Title 44 — State Government
54 chapters · 1,061 sections in this title.
AS 44.50.010 Notary public commission; term.
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(a) The lieutenant governor may commission for the state (1) notaries public without limitation, who are authorized to use the notary seal for all legal purposes; and (2) limited governmental notaries public, who are state, municipal, or federal employees authorized to use the no…
AS 44.50.020 Qualifications.
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To be commissioned as a notary public, a person (1) shall submit an application under AS 44.50.032; (2) shall be at least 18 years of age; (3) shall have established residency in this state under AS 01.10.055; (4) shall reside legally in the United States; (5) may not, within 10 …
AS 44.50.030 Term of office. [Repealed, § 14 ch 60 SLA 2005.]
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[Repealed or reserved.]
AS 44.50.032 Application.
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(a) A person applying for a commission as a notary public shall submit a completed application as required by this section, using the forms or format required by the lieutenant governor. (b) A completed application for a commission under AS 44.50.010(a)(1) must include (1) an aff…
AS 44.50.033 Application fee.
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A person applying for a commission as a notary public shall pay a nonrefundable application fee. The lieutenant governor shall set the amount of the fee by regulation. However, an applicant for a limited governmental notary public commission under AS 44.50.010(a)(2) who is employ…
AS 44.50.034 Bond.
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(a) A person applying for a commission as a notary public without limitation under AS 44.50.010(a)(1) shall execute an official bond of $2,500 and submit the bond with the application under AS 44.50.032. The bond must be for a term of four years from the date of commission. (b) T…
AS 44.50.035 Oath.
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The application required by the lieutenant governor under AS 44.50.032 must contain an oath or affirmation, in the form set out in AS 39.05.045, to be signed by the applicant. A signed oath or affirmation submitted in an application under AS 44.50.032 takes effect on the date of …
AS 44.50.036 Denial of applications.
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The lieutenant governor shall deny an application for a notary public commission if the (1) applicant does not meet the requirements of this chapter; (2) application is not complete or contains a material misstatement or omission of fact relating to the requirements for a commiss…
AS 44.50.037 Certificate of commission.
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Upon commission of a notary public under this chapter, the lieutenant governor shall provide to the notary public a certificate of commission indicating the commission and the dates of the term of the commission.
AS 44.50.038 Subsequent commissions.
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A notary public whose term of commission is ending may apply for a new notary public commission by submitting a new application under AS 44.50.032 and complying with the requirements of this chapter. The lieutenant governor's approval of a new application for a commission for a n…
AS 44.50.039 Limited governmental notaries public.
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A state, municipal, or federal employee commissioned as a notary public under AS 44.50.010(a)(2) (1) is designated a limited governmental notary public; (2) may perform notarial acts only in the conduct of official government business; and (3) may not charge or receive a fee or o…
AS 44.50.040 Fees. [Repealed, § 14 ch 60 SLA 2005.]
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[Repealed or reserved.]
AS 44.50.050 [Renumbered as AS 44.50.180(d).]
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[Repealed or reserved.]
AS 44.50.060 Duties.
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A notary public may (1) administer oaths and affirmations; (2) take the acknowledgment of or proof of execution of instruments in writing, and give a notarial certificate of the proof or acknowledgment, included in or attached to the instrument; the notarial certificate shall be …
AS 44.50.061 Unauthorized practice.
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(a) A notary public who is not an attorney may complete but may not select notarial certificates, and may not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act. (b) This section does not prohibit a notary…
AS 44.50.062 Prohibited acts.
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A notary public may not (1) violate state or federal law in the performance of acts authorized by this chapter; (2) influence a person to enter into or avoid a transaction involving a notarial act by the notary public; (3) affix the notary public's signature or seal on a notarial…
AS 44.50.063 Official signature.
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(a) When performing a notarization, a notary public shall (1) sign in the notary public's own handwriting, on the notarial certificate, exactly and only the name indicated on the notary public's commission certificate, or sign an electronic document by electronic means as authori…
AS 44.50.064 Official seal.
