents that you notarize, or copies of them, you are not required to make a journal entry. This is not to say that you cannot record these notarizations, it is just not required by law. However, in this matter, the Secretary of State contends that it is definitely in the best interest of the notary to record all acts in his/her notary journal, regardless of the exception. When it comes to what information must be recorded in each journal entry, the Notaries Public Act doesn t mandate any particular information. As a notary, you can choose which information you want to include. You may record any or part of the following for each notarization: the type and date of the act; the title or type of document or proceeding; the date of the document or proceeding (if different than the date of the notarization); the name of each party whose signature is being notarized; the signature and address of each party whose signature is being notarized; the signature, printed name, and address of each witness to the notarization; and any other information that you feel is important. When deciding which information to include, just remember that the more complete the journal, the better the protection. As a precaution, it is highly recommended that you have each client sign your journal at the time of the notarization. This is for your protection, as it provides evidence that the client was physically present at the time of notarization. Here is a sample page of a Notary Journal: (See pg. 64) As a notary, your journal is your exclusive property. As such, you must never surrender your journal to anyone, including your employer. You must not release it, except under the following circumstances: Upon resignation, disqualification, death, removal from office, and expiration of commission, the journal and all other notary records must be delivered to the office of the Secretary of State as soon as possible. If your journal is lost, stolen, misplaced, or rendered unusable, you need to notify the Secretary of State within 30 days. 62

63 Notes Notary Journal 1. All notaries must keep a notary journal. 2. Official record of all acts performed as a notary. Journal Requirements 1. Journal must be accurate 2. Journal must be chronological 3. Only one active journal must be kept at a time 4. Journal must be under your direct control at all times 5. Journal must be stored in secure area Purpose of Journal Protects: Notaries Clients General Public Journal Contents All notarial acts must be recorded in journal One exception: if firm or employer, in the regular course of business, keeps all the documents that are notarized, or copies of them, journal entry is not required Secretary of State contends that it is definitely in the best interest of the notary to record all acts in the notary journal, regardless of the exception. Journal Entries 1. Notaries Public Act doesn t mandate any particular information 2. You can choose what information you want to include 3. You may include any or part of the following: Type and date of the act The title or type of document or proceeding Date of the document or proceeding (if different than the date of the notarization) Name of each party whose signature is being notarized Signature and address of each party whose signature is being notarized Signature, printed name, and address of each witness to the notarization Any other important information 4. When deciding which information to include, just remember that the more complete the journal, the better the protection 63

64 5. As a precaution, it is highly recommended that you have each client sign your journal at the time of the notarization. This is for your protection, as it provides evidence that the client was physically present at the time of notarization. Sample Journal Page: Surrendering Your Journal 1. Journal is your exclusive property Cannot be taken from you by anyone You cannot surrender your register to anyone, even employer, except under following circumstances: o Surrender register to the office of the Secretary of State as soon as possible upon: Resignation Disqualification Death Removal from office Expiration of your commission 64

65 Lost, Stolen, Misplaced or Unusable Journal 1. Notify Secretary of State within 30 days 65

66 Quiz 1) True or False: It is strongly recommended, but not required that a notary keep a journal. 2) A notary must keep only one active containing all acts performed as a notary public. A. file B. folder C. article D. register E. journal 3) Where must the notary journal be kept? A. In the trunk of the notary's car B. In a locked and secured area, under the direct and exclusive control of the notary's employer. C. In the notary's place of business D. In a secured area, under the direct and exclusive control of the notary. E. In a locked briefcase 4) What must a notary do if his/her notary journal is lost, stolen, misplaced, destroyed, damaged, or otherwise rendered unusable? A. Hire an investigator B. Resign his/her commission immediately C. Notify the County Clerk immediately by certified or registered mail D. Immediately buy a temporary journal E. Notify the Secretary of State within 30 days 5) True or False: The journal is the exclusive property of the notary public and cannot be surrendered to another person, even if this individual paid for the journal. 66

67 6) The notary journal is an official record of: A. Each document notarized B. Each client C. All acts performed as a notary D. Identification 7) True or False: It is up to the notary what information he/she decides to include in the journal for each notarial act. 8) When is a journal entry not required? A. When you notarize a document for a family member B. When your employer keeps all notarized documents (or copies of) on file C. When your employer keeps a record of all notarizations D. It is always required E. When you only perform an oath 9) It is highly recommended that: A. You have each client sign your notary journal B. You have your employer sign your notary journal C. You take a right thumbprint of each client D. You write down the address and phone number of each client E. You perform an oath/affirmation with each client 67

68 Quiz Answer Key 1) True or False: It is strongly recommended, but not required that a notary keep a journal. 2) A notary must keep only one active containing all acts performed as a notary public. A. file B. folder C. article D. register E. journal 3) Where must the notary journal be kept? A. In the trunk of the notary's car B. In a locked and secured area, under the direct and exclusive control of the notary's employer. C. In the notary's place of business D. In a secured area, under the direct and exclusive control of the notary. E. In a locked briefcase 4) What must a notary do if his/her notary journal is lost, stolen, misplaced, destroyed, damaged, or otherwise rendered unusable? A. Hire an investigator B. Resign his/her commission immediately C. Notify the County Clerk immediately by certified or registered mail D. Immediately buy a temporary journal E. Notify the Secretary of State within 30 days 5) True or False: The journal is the exclusive property of the notary public and cannot be surrendered to another person, even if this individual paid for the journal. 68

69 6) The notary journal is an official record of: A. Each document notarized B. Each client C. All acts performed as a notary D. Identification 7) True or False: It is up to the notary what information he/she decides to include in the journal for each notarial act. 8) When is a journal entry not required? A. When you notarize a document for a family member B. When your employer keeps all notarized documents (or copies of) on file C. When your employer keeps a record of all notarizations D. It is always required E. When you only perform an oath 9) It is highly recommended that: A. You have each client sign your notary journal B. You have your employer sign your notary journal C. You take a right thumbprint of each client D. You write down the address and phone number of each client E. You perform an oath/affirmation with each client 69

