Title 41, State Government

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 …

A. A notarial officer may perform a notarial act authorized by this article or by any law of this state other than this article. B. A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer's spouse is a party or in which eithe…

A. A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the …

A. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer. B. If a notarial act involves a translator under section 41-253, subsection…

A. A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. B. A …

A. A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that either: 1. The individual executing the record is competent or has the capacity to execute the record. 2. The individual's signature is knowingly and voluntarily made. B. A no…

If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert "Signature affixed by (name of other individual) at the direction of (nam…

A. Any of the following may perform a notarial act in this state: 1. A notary public of this state. 2. A judge, clerk or deputy clerk of a court of record of this state. 3. An individual who is licensed to practice law in this state. 4. Any other individual who is authorized to p…

A. A notarial act performed in another state has the same effect under the laws of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by any of the following: 1. A notary public of that state. 2. A judge, clerk or deput…

A. A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by any of the following: 1. A…

A. A notarial act performed under federal law has the same effect under the laws of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by any of the following: 1. A judge, clerk or deputy clerk of a court. 2. An ind…

A. If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the laws of t…

A. A remotely located individual may comply with section 41-254 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. The nota…

A. A notarial act must be evidenced by a certificate. The certificate must: 1. Be executed contemporaneously with the performance of the notarial act. 2. Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as o…

The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 41-264, subsections A and B: 1. For an acknowledgment in an individual capacity: State of ______________________________________…

A. The official stamp of a notary public must: 1. Include the words "notary public", the name of the county in which the notary public is commissioned, the notary public's name as it appears on the notary public's commission, the commission expiration date and other information r…

A. A notary public is responsible for the security of the notary public's stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public's commission, the notary public s…

A. A notary public may select one or more tamper-evident technologies 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 public has …

A. An individual qualified under subsection B of this section may apply to the secretary of state for a commission as a notary public. The applicant shall comply with and provide the information required by rules established by the secretary of state and pay any application fee. …

A. The secretary of state may require an applicant for a commission as a notary public who does not hold a commission in this state, an applicant who is renewing a commission as a notary public or a notary public with a suspended commission to pass an examination administered by …

A. The secretary of state may deny, refuse to renew, revoke, suspend or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the competence or reliability to act as a notary public, including any of the following: 1. F…

A. The secretary of state shall maintain an electronic database of notaries public through which a person may verify the authority of a notary public to perform notarial acts. B. The electronic database may indicate whether a notary public has notified the secretary of state that…

A. A commission as a notary public does not authorize an individual to: 1. Assist persons in drafting legal records, give legal advice or otherwise practice law. 2. Act as an immigration consultant or an expert on immigration matters. 3. Represent a person in a judicial or admini…

Except as otherwise provided in section 41-252, subsection B and section 41-320, subsection B, the failure of a notarial officer to perform a duty or meet a requirement specified in this article does not invalidate a notarial act performed by the notarial officer. The validity of…

A. The secretary of state may adopt rules to implement this article. On or before July 1, 2022, the secretary of state shall adopt rules under this section regarding the performance of notarial acts with respect to electronic records. Rules adopted regarding the performance of no…

A. A commission as a notary public in effect on July 1, 2022 continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after July 1, 2022 is subject to and shall comply with this article. A notary public, in performing nota…

This article modifies, limits and supersedes the electronic signatures in global and national commerce act (P.L. 106-229; 114 Stat. 464; 15 United States Code sections 7001 through 7031) but does not modify, limit or supersede 15 United States Code section 7001(c) or authorize el…

A. The notary bond fund is established consisting of monies received pursuant to section 41-178. B. The secretary of state shall administer the fund and spend monies in the fund in order to defray the cost of the secretary of state's office assuming the responsibilities associate…

A. The secretary of state shall establish fees that notaries public may charge for notarial acts. These fees shall be established by rules adopted pursuant to chapter 6 of this title. B. Notaries public may be paid an amount up to the amount authorized for mileage expenses and pe…

A. A notary public shall submit the notary public's resignation in writing to the secretary of state. B. On the resignation or revocation of a notarial commission or the death of a notary public, any physical stamping device, notarial journal and records, except those records of …

Any person who knowingly destroys, defaces or conceals any journal entry or records belonging to the office of a notary public shall forfeit to the state an amount not exceeding five hundred dollars and shall be liable for damages to any party injured thereby.

A. A notary public shall keep a paper journal to chronicle all notarial acts performed regarding tangible records. A notary public shall keep either a paper journal or one or more electronic journals to chronicle all notarial acts performed regarding electronic records. Except as…

A. It is lawful for a notary public who is a stockholder, director, officer or employee of a corporation to take the acknowledgment or oath of any party to any record executed to or by the corporation, or to administer an oath to any other stockholder, director, officer, employee…

A. Within thirty days after the change of a notary public's mailing, business or residential address, the notary public shall deliver to the secretary of state, by certified mail or other means providing a receipt, a signed notice of the change that provides both the old and new …

A. Court reporters who administer oaths and affirmations in judicial proceedings are exempt from the provisions of this chapter other than section 41-269, subsections C and D. Court reporters who are commissioned as notaries and who perform notarial acts outside of judicial proce…

A. The authenticity of the official notarial seal and signature of a notary may be evidenced by either: 1. A certificate of authority from the secretary of state authenticated as necessary. 2. An apostille from the secretary of state in the form prescribed by the Hague convention…

An apostille prescribed by the Hague convention, as cited in 28 United States Code in annotations to rule 44 of the federal rules of civil procedure, shall be in the form of a square with sides at least nine centimeters long and shall contain exactly the following wording: Aposti…

A notary public who has a change of surname may continue to use the official stamp and commission in the notary public's prior name until that commission expires. The notary public shall sign the changed surname on the line that is designated for the notary public's signature on …

A. Any person may make a complaint to the office of the secretary of state regarding a notary public. The secretary of state shall receive any complaints and shall provide notice of those complaints to the office of the attorney general who shall investigate and take action on al…

The notary education fund is established consisting of monies deposited pursuant to section 41-270. The secretary of state shall administer the fund. Monies in the fund are subject to legislative appropriation.

Any person who knowingly acts as or otherwise intentionally impersonates a notary public while not lawfully appointed and commissioned to perform notarial acts is guilty of impersonating a public servant pursuant to section 13-2406.

A. If an entity does not provide an option to notarize documents at a physical location without charge or cost, individuals seeking notarization may use the services of any notarial officer who is authorized to perform the notarial act pursuant to the laws of the notarial officer…