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(a) A notary public shall keep an official seal, which is the exclusive property of the notary public, and shall ensure that another person does not possess or use the official seal. (b) A notary public's official seal (1) must contain (A) the notary public's name exactly as indi…
AS 44.50.065 Seal impression or depiction.
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(a) With regard to each paper document being notarized, a sharp, legible, photographically reproducible impression or depiction of a notary public's official seal shall be affixed (1) on the notarial certificate near the notary public's official signature; and (2) only at the tim…
AS 44.50.066 Notary public's status notification.
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(a) Within 30 days after change of a notary public's name, mailing address, or physical address, the notary public shall, on a form provided by the lieutenant governor, submit written notification of the change, signed by the notary public. (b) The lieutenant governor may require…
AS 44.50.067 Resignation.
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(a) To resign a commission, a notary public shall notify the lieutenant governor in writing of the resignation and the date that it is effective. The notary public shall sign the notification. (b) A notary public who does not any longer meet the requirements of this chapter to be…
AS 44.50.068 Disciplinary action; complaint; appeal; hearing; delegation.
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(a) The lieutenant governor may suspend or revoke a notary public's commission or reprimand a notary public for good cause shown, including (1) a ground on which an application for a commission may be denied; (2) failure to comply with this chapter; (3) failure to maintain reside…
AS 44.50.070 Presence and identification required. [Repealed, § 14 ch 60 SLA 2005.]
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[Repealed or reserved.]
AS 44.50.071 Confidentiality.
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(a) An address, telephone number, and electronic mail address of a notary public or an applicant that is submitted under AS 44.50.032 or 44.50.038 and that is designated by the notary public or applicant as confidential shall be kept confidential. However, a notary public shall p…
AS 44.50.072 Regulations.
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(a) The lieutenant governor shall adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this chapter. (b) The regulations adopted by the lieutenant governor under this section must provide standards for (1) communication technology and ident…
AS 44.50.073 Published summary.
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The lieutenant governor may publish by electronic means for commissioned notaries public a summary of the provisions of this chapter and the regulations adopted under this chapter. The lieutenant governor shall, upon request, distribute the summary to each person who is commissio…
AS 44.50.075 Notarial act performed for remotely located individual.
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(a) A remotely located individual may comply with AS 44.50.062(5)(A) by using communication technology to appear before a notary public. (b) A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if (1) th…
AS 44.50.078 Journal.
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(a) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs under AS 44.50.075. The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journa…
AS 44.50.080 Secs. 44.50.080 — 44.50.140. Seal; Protest of bill or note; Return of papers to lieutenant governor; Application of Administrative Procedure Act to revocation of notary commission; Bond; Filing oath and bond; Disposition of bond. [Repealed, § 14 ch 60 SLA 2005.]
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[Repealed or reserved.]
AS 44.50.145 Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record.
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(a) A notary public may select one or more tamper-evident technologies with which to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary…
AS 44.50.150 Copy of bond as evidence.
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A certified copy of the record of the official bond with all affidavits, acknowledgments, endorsements, and attachments may be read in evidence with the same effect as the original, without further proof.
AS 44.50.160 Misconduct or neglect.
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A notary and the sureties on the official bond are liable to persons injured for the damages sustained on account of misconduct or neglect of the notary.
AS 44.50.165 Validity of notarial acts.
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The failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalid…
AS 44.50.170 State employees as notaries. [Repealed, § 14 ch 60 SLA 2005.]
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[Repealed or reserved.]
AS 44.50.180 Postmasters as notaries.
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(a) Each postmaster in the state may perform the functions of a notary public in the state. (b) Each official act of a postmaster as a notary public shall be signed by the postmaster, with a designation of the person's title as postmaster, shall have the cancellation stamp of the…
AS 44.50.185 Relation to Electronic Signatures in Global and National Commerce Act.
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This chapter modifies, limits, and supersedes 15 U.S.C. 7001 — 7031 (Electronic Signatures in Global and National Commerce Act) but does not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).
AS 44.50.190 Savings clause. [Repealed, § 14 ch 60 SLA 2005.]
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[Repealed or reserved.]
AS 44.50.200 Definitions.
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In this chapter, unless the context otherwise requires, (1) “acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that…