(1) A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal.
(2) (a) A journal may be created on a tangible medium or in an electronic format. If a journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. If a journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the secretary of state.
(b) A notary public who performs a remote notarization shall maintain a journal in an electronic format with regard to each remote notarization.
(3) An entry in a journal must be made contemporaneously with performance of a notarial act and contain the following information:
(a) The date and time of the notarial act;
(b) A description of the record, if any, and type of notarial act;
(c) The full name and address of each individual for whom the notarial act is performed;
(d) The signature or electronic signature of each individual for whom the notarial act is performed;
(e) If identity of the individual is based on personal knowledge, a statement to that effect;
(f) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the type of identification credential presented, if any;
(g) The full name and address of any interpreter who provided interpreter services to facilitate the notarial act;
(h) The certification or credential number of any interpreter who provided interpreter services to facilitate the notarial act; and
(i) The fee, if any, charged by the notary public.
(4) A notary public is responsible for the security of the notary public's journal. A notary public shall keep the journal in a secure area under the exclusive control of the notary, and shall not allow any other notary to use the journal.
(5) Upon written request of any member of the public, which request must include the name of the parties, the type of document, and the month and year in which a record was notarized, a notary public may supply a certified copy of the line item representing the requested transaction. A notary public may charge the fee allowed in section 24-21-529 for each certified copy of a line item, and shall record the transaction in the notary's journal.
(6) The secretary of state may audit or inspect a notary public's journal without restriction. A notary public shall surrender the notary's journal to the secretary of state upon receiving a written request.
(7) A certified peace officer, as defined in section 16-2.5-102, acting in the course of an official investigation may inspect a notary public's journal without restriction.
(8) If a notary public's journal is lost or stolen, the notary public shall notify the secretary of state in writing within thirty days after discovering that the journal is lost or stolen.
(9) On resignation from, or the revocation or expiration of, a notary public's commission, the notary public shall retain the notary public's journal in accordance with subsection (1) of this section and inform the secretary of state where the journal is located.
(10) (a) Instead of retaining a journal as provided in subsections (1) and (9) of this section, a current or former notary public may:
(I) Transmit the journal to the state archives established pursuant to part 1 of article 80 of this title 24; or
(II) Leave the journal with the notary's firm or employer in the regular course of business.
(b) If notary public acts pursuant to subsection (10)(a) of this section, the notary public is no longer subject to subsection (5) of this section and shall notify the secretary of state in writing whether the notary has transmitted the journal to the state archives or the firm or employer, including the contact information for the firm or employer if the notary leaves the journal with the notary's firm or employer.
(c) Instead of maintaining a journal as required by subsection (1) of this section, a notary public may maintain the original or a copy, including an electronic record, of a document that contains the information otherwise required to be entered in the notary's journal if the notary's firm or employer retains the original, copy, or electronic record in the regular course of business.
(11) On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the journal shall transmit it to the state archives established pursuant to part 1 of article 80 of this title 24. The person shall notify the secretary of state in writing when the person transmits the journal to the state archives.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 798, � 2, effective July 1, 2018. L. 2020: (2) amended, (SB 20-096), ch. 130, p. 565, � 6, effective December 31. L. 2023: IP(3), (3)(f), and (3)(g) amended and (3)(h) and (3)(i) added, (SB 23-153), ch. 212, p. 1100, � 4, effective September 1.
Cross references: For the legislative declaration in SB 20-096, see section 1 of chapter 130, Session Laws of Colorado 2020.
24-21-520. Notification regarding performance of notarial act on electronic record - selection of technology. (1) 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 not selected.
(2) 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 technology the notary public intends to use. If the secretary of state has established standards for approval of technology pursuant to section 24-21-527, the technology must conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology.
(3) In every instance, the electronic signature of a notary public must contain or be accompanied by the following elements, all of which must be immediately perceptible and reproducible in the electronic record to which the notary's electronic signature is attached: The notary's name, as it appears on the notary's certificate of commission; the notary's identification number; the words notary public and state of Colorado; a document authentication number issued by the secretary of state; and the words my commission expires followed by the expiration date of the notary's commission. A notary's electronic signature must conform to any standards promulgated by the secretary of state.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 800, � 2, effective July 1, 2018.
24-21-521. Commission as notary public - qualifications - no immunity or benefit. (1) An individual qualified under subsection (3) 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. In accordance with section 24-21-111 (1), the secretary of state may require, at the secretary of state's discretion, the application required by this section, and any renewal of the application, to be made by electronic means designated by the secretary of state.
(2) In accordance with section 42-1-211, the department of state and the department of revenue shall allow for the exchange of information and data collected by the systems used by the departments to collect information on legal names and signatures of all applicants for driver's licenses or state identification cards.
(3) An applicant for a commission as a notary public must:
(a) Be at least eighteen years of age;
(b) Be a citizen or permanent legal resident of the United States or otherwise lawfully present in the United States;
(c) Be a resident of or have a place of employment or practice in this state;
(d) Be able to read and write English;
(e) Not be disqualified to receive a commission under section 24-21-523; and
(f) Have passed the examination required under section 24-21-522 (1).
(4) The secretary of state shall verify the lawful presence in the United States of each applicant by:
(a) Accepting one of the following documents from the applicant:
(I) A United States military card or a military dependent's identification card;
(II) A United States Coast Guard Merchant Mariner card;
(III) A Native American tribal document;
(IV) A valid Colorado driver's license or a Colorado identification card issued pursuant to article 2 of title 42, unless the applicant holds a license or card issued pursuant to part 5 of article 2 of title 42;
(V) A valid driver's license or identification card issued by another state, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States that is compliant with the federal REAL ID Act, as amended;
(VI) A valid United States passport;
(VII) A valid United States permanent resident card; or
(VIII) Any other valid type of identification that requires proof of lawful presence in the United States to obtain; and
(b) Executing an affidavit stating that the applicant is:
(I) A United States citizen or legal permanent resident; or
(II) Otherwise lawfully present in the United States pursuant to federal law.
(5) Before issuance of a commission as a notary public, an applicant for the commission shall take the following affirmation in the presence of a person qualified to administer an affirmation in this state:
I, (name of applicant) , solemnly affirm, under the penalty of perjury in the second degree, as defined in section 18-8-503, 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 .
(Official signature and seal of person qualified to administer affirmation)
(6) On compliance with this section, the secretary of state shall issue a commission as a notary public to an applicant for a term of four years, unless revoked in accordance with section 24-21-523. An applicant who has been denied appointment and commission may appeal the decision in accordance with article 4 of this title 24.
(7) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 800, � 2, effective July 1, 2018. L. 2021: (4) amended, (SB 21-199), ch. 351, p. 2284, � 10, effective July 1, 2022.