Title 24, Government - State
0 chapters · 2,521 sections in this title.
Colo. Rev. Stat. § 24-21-301 Definitions
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As used in this part 3, unless the context otherwise requires: (1) Redact means to obscure information contained in a copy of a secured transaction record. (2) Secured transaction record means a record that has been filed in the office of the secretary of state pursuant to part 5…
Colo. Rev. Stat. § 24-21-302 Redaction of tax identification number from secured transaction records - liability - rules
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(1) The secretary of state may redact any tax identification number contained in a secured transaction record and, for this purpose, may use commercially available or other redaction software or other methods determined by the secretary of state to be cost effective. (2) Subject …
Colo. Rev. Stat. § 24-21-401 Definitions
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As used in this part 4, unless the context otherwise requires: (1) Board means the electronic recording technology board created in section 24-21-402 (1). (2) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or simi…
Colo. Rev. Stat. § 24-21-402 Electronic recording technology board - creation - enterprise status
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(1) (a) The electronic recording technology board is created in the department of state. The board is a type 1 entity, as defined in section 24-1-105. The board consists of the secretary of state, or the secretary of state’s designee, and eight other members appointed as follows:…
Colo. Rev. Stat. § 24-21-403 Core goals - powers and duties - rules
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(1) The general assembly hereby declares that the core goals in developing and modernizing electronic filing systems are to: (a) Assure the security, accuracy, and preservation of public records required to be maintained by a clerk and recorder; (b) Maintain the privacy of person…
Colo. Rev. Stat. § 24-21-404 Electronic recording technology fund - electronic filing - grants
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(1) (a) The electronic recording technology fund is created in the state treasury and consists of money credited thereto in accordance with section 30-10-421 (3)(a), C.R.S. The money in the fund is continuously appropriated to the board to award grants under subsection (2) of thi…
Colo. Rev. Stat. § 24-21-405 Authority to issue bonds
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The board may, by resolution, authorize and issue revenue bonds that are payable only from the money in the fund. Bonds may be issued only after approval by both houses of the general assembly acting either by bill or joint resolution and after approval by the governor in accorda…
Colo. Rev. Stat. § 24-21-406 Reporting - annual - five-year report
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(1) Notwithstanding section 24-1-136 (11), on or before September 1, 2017, and each September 1 thereafter until September 1, 2028, the board shall prepare a report that, for each grant made during the prior fiscal year, describes the: (a) County that received the grant; (b) Gran…
Colo. Rev. Stat. § 24-21-407 Repeal of part
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Notwithstanding section 2-3-1203 (1)(a), this part 4 is repealed, effective September 1, 2029. Prior to such repeal, the board shall be reviewed as provided in section 2-3-1203. Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1481, � 3, effective June 10. L. 2021: En…
Colo. Rev. Stat. § 24-21-501 Short title
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The short title of this part 5 is the Revised Uniform Law on Notarial Acts. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 787, � 2, effective July 1, 2018.
Colo. Rev. Stat. § 24-21-502 Definitions
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In this part 5: (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 the individual signed the record with pro…
Colo. Rev. Stat. § 24-21-503 Applicability
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This part 5 applies to a notarial act performed on or after July 1, 2018. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 789, � 2, effective July 1, 2018.
