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 …

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 either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable. C. A notarial o…

B. A notarial officer who takes a verification of a statement on oath or affirmation shall determine both of the following: 1. From personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verif…

B. If a notarial act involves a translator under section 41-253, subsection F, the translator shall appear personally before the notary public.

B. A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the officer can identify the individual: 1. By means of: (a) An unexpired United States passport or a state-issued driver license or nonoperating identificati…

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 notarial officer may refuse to perform a notarial act unless refusal is prohibited by any law other than this artic…

[Repealed or reserved.]

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 perform the specific act by the laws of this state. B. The signatur…

1. A notary public of that state. 2. A judge, clerk or deputy clerk of a court of that state. 3. Any other individual who is authorized by the laws of that state to perform the notarial act. B. The signature and title of an individual performing a notarial act in another state ar…

1. A notary public of the tribe. 2. A judge, clerk or deputy clerk of a court of the tribe. 3. Any other individual who is authorized by the laws of the tribe to perform the notarial act. B. The signature and title of an individual performing a notarial act under the authority of…

1. A judge, clerk or deputy clerk of a court. 2. An individual who is in military service or performs duties under the authority of military service and who is authorized to perform notarial acts under federal law. 3. An individual who is designated a notarizing officer by the Un…

B. If the title of office and indication of authority to perform notarial acts in a foreign state appear in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively…

B. A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if: 1. The notary public has any of the following: (a) Personal knowledge under section 41-255, subsection A of the remotely located individual's i…

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 on file with the secretary of state. 3. Identify the jurisdiction in which th…

1. For an acknowledgment in an individual capacity: State of _____________________________________________ (County) of ___________________________________________ This record was acknowledged before me on _____________ Date by ___________________________________ Name(s) of indivi…

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 required by the secretary of state. 2. Be capabl…

B. A vendor of stamping devices may not provide a stamping device to an individual unless the individual presents a copy of the individual's commission. The vendor must retain the copy for four years. C. A notary public may possess only one physical stamping device for use with n…

B. Before a notary public performs the notary public's initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records and identify the techno…

B. An applicant for a commission as a notary public must: 1. Be at least eighteen years of age. 2. Be a citizen or permanent legal resident of the United States. 3. Be a resident of this state for income tax purposes and claim the individual's residence in this state as the indiv…

B. If the secretary of state requires an examination under subsection A of this section, the secretary of state or an entity approved by the secretary of state may offer a course of study to applicants who do not hold commissions as notaries public in this state, applicants who a…

1. Failure to comply with this article. 2. A fraudulent, dishonest or deceitful misstatement or omission in the application for a commission as a notary public submitted to the secretary of state. 3. A conviction of the applicant or notary public of any felony or a crime involvin…

B. The electronic database may indicate whether a notary public has notified the secretary of state that the notary public will be performing notarial acts on electronic records or for remotely located individuals under section 41-263.

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 administrative proceeding relating to immigration to the United States, United…

[Repealed or reserved.]

1. Prescribe the manner of performing notarial acts regarding tangible and electronic records. 2. Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident. 3. Include provisions to ensure integrity in the c…

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…

[Repealed or reserved.]

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.

B. For the purposes of this section, "entity": 1. Has the same meaning prescribed in section 10-140. 2. Includes a business organization that maintains a physical location in this state for the purpose of direct interaction with customers.