70 Lesson 4: Notary Seal To begin work as a notary, you will first need to purchase your notary seal. It is mandatory for all Colorado notaries to have and use a seal. You must use your seal on every document you notarize. Once you have your seal, you may begin work as a notary. In Colorado, you can have an embossed seal or a rubber stamp seal. Either is acceptable. There are no restrictions on size or shape, just use your judgment when selecting your seal. Your seal must contain the outline of the seal, your name exactly as it appears on your commission the words State of Colorado, and the words Notary Public. Under or near your official signature, you must write or stamp the words My commission expires. You can handwrite these words, get a special stamp made with these words, or if you would like them to be included on your seal, they must be outside of the outline of your notary seal. Just remember that you are responsible for obtaining a seal that complies with Colorado Law. Here are examples of Colorado notary seals: (See pg. 71) Notary Public Law explicitly states that the notary s seal is the exclusive property of the notary public to whom it is issued. Once you obtain your seal, you must protect it. You must keep it in a secured area where no one but you has access to it. As long as you are a practicing notary with a valid commission, you must keep the seal under your control. You cannot permit the use of your seal by another person. Anyone else using your seal is guilty of a Class 3 misdemeanor. You must also take care that the seal is only used for official notarizations. Do not use the seal for any other purpose. If something does happen to your seal (if it is lost, misplaced, destroyed, broken, damaged, or otherwise unworkable), you need to notify the Secretary of State within 30 days. You may need to pay a fee at this time. A notary public whose commission is revoked or recalled for any reason, or upon resignation or death, must deliver (or a representative must deliver) his/her seal (along with all other notarial records) to the office of the Secretary of State as soon as possible. At this time, the notary s commission will cease to be in effect. Using the seal correctly authenticates all official acts you perform as a notary. When using the seal on documents you are notarizing, it is important that the seal be placed in a prominent place on the official notarial certificate near your signature. It is also important for the seal and contents of the document to be completely legible. Do not place your seal over any other print, text or signatures, or obscure the contents of the documents in any way. When using a rubber stamp, sometimes, if it is not pressed exactly right, it can be smudged. You must be very careful that the seal is a clear impression. 70

71 Notes It is mandatory for all Colorado notaries to have and use a seal; once seal is purchased and received, you may begin work as a notary. Notary Seal 1. Embossed Seal or Rubber Stamp No restrictions on size or shape 2. Seal requirements: Outline of seal Notary s name exactly as it appears on commission Words State of Colorado Words Notary Public Notary must add the words My commission expires. near official signature o Can be handwritten o Can be stamped o Can be added to seal, outside of seal outline Seal must comply with Colorado Law 3. Examples of acceptable Colorado notary seals: 4. Seal is exclusive property of notary; keep in a secure place and under your control Cannot permit the use of your seal by another person o Use of seal by anyone but named notary will be guilty of a class 3 misdemeanor Do not use seal for any other purpose than for notarization 5. Lost, misplaced, destroyed, broken, damaged, or otherwise unworkable Notify Secretary of State within 30 days May have to pay a fee 6. Commission revoked, recalled or resigned or death of notary: Deliver the seal to the Secretary of State as soon as possible 71

72 7. Seal must be completely legible Placed in prominent place on official certificate near notary s signature Clear impression Not placed over any print, text, or signature 72

73 Quiz 1) A notary public must have and use a. A. Badge B. Microphone C. Clipboard D. Seal E. Mobile phone 2) Where must the seal be kept? A. In a secured area, under the direct and exclusive control of the notary's employer B. In the County Clerk's office C. In the notary's office D. In a secured area, under the direct and exclusive control of the notary E. In the trunk of the notary's car 3) Under what circumstances can the seal be used by another person? A. If the other person paid for the seal B. If the other person is the notary's employer C. Never. The seal cannot be used by another person D. If the notary loses his/her notary journal E. Anytime, but only for a short time 4) What must happen to the seal when the notary's commission is no longer valid (termination, resignation, or revocation)? A. The seal must be delivered to the Secretary of State s office B. The seal must be placed in a locked and secured area C. The seal must be delivered to the County Clerk s office D. The seal must be delivered to the County Registrar E. The seal must be destroyed 5) The notary seal can only be used for what purpose? A. To prove the notary's identity B. Rendering notarial services C. To stamp immigration documents D. To make things look official E. To obtain perks 73

74 6) What is not a requirement of a Colorado notary seal? A. It must contain an outline B. It must contain the notary s commission number C. It must contain the notary s official name D. It must contain the words State of Colorado E. It must contain the words Notary Public 7) What must be written or stamped near the notary s signature and can also be printed on the seal? A. Notary s place of employment B. Notary's commission number C. Notary's commission expiration date D. Notary's home address E. All of the above 8) What must immediately happen if a notary's seal is lost, misplaced, destroyed, broken, damaged, or is rendered otherwise unworkable? A. The notary must notify the Secretary of State within 30 days B. The notary must immediately mail or deliver written notice to the County Clerk's office C. The notary must resign his/her commission D. The notary must immediately notify the manufacturer of the seal E. The notary must notify the Secretary of State within 15 days 9) True or False: Your notary seal must be a rubber stamp. 10) True or False: Using the seal authenticates all official acts the notary performs. 74

75 Quiz Answer Key 1) A notary public must have and use a. A. Badge B. Microphone C. Clipboard D. Seal E. Mobile phone 2) Where must the seal be kept? A. In a secured area, under the direct and exclusive control of the notary's employer B. In the County Clerk's office C. In the notary's office D. In a secured area, under the direct and exclusive control of the notary E. In the trunk of the notary's car 3) Under what circumstances can the seal be used by another person? A. If the other person paid for the seal B. If the other person is the notary's employer C. Never. The seal cannot be used by another person D. If the notary loses his/her notary journal E. Anytime, but only for a short time 4) What must happen to the seal when the notary's commission is no longer valid (termination, resignation, or revocation)? A. The seal must be delivered to the Secretary of State s office B. The seal must be placed in a locked and secured area C. The seal must be delivered to the County Clerk s office D. The seal must be delivered to the County Registrar E. The seal must be destroyed 5) The notary seal can only be used for what purpose? A. To prove the notary's identity B. Rendering notarial services C. To stamp immigration documents D. To make things look official E. To obtain perks 75

76 6) What is not a requirement of a Colorado notary seal? A. It must contain an outline B. It must contain the notary s commission number C. It must contain the notary s official name D. It must contain the words State of Colorado E. It must contain the words Notary Public 7) What must be written or stamped near the notary s signature and can also be printed on the seal? A. Notary s place of employment B. Notary's commission number C. Notary's commission expiration date D. Notary's home address E. All of the above 8) What must immediately happen if a notary's seal is lost, misplaced, destroyed, broken, damaged, or is rendered otherwise unworkable? A. The notary must notify the Secretary of State within 30 days B. The notary must immediately mail or deliver written notice to the County Clerk's office C. The notary must resign his/her commission D. The notary must immediately notify the manufacturer of the seal E. The notary must notify the Secretary of State within 15 days 9) True or False: Your notary seal must be a rubber stamp. 10) True or False: Using the seal authenticates all official acts the notary performs. 76

