Title 31 — Professions

This Act may be cited as the Notary Act of 2007. History: 2008, PL 30-18.

This Act shall be construed and applied to advance its underlying purposes, which are: (1) to promote, serve, and protect the public interest; (2) to simplify, clarify, and modernize the law governing notaries; (3) to foster ethical conduct among notaries; (4) to enhance cross-bo…

In this Act, unless the context otherwise requires, words in the singular include the plural, and words in the plural include the singular. History: 2008, PL 30-18.

The existing seal, length of commission term, and liability of current notaries commissioned before this Act’s effective date may not be invalidated, modified, or terminated by this Act, but those notaries shall comply with this Act in performing notarizations and in applying for…

If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this…

This Act shall take effect 180 days from the day it is signed by the Governor. History: 2008, PL 30-18.

For purposes of this title: (a) “Acknowledgment” means a notarial act in which an individual at a single time and place: (1) appears in person before the notary and presents a document; (2) is personally known to the notary or identified by the notary through satisfactory evidenc…

The Secretary shall adopt administrative rules pursuant to A.S.C.A. 4.1001 et seq. to implement the provisions of this title. History: 2008, PL 30-18.

(a) Except as provided in subsection (c), the Secretary shall issue a notary commission to any qualified person who submits an application in accordance with this article. (b) A person qualified for a notary commission shall: (1) be at least 18 years of age; (2) have a regular pl…

A person commissioned as a notary may perform notarial acts within the Territory of American Samoa for a term of 2 years, unless the commission is earlier revoked under section 31.0358 or resigned under section 31.0353. History: 2008, PL 30-18.

(a) A notary commission shall not be issued until a bond of $500 has been deposited with the Office of the Secretary who shall hold it in a special trust account, separate from that account which is provided for in section 31.0318(b), with payment of said bond funds to any person…

Upon issuing a notary commission, the Secretary shall provide to the notary: (1) a commission document stating the commission serial number and starting and ending dates; and (2) a Certificate of Authorization to Purchase a Notary Seal stating the commission serial number. Histor…

A current or former notary applying for a new notary commission shall submit a new completed application and comply anew with all of the provisions of section 31.0309 to 31.0319. History: 2008, PL 30-18.

Every application for a notary commission shall be made on paper forms determined by the Secretary and include: (1) a statement of the applicant’s personal qualifications, as described in Section 31.0315; (2) a certificate evidencing successful completion of a course of instructi…

The application for a notary commission shall state or include, at least: (1) the applicant’s date of birth; (2) the applicant’s residence address and telephone number; (3) the applicant’s business and telephone number, the business mailing address, if different, and the name of …

(a) Every applicant for a notary commission shall take, within the 3 months preceding the application, a course of instruction of at least 3 hours approved by the Secretary, and pass a written examination of this course. (b) The content of the course and the basis for the written…

Every applicant for a notary commission shall sign the following declaration in the presence of a notary of this Territory: “Declaration of Applicant I, __________________________(name of applicant), solemnly swear or affirm under penalty of perjury that the personal information …

(a) Every applicant for a notary commission shall pay to the American Samoa Government a non-refundable application fee of $100.00. (b) All funds collected from application fees, vendor permit fees as provided for in section 31.0341, and such other fees as the Secretary may promu…

Information required by section 31.0315(7) shall be used by the Secretary and designated government employees only for the purpose of performing official duties under this Act and shall not be disclosed to any person other than a government agent acting in an official capacity an…

(a) A notary who is a United States National is empowered to perform the following notarial acts: (1) acknowledgments; (2) oaths and affirmations; (3) jurats; (4) signature witnessings; (5) copy certifications; (b) A notary who is not a United States National is empowered only to…

(a) A notary is disqualified from performing a notarial act if the notary: (1) is a party to or named in the document that is to be notarized; (2) will receive as a direct or indirect result any commission, fee, advantage, right, title, interest, cash, property, or other consider…

(a) A notary shall not refuse to perform a notarial act based on the principal’s race, advanced age, gender, sexual orientation, religion, national origin, health or disability, or status as a non-client or non-customer of the notary or the notary’s employer. (b) A notary shall p…

(a) A notary shall not influence a person either to enter into or avoid a transaction involving a notarial act by the notary, except that the notary may advise against a transaction if section 31.0322(b)(1) applies. (b) A notary has neither the duty nor the authority to investiga…

(a) A notary shall not execute a certificate containing information known or believed by the notary to be false. (b) A notary shall not affix an official signature or seal on a notarial certificate that is incomplete. (c) A notary shall not provide or send a signed or sealed nota…

(a) A notary shall not notarize a signature: (1) on a blank or incomplete document; or (2) on a document without notarial certificate wording. (b) A notary shall neither certify not authenticate a photograph. History: 2008, PL 30-18.

A notary shall not perform any official action with the intent to deceive or defraud. History: 2008, PL 30-18.

A notary shall not use the official notary title or seal to endorse, promote, denounce, or oppose any product, service, contest, candidate, or other offering. History: 2008, PL 30-18.