77 Lesson 5: The Notarial Certificate Notarial certificates, which can also be referred to as notarizations, are official public records of a notary s acts. They are your testimony about what you have done and witnessed in your official capacity. Regardless what type of notarization, they must contain some basic elements. Notarial certificates must contain the venue of the notarial act. In Colorado, this means that each certificate must contain the words State of Colorado and the county where the notarization takes place. If you are notarizing in Denver or Broomfield, you need to put the city and county. They must also contain the date of the notarial act. The date has to be the date the certificate is filled out. Even if your client requests pre or post-dating the certificate, it is not allowed. Each notarial certificate must also contain a brief description of what the notarial act is, whether it is an acknowledgment, an oath or affirmation, or preparation of a certified copy. Your signature, seal, and commission expiration date are also required on each certificate. Make sure your name and seal information matches your commission certificate exactly. Make sure the expiration date that you enter is exactly the same as on your commission certificate. If the expiration date you enter is incorrect, the notarization cannot be valid. You would be held responsible for any consequences of this. You are responsible for making sure that this information is included and accurate when performing all notarizations. If a document does not have a preprinted certificate, you may add one. Loose, stamped or even handwritten certificates are acceptable. If you do use a loose certificate, make sure that the document is described very carefully in the certificate, so the notarization doesn t get attached to another document. Notes Notarial Certificates 1. Official public records of a notary s acts 2. Testimony about what notary has done and witnessed in his/her official capacity Basic Elements of Notarial Certificates 1. Venue: State of Colorado and county If notarization performed in Denver or Broomfield, enter city as well 2. Date of the notarial act Cannot be pre or post-dated 3. Brief Description of notarial act 4. Notary s official signature Must match commission certificate 5. Notary s seal 6. Notary s commission expiration date Must match commission certificate 7. Loose, stamped or handwritten certificates are acceptable 77

78 Quiz 1) Notarial Certificates are A. official public records of a notary s acts B. not required for all notarial acts C. testimony about what notary has done and witnessed in his/her official capacity D. All of the above E. A and C 2) All notarial certificates must contain all of the following except: A. The venue B. The date the notarization takes place C. The notary s official signature, seal and commission expiration date D. A description of the notary act E. The notary s commission number 3) What must be added to a notarial certificate if the notary is in Denver or Broomfield? A. The address where the notarization takes place B. The city where the notarization takes place C. The notary s address D. An addendum E. None of the above 4) True or False: Notarial certificates cannot be handwritten. 78

79 Quiz Answer Key 1) Notarial Certificates are A. official public records of a notary s acts B. not required for all notarial acts C. testimony about what notary has done and witnessed in his/her official capacity D. All of the above E. A and C 2) All notarial certificates must contain all of the following except: A. The venue B. The date the notarization takes place C. The notary s official signature, seal and commission expiration date D. A description of the notary act E. The notary s commission number 3) What must be added to a notarial certificate if the notary is in Denver or Broomfield? A. The address where the notarization takes place B. The city where the notarization takes place C. The notary s address D. An addendum E. None of the above 4) True or False: Notarial certificates cannot be handwritten. 79

80 Lesson 6: Accommodation of Physical Limitations When the signer of a document cannot write (sign) his or her name due to a physical limitation, that person may have someone else sign the document on his/her behalf. This person must be present at the time of the notarization, along with the document signer. When this type of signer comes to you with a document to be notarized, you follow all normal procedures, including establishing identity. When it is time for the signature on the document, the person who is acting on the signer s behalf needs to fill in the document signer s name where indicated. Under or near the signature, he or she needs to write Signature written by (name of individual directed to sign) at the direction and in the presence of (name as signed) on whose behalf the signature was written, or a similar statement. In some situations, a client may not be able to verbally communicate or write due to severe physical limitations. In these cases, you are authorized to use signals, electronic or mechanical means to perform the notarization. Notes Physical Limitations 1. Signer cannot write his/her name Someone else can sign the document on signer s behalf This person must be present at the time of the notarization, along with the document signer Notarization o Follow all normal procedures o When it is time for the signature, the person who is acting on the signer s behalf needs to fill in the document signer s name where indicated o Under or near the signature, write Signature written by (name of individual directed to sign) at the direction and in the presence of (name as signed) on whose behalf the signature was written, or a similar statement 2. Signer unable to verbally communicate or write due to severe physical limitation Use signals, electronic or mechanical means to perform the notarization 80

81 Quiz 1) True or False: If, due to physical limitations, a client cannot sign his/her name, someone else can do it for them. 2) True or False: If the signer cannot sign his/her name, the person who signs it for him/her can have the document notarized without the signer present. 3) True or False: If you cannot communicate verbally with the signer, you may not notarize the document. 4) True or False: You must establish the identity of the person signing on behalf of the document signer. 81

82 Quiz Answer Key 1) True or False: If, due to physical limitations, a client cannot sign his/her name, someone else can do it for them. 2) True or False: If the signer cannot sign his/her name, the person who signs it for him/her can have the document notarized without the signer present. 3) True or False: If you cannot communicate verbally with the signer, you may not notarize the document. 4) True or False: You must establish the identity of the person signing on behalf of the document signer. 82

83 Lesson 7: Electronic Notarization With the enactment of the Uniform Electronic Transactions Act (UETA) and the enactment of the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), electronic documents and electronic signatures became as legally binding as paper documents and pen-and-ink signatures. Colorado is one of the first states to have an official electronic notarization program in effect, and expects to see rapid growth in e- notarizations as the technology becomes more readily available. Electronic Notarization Definition Electronic notarization (e-notarization) in its most basic form is the process of a commissioned notary affixing an electronic signature to an electronic document. There are two types of electronic signatures that Colorado provides for: the Document Authentication Numbers (DANs) issued by the Secretary of State and used as the electronic signature, and an electronic signature purchased from private sector vendors such as Verisign or the National Notary Association, when used in conjunction with the DANs issued by the Secretary of State. When performing an e-notarization, most of the process is the same as for a traditional notarization. The document signer must appear in your presence, and sign or acknowledge in your presence. The signer may type their name in the electronic document, or you may use a digital signature pad. When filling out the notarization certificate, you would electronically place a DAN onto the document (which exists as electronic data in a computer-readable form.) Following the e-notarization, you need to enter the transaction in your notary journal, including the DAN. The document signer must sign the journal by hand. An electronic document exists as electronic data in a computer-readable form, rather than as words on a printed paper page. Some examples of electronic documents are word processing documents, messages; portable documents format (PDF) files, documents scanned into an image format, such as the software known as Adobe, and web pages. An electronic document, such as a mortgage agreement, has the same properties as a paper version, but is created and maintained electronically, usually via a computer program or a web site. Currently, the uses for e-notarization are limited, and not in wide demand. Becoming an E-Notary Before you start the process of becoming an e-notary, you need to make sure that your notary practice is capable of receiving and recording electronic documents. You need to make sure that you and/or your employer have the necessary hardware and software to create, authorize, validate and distribute documents electronically. There are 4 steps in the process of becoming an e-notary: Step 1: Once you are a commissioned notary public (or applying to become a notary public) in the State of Colorado you must be familiar with the law and rules regulating e-notarization. Step 2: You must complete the Notification of Intent to Notarize Electronically form and send it to the Secretary of State s office. The electronic notary application form is available on the Secretary of State s website at 83

84 Step 3: If you are approved to become an e-notary, you will receive an approval certificate from the Secretary of State. Step 4: The Secretary of State will provide you with an electronic log that contains a series of Document Authentication Numbers (DANs) that you will use as your electronic signature, in conjunction with your name, the words Notary Public, and State of Colorado, and the words my commission expires followed by your commission expiration date. A different DAN should be used for each notarization you perform. You must secure this log against access or use by anyone other than yourself, and must not permit access by another person. Expiration of Notice to Notarize Electronically There are several circumstances when you would no longer be authorized to e-notarize. If your commission expires (without renewal) or is revoked, if your name changes and you do not submit a change of name form within 30 days, if you use a different signature than the DAN issued by the Secretary of State, if you are convicted of a felony during your commission term, if you move out of the state of Colorado, if you die, if the e-notarization technology changes, or if the e-notarization technology expires, is revoked, or made unavailable. If your e-notarization authority is revoked for any of these reasons, you (or an authorized representative) must permanently erase, delete or destroy your e-notarization software, and any unused Document Authentication Numbers within 30 days. If it is just a matter of your notary commission expiring, you just need to make sure you renew your commission and reregister your electronic signature within 30 days following the expiration date of your commission. If you do this, you do not have to take these measures. If you lose your Document Authentication Numbers, or become aware that someone else (other than the Secretary of State s office) has access to them, you need to notify the Secretary of State within 30 days, in the same manner is for a lost journal or seal. The Secretary of State, upon your request, will issue you a new log of Document Authentication Numbers. Notes Electronic Documents Electronic documents and electronic signatures are as legally binding as paper documents and pen-andink signatures Electronic Notarization Definition The process of a commissioned notary affixing an electronic signature to an electronic document 1. There are two types of electronic signatures that Colorado provides for: Document Authentication Numbers (DANs) issued by the Secretary of State and used as the electronic signature An electronic signature purchased from private sector vendors such as Verisign or the National Notary Association, when used in conjunction with the DANs issued by the Secretary of State. 2. To perform an e-notarization: The document signer must appear in your presence, and sign or acknowledge in your presence. The signer may type their name in the electronic document, or you may use a digital signature pad. 84

85 When filling out the notarization certificate, you would electronically place a DAN onto the document Following the e-notarization, you need to enter the transaction in your notary journal, including the DAN. The document signer must sign the journal by hand. 3. An electronic document exists as electronic data in a computer-readable form, rather than as words on a printed paper page 4. Currently, the uses for e-notarization are limited, and not in wide demand. 5. Examples of electronic documents: 1. word processing documents 2. messages 3. portable documents format (PDF) files 4. documents scanned into an image format, such as the software known as Adobe 5. web pages 6. An electronic document has the same properties as a paper version, but is created and maintained electronically, usually via a computer program or a web site. Becoming an E-Notary 1. Before you start the process of becoming an e-notary, you need to make sure that your notary practice is capable of receiving and recording electronic documents. You need to make sure that you and/or your employer have the necessary hardware and software to create, authorize, validate and distribute documents electronically. 2. There are 4 steps you must follow to become an e-notary: Step 1: Once you are a commissioned notary public (or applying to become a notary public) in the State of Colorado you must be familiar with the law and rules regulating e-notarization. Step 2: You must complete the Notification of Intent to Notarize Electronically form and send it to the Secretary of State s office. o The electronic notary application form is available on the Secretary of State s website at Step 3: If you are approved to become an e-notary, you will receive an approval certificate from the Secretary of State. Step 4: The Secretary of State will provide you with an electronic log that contains a series of Document Authentication Numbers (DANs) that you will use as your electronic signature, in conjunction with your name, the words Notary Public, and State of Colorado, and the words my commission expires followed by your commission expiration date. A different DAN should be used for each notarization you perform. You must secure this log against access or use by anyone other than yourself, and must not permit access by another person. Expiration of Notice to Notarize Electronically 1. There are several circumstances when you would no longer be authorized to e-notarize: Your commission expires (without renewal) or is revoked Your name changes and you do not submit a change of name form within 30 days You use a different signature than the DAN issued by the Secretary of State You are convicted of a felony during your commission term You move out of the state of Colorado You die E-notarization technology changes E-notarization technology expires, is revoked, or made unavailable 85

86 2. If your e-notarization authority is revoked for any of these reasons, you (or an authorized representative) must permanently erase, delete or destroy your e-notarization software, and any unused Document Authentication Numbers within 30 days If it is just a matter of your notary commission expiring, you just need to make sure you renew your commission and reregister your electronic signature within 30 days following the expiration date of your commission. If you do this, you do not have to take these measures. 3. If you lose your Document Authentication Numbers, or become aware that someone else (other than the Secretary of State s office) has access to them, you need to notify the Secretary of State within 30 days, in the same manner is for a lost journal or seal. The Secretary of State, upon your request, will issue you a new log of Document Authentication Numbers. 86

87 Quiz 1) True or False: Electronic documents and electronic signatures are as legally binding as paper documents and pen-and-ink signatures. 2) What are the two types of electronic signatures that are provided for Colorado e-notaries by the Secretary of State? A. Electronic signature purchased from private sector vendors when used in conjunction with DANs B. Document Authentication Numbers C. Document Authorization Numbers D. A and B E. A and C 3) How does your client (the document signer) sign the electronic document? A. Using a pen B. They use one of the DANs issued to the notary C. They can type their name in lieu of a signature D. They can use a digital signature pad if provided by the notary E. C and D 4) How does a notary sign an electronic document? A. He/She uses a digital signature pad B. He/She types his/her name in lieu of a signature C. He/She electronically inputs a Document Authentication Number into the document D. He/She just uses his/her notary seal E. None of the above 5) True or False: When notarizing electronically, the document signer does not need to appear in person. 87

88 6) True or False: Electronic notarization is the process of a commissioned notary affixing a state-approved electronic signature to an electronic document. 7) True or False: Electronic documents have different properties than paper versions, and should be treated differently when notarizing. 8) True or False: The journal entry must contain a signature of your client (the document signer). The signature is done by hand. 9) Before you apply to become an e-notary you must be sure A. you have the necessary hardware and software to create, authorize, validate and distribute documents electronically B. you are familiar with the laws and regulations regarding e-notarization C. you have a large notary practice D. you have the latest technology E. A and B 10) True or False: You may use a DAN more than once. 11) You would no longer be authorized to e-notarize if A. You are convicted of a felony during your commission term B. Your commission expires (without renewal) or is revoked C. Your name changes and you do not submit a change of name form within 30 days D. You use a different signature than the DAN issued by the Secretary of State E. All of the Above 88