(a) If notarial certificate wording is not provided or indicated for a document, a non-attorney notary shall not determine the type of notarial act or certificate to be used. (b) A non-attorney notary shall not assist another person in drafting, completing, selecting, or understa…

(a) For performing a notarial act, a notary may charge the maximum fee specified in section 31.0330, charge less than the maximum fee, or waive the fee. (b) A notary shall not discriminatorily condition he fee for a notarial act on the attributes of the principal as delineated se…

(a) The maximum fees that may be charged by a notary for notarial acts are: (1) for acknowledgments, $10.00 per signature; (2) for oaths or affirmations without a signature, $20.00 per person; (3) for jurats, $10.00 per signature; (4) for signature witnessings, $10.00 per signatu…

(a) A notary may require payment of any fees specified in section 31.0330 prior to performance of a notarial act. (b) Any fees paid to a notary prior to performance of a notarial act are non-refundable if: (1) the act was completed; or (2) in the case of travel fees paid in compl…

(a) An employer may prohibit an employee who is a notary from charging for notarial acts performed on the employer’s time, but shall not condition imposition of a fee on attributes of the principal as described in section 31.0322(a). (b) A private employer shall not require an em…

Notaries who charge for their notarial services shall conspicuously display in their places of business, or present to each principal outside their places of business, an English-language or Samoan-language schedule of fees for notarial acts, as specified in section 31.0330(a). N…

(a) A notary shall keep, maintain, protect, and provide for lawful inspection a chronological official journal of notarial acts that is a permanently bound book with numbered pages. (b) A notary shall keep no more than one active journal at the same time. History: 2008, PL 30-18.…

(a) For every notarial act, the notary shall record in the journal at the time of notarization at least the following: (1) the date and time of day of the notarial act; (2) the type of notarial act; (3) the type, title, or a description of the document or proceeding; (4) the sign…

At the time of notarization, the notary’s journal must be signed, as applicable, by each: (1) principal; (2) credible witness swearing or affirming to the identity of a principal; and (3) witness to a signature by mark or to a signing by the notary on behalf of a person physicall…

(a) In the notary’s presence, any person may inspect an entry in the official journal of notarial acts during regular business hours, but only if: (1) the person’s identity is personally known to the notary or proven through satisfactory evidence; (2) the person affixes a signatu…

In notarizing a paper document, a notary shall: (1) sign by hand on the notarial certificate exactly and only the name indicated on the notary’s commission; (2) not sign using a facsimile stamp or an electronic or other printing method; and (3) affix the official signature only a…

(a) A notary shall keep an official seal that is the exclusive property of the notary. The seal shall not be possessed or used by any other person, nor surrendered to an employer upon termination of employment. (b) An image of the official seal shall be affixed by the notary on e…

(a) Near the notary’s official signature on the notarial certificate of a paper document, the notary shall affix a sharp, legible, permanent, and photographically reproducible image of the official seal that shall include the following elements: (1) the notary’s name exactly as i…

(a) In order to sell or manufacture notary seals, a vendor or manufacturer shall apply for a permit from the Secretary, who shall charge $50.00 for issuance of this permit and maintain a controlled-access telephone number or internet site to allow vendors and manufacturers to con…

A notary shall use a certificate in substantially the following form in notarizing the signature or mark of persons acknowledging for themselves or as partners, corporate officers, attorneys in fact, or in other representative capacities: Territory of American Samoa County of ___…

A notary shall use a jurat certificate in substantially the following form in notarizing a signature or mark on an affidavit or other sworn or affirmed written declaration: Territory of American Samoa County of __________________ On this _________ day of ________________, 20_____…

A notary shall use a certificate in substantially the following form in notarizing a signature or mark to confirm that it was affixed in the notary’s presence without administration of an oath or affirmation: Territory of American Samoa County of __________________ On this ______…

On paper documents, certificates in sections 31.0342, 31.0343 and 31.0344 of this chapter may be used for signers by mark or persons physically unable to sign or make a mark if: (1) for a signer by mark, the notary and 2 witnesses unaffected by the document observe the affixation…

A notary shall use a certificate in substantially the following form in notarizing a certified copy: Territory of American Samoa County of __________________ On this ________ day of _______________, 20_______, I certify that the (preceding) (following) (attached) document is a tr…

On a notarized document sent to another state or nation, evidence of the authenticity of the official seal and signature of a notary of this Territory, if required, shall be in the form of: (1) a certificate of authority from the Secretary authenticated as necessary by additional…

(a) A certificate of authority evidencing the authenticity of the official seal and signature of a notary of this Territory shall be substantially in the following form: Certificate of Authority for a Notarial Act I, _________________Secretary of American Samoa, certify that ____…

An Apostille prescribed by the Hague Convention, as cited in 28 U.S.C.A. in the annotations to Rule 44 of the Rules of Civil Procedure, shall be in the form of a square with sides at least 9 centimeters long and contain exactly the following wording: APOSTILLE (Convention de la H…

The Secretary may charge: (1) for issuing a certificate of authority, $25.00; and (2) for issuing an Apostille, $25.00. History: 2008, PL 30-18.