89 Quiz Answer Key 1) True or False: Electronic documents and electronic signatures are as legally binding as paper documents and pen-and-ink signatures. 2) What are the two types of electronic signatures that are provided for Colorado e-notaries by the Secretary of State? A. Electronic signature purchased from private sector vendors when used in conjunction with DANs B. Document Authentication Numbers C. Document Authorization Numbers D. A and B E. A and C 3) How does your client (the document signer) sign the electronic document? A. Using a pen B. They use one of the DANs issued to the notary C. They can type their name in lieu of a signature D. They can use a digital signature pad if provided by the notary E. C and D 4) How does a notary sign an electronic document? A. He/She uses a digital signature pad B. He/She types his/her name in lieu of a signature C. He/She electronically inputs a Document Authentication Number into the document D. He/She just uses his/her notary seal E. None of the above 5) True or False: When notarizing electronically, the document signer does not need to appear in person. 89

90 6) True or False: Electronic notarization is the process of a commissioned notary affixing a state-approved electronic signature to an electronic document. 7) True or False: Electronic documents have different properties than paper versions, and should be treated differently when notarizing. 8) True or False: The journal entry must contain a signature of your client (the document signer). The signature is done by hand. 9) Before you apply to become an e-notary you must be sure A. you have the necessary hardware and software to create, authorize, validate and distribute documents electronically B. you are familiar with the laws and regulations regarding e-notarization C. you have a large notary practice D. you have the latest technology E. A and B 10) True or False: You may use a DAN more than once. 11) You would no longer be authorized to e-notarize if A. You are convicted of a felony during your commission term B. Your commission expires (without renewal) or is revoked C. Your name changes and you do not submit a change of name form within 30 days D. You use a different signature than the DAN issued by the Secretary of State E. All of the Above 90

91 Lesson 8: Apostilles and Certifications During the course of your career as a notary, you might notarize documents that are going to be filed in another country. These type of documents will need to be accompanied by an authentication, called an Apostille or Certificate of Magistracy. These certificates authenticate the signature of a notary public and/or other public officers. They certify that the notary s commission is current and the notary is in good standing. They are issued, upon request using a form, by the Secretary of State to the document signer. If the document is to be used outside the United States, the country of destination determines whether the authentication is an Apostille or Certificate of Magistracy. In countries that have accepted the Hague Convention, your appointment as a notary public is certified by an Apostille. A Certificate of Magistry is affixed to documents intended for countries that are not party to the Hague Convention. Common uses of an authentication may be for adoptions, international business transactions, foreign study, dual citizenship, patents, marriage licenses, reference and job certification, birth certificates, transcripts and many other uses. When notarizing these typed of documents, as with any notarization, you must make sure you follow the correct protocol. If there is any mistake on the notarization certificate, your client would not be able to get the Apostille or Certificate of Magistry and you would be held responsible for any ramifications. Notes Documents Filed in Other Country 1. Will need to be accompanied by an authentication, called an Apostille or Certificate of Magistry. These certificates authenticate the signature of a notary public and/or other public officers. They certify that the notary s commission is current and the notary is in good standing. They are issued, upon request using a form, by the Secretary of State to the document signer. 2. If document is to be used outside the U.S., the country of destination determines whether verification is an Apostille or Certification 3. Apostille used for countries that have accepted the Hague Convention 4. Certificate of Magistracy used for countries that are not party to the Hague Convention 5. Common uses of authentication: Adoptions international business transactions foreign study dual citizenship patents marriage licenses reference and job certification birth certificates transcripts Many others 91

92 6. Make sure you follow the correct protocol. If there is any mistake on the notarization certificate, your client would not be able to get the Apostille or Certificate of Magistry and you would be held responsible for any ramifications 92

93 Quiz 1) Documents to be filed in another country might require: A. Authentication B. Jurats C. Oaths of Office D. Acknowledgments E. None of the Above 2) An Apostille is used in countries that have accepted the: A. Hague Treaty B. Geneva Convention C. UN Charter D. Hague Convention E. None of the Above 4) True or False: A Certificate of Magistracy is affixed to documents intended for countries that are not party to the Hague Convention. 5) True or False: It is the notary s responsibility to send the document to the Secretary of the Commonwealth for verification, whether by Apostille or Certification. 93

94 Quiz Answer Key 1) Documents to be filed in another country might require: A. Authentication B. Jurats C. Oaths of Office D. Acknowledgments E. None of the Above 2) An Apostille is used in countries that have accepted the: A. Hague Treaty B. Geneva Convention C. UN Charter D. Hague Convention E. None of the Above 4) True or False: A Certificate of Magistracy is affixed to documents intended for countries that are not party to the Hague Convention. 5) True or False: It is the notary s responsibility to send the document to the Secretary of the Commonwealth for verification, whether by Apostille or Certification. 94

95 Lesson 9: Immigration Matters As a Colorado notary, there are strict rules and regulations concerning the notarization of immigration documents. You can notarize some of these documents, following the guidelines outlined in earlier lessons, but you cannot assist a client in completing immigration forms, or advertise or represent yourself as an immigration consultant or expert on immigration matters, unless you are a licensed attorney. Before you notarize any immigration documents, you must educate yourself. Be aware that it is against federal law to notarize certain immigration documents, such as Certificates of Naturalization. Furthermore, any Colorado notary who advertises notary services in any other language than English, must post a notice, clearly visible, in the other language and in English, stating, I am not an attorney licensed to practice law in the state of Colorado and I may not give legal advice or accept fees for legal services. Oral advertisements must contain this message, though the wording does not have to be exact. Additionally, you must also list, in both languages, the set fees for notary services. You must never advertise yourself as a notario publico or notario, whether by written or oral communication, even if the above notice is posted. Violation of these laws constitutes a deceptive trade practice and shall also constitute official misconduct, resulting in a class 2 misdemeanor. Notes 1. Notary can notarize some immigration documents Educate yourself on immigration documents Against federal law to notarize certain documents such as Certificate of Naturalization 2. As a notary, you cannot assist client in completing immigration forms or advertise or represent yourself as an immigration consultant or expert on immigration matters, unless you are a licensed attorney. 3. If advertising notary services in any other language than English, you must post a notice, clearly visible, in the other language and in English, stating, I am not an attorney licensed to practice law in the state of Colorado and I may not give legal advice or accept fees for legal services. Oral advertisements must contain this message, though the wording does not have to be exact. Additionally, you must also list, in both languages, the set fees for notary services. 4. You must never advertise yourself as a notario publico or notario, whether by written or oral communication, even if the above notice is posted. Violation of these laws constitutes a deceptive trade practice and shall also constitute official misconduct, resulting in a class 2 misdemeanor. 95

96 Quiz 1) When can a notary assist a client in entering data on immigration forms? (And only then!) A. Whenever requested by a member of the public B. When the notary is experienced in immigration documents C. When the notary has advertized his/herself as a "Notario Publico" D. When the notary is also a licensed attorney E. Under the direction of an attorney 2) True or False: It is not permissible for a notary to perform notarizations on immigration documents. 3) What is the advertising criteria for a notary (who is not an attorney) advertising their services in a language other than English? (You may choose more than one answer.) A. The advertising must list the fees for services B. The advertising must include the official statement that the notary is not an attorney and cannot give legal advice C. The advertising must state his/her commission information D. The advertising must state the notary's place of business E. The advertising must be clearly visible 4) True or False: A notary must not translate the term "Notary Public" into Spanish, i.e., "Notario publico" 96

97 Quiz Answer Key 1) When can a notary assist a client in entering data on immigration forms? (And only then!) A. Whenever requested by a member of the public B. When the notary is experienced in immigration documents C. When the notary has advertized his/herself as a "Notario Publico" D. When the notary is also a licensed attorney E. Under the direction of an attorney 2) True or False: It is not permissible for a notary to perform notarizations on immigration documents. 3) What is the advertising criteria for a notary (who is not an attorney) advertising their services in a language other than English? (You may choose more than one answer.) A. The advertising must list the fees for services B. The advertising must include the official statement that the notary is not an attorney and cannot give legal advice C. The advertising must state his/her commission information D. The advertising must state the notary's place of business E. The advertising must be clearly visible 4) True or False: A notary must not translate the term "Notary Public" into Spanish, i.e., "Notario publico" 97

98 5) What is the consequence of advertising oneself as the Spanish "Notario Publico," or failing to post required information when advertising in another language besides English? (You may choose more than one answer.) A. A civil penalty up to $ B. A class 2 misdemeanor C. Conviction of deceptive trade practices D. Official Misconduct E. None of the Above 98

99 Unit 4 Notary Administrative Guidelines 99

100 Lesson 1: Commission Changes There are guidelines to follow if your circumstances change during the course of your commission term. If you change the location or address of your principal place of business or residence, you must notify the Secretary of State within 30 days. You do this online in your personal profile (if you are registered) or by filling out and printing a change of address form off the Secretary of State s website. If you wish to write a letter, just include all the information on the form, and make sure to sign it with your official notary signature. If you change your name, you must complete an application for name change form and file it with the Secretary of State. This must be done within 30 days of the name change. Make sure you include two signatures on the form, your old signature and your new signature, which reflects your new name. You must also include proof of legal name change, such as a marriage, divorce, court document or a driver s license issued in the new name. Once the name change form is approved, the Secretary of State will issue you an amended commission that reflects your new name. The term of the commission will remain the same. Once you receive your amended commission, you must also obtain a new seal, reflecting your new name. If you decide to resign your commission for any reason, you are required to deliver a letter of resignation, along with the seal, journal and all notarial records and papers to the Secretary of State. Once this letter is filed, the notary commission will cease to be in effect. In case of death, the Secretary of State will need to be promptly notified by a personal representative, and all the journal, seal and all notarial records and papers will need to be delivered to the Secretary of State s office. Notes Guidelines If Your Circumstances Change During Your Commission Term 1. Change of location or address of business or residence Notify the Secretary of State within 30 days o Change online in your personal profile o Download change of address form from Secretary of State s website or o Write a letter, including all information on the form, and sign with official signature 2. Change of name: Complete name change form o Include proof of name change, such as a marriage, divorce, court document or a driver s license issued in the new name File it with Secretary of State within 30 days of name change Include old and new signature on form Secretary of State will issue an amended commission reflecting your new name. The term of the commission and the commission number will remain the same You must obtain new seal with your new name 100

101 3. Decision to resign commission Deliver a letter of resignation, along with the seal, journal and all notarial records and papers to the Secretary of State. 4. Death Secretary of State needs to be promptly notified by personal representative of deceased All notarial records and papers would need to be delivered to Secretary of State s office 101

102 Quiz 1) If a notary decides to resign his/her commission for any reason he needs to deliver his/her to the Secretary of State. (You may choose more than one answer.) A. notary journal B. notary seal C. notary records and papers D. letter of resignation E. All of the above 2) What is required of a notary if he/she moves out of the state? A. He/She needs to deliver a letter of resignation, seal, journal and notary records to the Secretary of State B. He/She needs to apply for a notary transfer C. He/She needs to do nothing D. He/She needs to destroy his notarial papers and records E. He/She needs to call the Secretary of State s office and notify them 3) What is a notary required to do if he/she changes the location or address of his/her principal place of business or residence? A. He/She needs to do nothing B. He/She must obtain a new seal C. He/She must obtain a new commission D. He/She must obtain a new journal E. He/She must notify the Secretary of State within 30 days with the appropriate information 4) True or False: You can file an address change online. 102

103 5. What does a notary need to do in the event of a name change? (You may choose more than one answer.) A. He/She must call the Secretary of State s office and notify them B. Once his/her new commission is received, he/she needs to obtain a new seal C. Once his/her commission is received he/she must obtain a new journal D. He/She must reapply to become a notary public E. He/She must complete an application for name change form and file it with the Secretary of State 6) True or False: You have 15 days to file an address or name change with the Secretary of State s office. 103

104 Quiz Answer Key 1) If a notary decides to resign his/her commission for any reason he needs to deliver his/her to the Secretary of State. (You may choose more than one answer.) A. notary journal B. notary seal C. notary records and papers D. letter of resignation E. All of the above 2) What is required of a notary if he/she moves out of the state? A. He/She needs to deliver a letter of resignation, seal, journal and notary records to the Secretary of State B. He/She needs to apply for a notary transfer C. He/She needs to do nothing D. He/She needs to destroy his notarial papers and records E. He/She needs to call the Secretary of State s office and notify them 3) What is a notary required to do if he/she changes the location or address of his/her principal place of business or residence? A. He/She needs to do nothing B. He/She must obtain a new seal C. He/She must obtain a new commission D. He/She must obtain a new journal E. He/She must notify the Secretary of State within 30 days with the appropriate information 4) True or False: You can file an address change online. 104

105 5. What does a notary need to do in the event of a name change? (You may choose more than one answer.) A. He/She must call the Secretary of State s office and notify them B. Once his/her new commission is received, he/she needs to obtain a new seal C. Once his/her commission is received he/she must obtain a new journal D. He/She must reapply to become a notary public E. He/She must complete an application for name change form and file it with the Secretary of State 6) True or False: You have 15 days to file an address or name change with the Secretary of State s office. 105

106 Lesson 2: Fees It is important to know what fees you will be charging your customers. All fees are set in statute or by the Secretary of State. You must display your fees, separately stated, in a conspicuous place in your place of business or provide them to any person utilizing your services as a notary, upon request. These set maximum fees are the state mandated fees, but you have the option to wave the right to charge a fee. Whatever you decide, it is best to be consistent with every customer. Don t forget to note the fee charged (even if it was $0) in your register after every service you perform. For each document you notarize, you may charge a maximum of $5.00. If you are electronically notarizing, you may charge no more than $10.00 per electronic document. Notes Fees 1. You must know the fees you are charging for notary services 2. Fees are set in statute or by the Secretary of State 3. Fees must be displayed prominently in your place of business, and you must provide them to any person utilizing your services as a notary, upon request Fee Information 1. You have the option of waiving your fees 2. Be consistent in your fees with each customer 3. Record fee charged in your register 4. Maximum fees: $5.00 per document notarized $10.00 per electronic notarization (per document) 106

107 Quiz 1) What is the minimum fee that a notary can charge for services? A. A notary can waive his/her fees B. $5.00 C. $.25 per transaction D. $3.00 per transaction E. $2.00 2) True or False: A notary must not charge more than the the maximum fees set by the Secretary of State. 3) How much can a notary charge per document notarized? (You may choose more than one answer) A. $10.00 per electronic document (e-notarization) B. $5.00 per document C. $10.00 per document D. $5.00 per electronic document (e-notarization) E. $15.00 per document 107

108 Quiz Answer Key 1) What is the minimum fee that a notary can charge for services? A. A notary can waive his/her fees B. $5.00 C. $.25 per transaction D. $3.00 per transaction E. $2.00 2) True or False: A notary must not charge more than the the maximum fees set by the Secretary of State. 3) How much can a notary charge per document notarized? (You may choose more than one answer) A. $10.00 per electronic document (e-notarization) B. $5.00 per document C. $10.00 per document D. $5.00 per electronic document (e-notarization) E. $15.00 per document 108

109 Lesson 3: Conflict of Interest There are certain circumstances where, as a notary, you must be careful. When documents are brought to you to be notarized, you must be absolutely positive that you have nothing to gain or benefit by the transaction. You may not be a party to any transaction, or receive any advantage, right, title, cash or property as a direct result of the notarization (other than your $5.00 fee). Your interest must be completely neutral. There are some specific situations where you would not be able to perform the notarizations, as you would have a direct financial or beneficial interest in the transaction. If you were named as the principal to a financial transaction, you would not notarize the document. If you were named as beneficiary in a will, or if you are receiving a power of attorney, you would not notarize these documents. You are not prohibited from notarizing for family members or relatives, unless you stand to gain or benefit from the transaction. Under no circumstances are you allowed to notarize your own signature or administer an oath to yourself. This is definitely a conflict of interest. If you are not sure what would constitute a conflict of interest or a financial gain or benefit, to avoid any legal trouble, it would be wise to consult an attorney, or to refer the signer to another notary. For clarification and further education on this matter, it is recommended that you refer to The Model Notary Act which discusses industry standards and best practices. Notes As a notary, you must be careful that you have nothing to gain or benefit from any notarization. Conflict of Interest Details 1. You cannot be a party to any transaction, 2. You cannot receive any advantage, right, title, cash or property as a direct result of the notarization (other than your $5.00 fee) 3. Your interest must be completely neutral 4. Specific situations where you cannot perform notarizations: Direct benefit or financial gain If you are named as the principal in a financial transaction If you were beneficiary in a will if you are receiving the power of attorney 5. You are permitted to notarize for relatives except where you stand to gain or benefit from the transaction 6. You are not allowed to notarize your own signature or self-administer an oath 7. May want to consult an attorney when in doubt about conflict of interest or personal financial gain or benefit 8. For further clarification and education, refer to: The Model Notary Act 109

110 Quiz 1) True or False: A notary cannot have anything to gain or benefit by the transaction. 2) In which of the following circumstances would the notary not be able to perform the transactions, as he/she would have a direct financial or beneficial interest in it? (You may choose more than one answer.) A. If the notary is a close family friend of the document signer B. If the notary was receiving a power of attorney that he/she was notarizing C. If the notary was notarizing for a family member D. If the notary was named as beneficiary in a will he/she was notarizing E. None of the above 3) True or False: A notary can notarize his/her own signature. 4) True or False: A notary is prohibited from notarizing for family members or relatives. 110

111 Quiz Answer Key 1) True or False: A notary cannot have anything to gain or benefit by the transaction. 2) In which of the following circumstances would the notary not be able to perform the transactions, as he/she would have a direct financial or beneficial interest in it? (You may choose more than one answer.) A. If the notary is a close family friend of the document signer B. If the notary was receiving a power of attorney that he/she was notarizing C. If the notary was notarizing for a family member D. If the notary was named as beneficiary in a will he/she was notarizing E. None of the above 3) True or False: A notary can notarize his/her own signature. 4) True or False: A notary is prohibited from notarizing for family members or relatives. 111

112 Lesson 4: Misconduct As a Colorado notary public, you hold a public office. As such, you have an obligation to perform your duties to the best of your ability, and to act with integrity. For those notaries who fail to fulfill their responsibilities, for one reason or another, disciplinary action may be necessary. Disciplinary action varies with the type of misconduct. It can be broken down into three typesadministrative, civil and criminal. Administrative disciplinary action includes letters of admonition and suspension, revocation, or denial of a notary commission by the Secretary of State. Civil disciplinary action includes penalties or damages that occur as a result of a civil lawsuit against a notary as due to his/her notarial misconduct. Last, Criminal disciplinary action includes fines and/or imprisonment imposed as a result of misconduct. The following actions would result in disciplinary action: misstatement or omission of facts on the notary application; a conviction of official misconduct, committing a felony, or in the prior five years, committing a misdemeanor involving dishonesty; failure to exercise the powers or correctly perform the duties of a notary public; knowingly use false or misleading advertising that portrays powers, duties, rights or privileges that you do not possess; unauthorized practice of law; notarizing a blank document; or knowingly using false or misleading advertising representing a level of authority not permitted by notary law. Other actions that would be considered notarial misconduct include: notarizing a document without properly identifying the document signer, notarizing a document without the signer properly signing and attesting the document while in your presence, obscuring printed information on a document with your notary seal, using an electronic signature without a document authentication number, willfully violating the duties in the Notary Public Act, unlawfully using a notary journal, seal, electronic signature, or other papers or records relating to notarial acts; performing a notarization in which you have a disqualifying interest and charging more than $5.00 (or $10.00 for an electronic signature) per notarization. If you (knowingly) falsely represent yourself as an immigration consultant or expert, solicit or accept compensation for preparing documents for a judicial or administrative proceeding, solicit or accept compensation for representing the interest of another in a judicial or administrative proceeding, use the phrase notario or notario publico when advertising notary services, you are guilty of deceptive trade practice, as well as notarial misconduct. If the Secretary of State were to receive a complaint that you have committed misconduct, you would be contacted and given a chance to respond to the complaint. If the complaint isn t resolved at that time, further investigation is done. If the matter isn t resolved in this way, you would be notified and a public hearing would take place. At the hearing, you would be able to present your defense against the allegations. If you are found guilty during the course of the investigation period, disciplinary action will be taken. If you have committed notarial misconduct, and you are given notice that your commission is revoked, you would need to deliver your journal, seal and all notarial records to the Secretary of State s office. 112

113 There are other forms of misconduct that you need to be aware of as a notary. These offenses are committed by others but affect you, as a notary, directly. The following people are guilty of a class 3 misdemeanor: any 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. Additionally, any person who acts as, or willfully impersonates a notary public is guilty of a class 2 misdemeanor. Notes Colorado Notary Public 1. Hold a public office You have an obligation to perform your duties to the best of your ability, You must act with integrity. Failure to fulfill responsibilities results in disciplinary action Disciplinary Action 1. Administrative Disciplinary Action Letters of admonition and suspension Revocation or denial of a notary commission by the Secretary of State 2. Civil Disciplinary Action Penalties or damages that occur as a result of a civil lawsuit against a notary due to his/her notarial misconduct 3. Criminal Disciplinary Action fines imprisonment imposed as a result of misconduct Misconduct Resulting in Disciplinary Action 1. Misstatement or omission of facts on the notary application 2. A conviction of official misconduct 3. Committing a felony 4. In the prior five years, committing a misdemeanor involving dishonesty 5. Failure to exercise the powers or correctly perform the duties of a notary public 6. Knowingly using false or misleading advertising that portrays powers, duties, rights or privileges that you do not possess 7. Unauthorized practice of law 8. Notarizing a blank document 9. Knowingly use false or misleading advertising representing a level of authority not permitted by notary law 10. Notarizing a document without properly identifying the document signer 11. Notarizing a document without the signer properly signing and attesting the document while in your presence 12. Obscuring printed information on a document with your notary seal 13. Using an electronic signature without a document authentication number 14. Willfully violating the duties in the Notary Public Act 113

114 15. Unlawfully using a notary journal, seal, electronic signature, or other papers or records relating to notarial acts 16. Performing a notarization in which you have a disqualifying interest 17. Charging more than $5.00 (or $10.00 for an electronic signature) per notarization Misconduct Resulting in Deceptive Trade Practice and Disciplinary Action 1. (Knowingly) falsely represent yourself as an immigration consultant or expert 2. Solicit or accept compensation for preparing documents for a judicial or administrative proceeding 3. Solicit or accept compensation for representing the interest of another in a judicial or administrative proceeding, 4. If you use the phrase notario or notario publico when advertising notary services Investigation 1. If the Secretary of State were to receive a complaint that you have committed misconduct, You would be contacted and given a chance to respond to the complaint. If the complaint isn t resolved at that time, further investigation is done. If the matter isn t resolved in this way, you would be notified and a public hearing would take place. o At the hearing, you would be able to present your defense against the allegations. o If you are found guilty during the course of the investigation period, disciplinary action will be taken. 2. If you have committed notarial misconduct, and you are given notice that your commission is revoked You would need to deliver your journal, seal and all notarial records to the Secretary of State s office Other Forms of Misconduct 1. Other forms of misconduct are committed by others The following people are guilty of a misdemeanor: o Class 3 misdemeanor: Any 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. o Class 2 misdemeanor: Any person who acts as, or willfully impersonates a notary public 114

115 Quiz 1) True or False: Notarial misconduct can be committed by someone who is not a notary. 2) It is a for anyone who is not a duly commissioned, qualified, and acting notary public for the State of Colorado to represent oneself as, advertise as, or act as a notary public. A. Misdemeanor B. Felony C. Shame D. Problem E. Joke 3) The three types of disciplinary action are: (You may choose more than one answer) A. Civil B. Executive C. Criminal D. Administrative E. Misdemeanor 4) Which of the following are considered deceptive trade practice? (You may choose more than one answer) A. Performing a notarization in which you have a disqualifying interest B. Using the phrase notario or notario publico when advertising notary services C. Using an electronic signature without a document authentication number D. Notarizing a blank document E. Falsely represent yourself as an immigration consultant or expert 115

116 5) If a notary is found guilty of misconduct and receives notice that his/her commission is revoked, what must happen? A. He/She must appeal for reinstatement B. He/She must submit a letter of resignation to the Secretary of State C. He/She must deliver his/her journal, seal and records to the Secretary of State D. He/She must destroy his/her journal, seal and records E. He/She must reapply for notary appointment 6) Administrative disciplinary action includes: (You may choose more than one answer) A. Letters of admonition and suspension B. Penalties or damages that occur as a result of a civil lawsuit against a notary C. Fines D. Revocation or denial of a notary commission by the Secretary of State E. Imprisonment 7) True or False: When a complaint is received against a notary, that he/she has committed misconduct, the Secretary of State will immediately schedule a public hearing. 8) A notary applicant can commit misconduct by: A. Not paying child support B. A misstatement or omission of facts on the notary application C. Committing a misdemeanor involving dishonesty in the prior five years D. A and B E. B and C 116

117 Quiz Answer Key 1) True or False: Notarial misconduct can be committed by someone who is not a notary. 2) It is a for anyone who is not a duly commissioned, qualified, and acting notary public for the State of Colorado to represent oneself as, advertise as, or act as a notary public. A. Misdemeanor B. Felony C. Shame D. Problem E. Joke 3) The three types of disciplinary action are: (You may choose more than one answer) A. Civil B. Executive C. Criminal D. Administrative E. Misdemeanor 4) Which of the following are considered deceptive trade practice? (You may choose more than one answer) A. Performing a notarization in which you have a disqualifying interest B. Using the phrase notario or notario publico when advertising notary services C. Using an electronic signature without a document authentication number D. Notarizing a blank document E. Falsely represent yourself as an immigration consultant or expert 117

118 5) If a notary is found guilty of misconduct and receives notice that his/her commission is revoked, what must happen? A. He/She must appeal for reinstatement B. He/She must submit a letter of resignation to the Secretary of State C. He/She must deliver his/her journal, seal and records to the Secretary of State D. He/She must destroy his/her journal, seal and records E. He/She must reapply for notary appointment 6) Administrative disciplinary action includes: (You may choose more than one answer) A. Letters of admonition and suspension B. Penalties or damages that occur as a result of a civil lawsuit against a notary C. Fines D. Revocation or denial of a notary commission by the Secretary of State E. Imprisonment 7) True or False: When a complaint is received against a notary, that he/she has committed misconduct, the Secretary of State will immediately schedule a public hearing. 8) A notary applicant can commit misconduct by: A. Not paying child support B. A misstatement or omission of facts on the notary application C. Committing a misdemeanor involving dishonesty in the prior five years D. A and B E. B and C 118