Colo. Rev. Stat. § 24-21-504 Authority to perform notarial act
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(1) A notarial officer may perform a notarial act authorized by this part 5 or by law of this state other than this part 5. (2) A notarial officer shall not perform a notarial act with respect to a record in which the officer has a disqualifying interest. For the purposes of this…
Colo. Rev. Stat. § 24-21-505 Requirements for certain notarial acts
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(1) 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…
Colo. Rev. Stat. § 24-21-506 Personal appearance required - definition
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(1) 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. (2) As used in this section, appear personally means: (a) Being in the sam…
Colo. Rev. Stat. § 24-21-507 Identification of individual
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(1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (2) A notaria…
Colo. Rev. Stat. § 24-21-508 Authority to refuse to perform notarial act
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(1) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that: (a) The individual executing the record is competent or has the capacity to execute the record; or (b) The individual's signature is knowingly and voluntarily made. (2) A notarial of…
Colo. Rev. Stat. § 24-21-509 Signature if individual unable to sign
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(1) If an individual is physically unable to sign a record, the individual may, in the presence of the notarial officer, 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 …
Colo. Rev. Stat. § 24-21-510 Notarial act in this state
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(1) A notarial act may be performed in this state by: (a) A notary public of this state; (b) A judge, clerk, or deputy clerk of a court of this state; or (c) Any other individual authorized to perform the specific act by the law of this state. (2) The signature and title of an in…
Colo. Rev. Stat. § 24-21-511 Notarial act in another state
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(1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state if the act performed in that state is performed by: (a) A notary public of that state; (b) A judge, clerk, or deputy clerk of a court …
Colo. Rev. Stat. § 24-21-512 Notarial act under authority of federally recognized Indian tribe
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(1) 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: (a) A notary public of th…
Colo. Rev. Stat. § 24-21-513 Notarial act under federal authority
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(1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state if the act performed under federal law is performed by: (a) A judge, clerk, or deputy clerk of a court; (b) An individual in military…
Colo. Rev. Stat. § 24-21-514 Foreign notarial act
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(1) In this section, foreign state means a government other than the United States, a state, or a federally recognized Indian tribe. (2) 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 perfor…
Colo. Rev. Stat. § 24-21-514.5 Audio-video communication - definitions
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(1) As used in this section: (a) Credential analysis means a process or service that complies with any rules adopted by the secretary of state through which a third party affirms the validity of a government-issued identification credential through the review of public or proprie…
Colo. Rev. Stat. § 24-21-514.7 Interpreters - use in facilitation of notarial acts - limitations
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(1) If a notarial officer and an individual for whom a notarial act is to be performed do not communicate in the same language, an interpreter who communicates in a language in common with both the notarial officer and the individual may be used to facilitate the notarial act. A …
Colo. Rev. Stat. § 24-21-515 Certificate of notarial act
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(1) A notarial act must be evidenced by a certificate. The certificate must: (a) Be executed contemporaneously with the performance of the notarial act; (b) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner a…
Colo. Rev. Stat. § 24-21-516 Short form certificates
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(1) The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 24-21-515 (1) and (2): (a) For an acknowledgment in an individual capacity: State of County of This record was acknowledged …
Colo. Rev. Stat. § 24-21-517 Official stamp
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(1) The official stamp of a notary public must: (a) Be rectangular and contain only the outline of the seal and the following information printed within the outline of the seal: (I) The notary public's name, as it appears on the notary's certificate of commission; (II) The notary…
Colo. Rev. Stat. § 24-21-518 Stamping device
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(1) 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, or on the expirati…
Colo. Rev. Stat. § 24-21-519 Journal
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(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 journ…
Colo. Rev. Stat. § 24-21-520 Notification regarding performance of notarial act on electronic record - selection of technology
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(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…
Colo. Rev. Stat. § 24-21-521 Commission as notary public - qualifications - no immunity or benefit
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(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 fe…
Colo. Rev. Stat. § 24-21-522 Examination of notary public
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(1) An applicant for a commission as a notary public who does not hold a commission in this state must pass an examination administered by the secretary of state or an entity approved by the secretary of state. The examination must be based on the course of study described in sub…
Colo. Rev. Stat. § 24-21-523 Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public
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(1) The secretary of state may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for: (a) Failure to comply with this part 5; (b) A substantial and material misstatement or omission of fact in the application for a commission as a nota…
Colo. Rev. Stat. § 24-21-524 Database of notaries public
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(1) The secretary of state shall maintain an electronic database of notaries public: (a) Through which a person may verify the authority of a notary public to perform notarial acts; and (b) Which indicates whether a notary public has notified the secretary of state that the notar…
Colo. Rev. Stat. § 24-21-525 Prohibited acts
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(1) A commission as a notary public does not authorize an individual to: (a) Assist persons in drafting legal records, give legal advice, or otherwise practice law; (b) Act as an immigration consultant or an expert on immigration matters; (c) Represent a person in a judicial or a…
Colo. Rev. Stat. § 24-21-526 Validity of notarial acts
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Except as otherwise provided in section 24-21-504 (2), the failure of a notarial officer to perform a duty or meet a requirement specified in this part 5 does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this part 5 does no…
Colo. Rev. Stat. § 24-21-527 Rules - definitions
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(1) The secretary of state may adopt rules to implement this part 5 in accordance with article 4 of this title 24. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the impleme…
Colo. Rev. Stat. § 24-21-528 Disposition of fees
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(1) The secretary of state shall collect all fees pursuant to this article 21 in the manner required by section 24-21-104 (3) and shall transmit them to the state treasurer, who shall credit them to the department of state cash fund created in section 24-21-104 (3)(b). (2) The ge…
Colo. Rev. Stat. § 24-21-529 Notary's fees
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(1) Except as specified in subsection (2) of this section, the fees of a notary public may be, but must not exceed, fifteen dollars for each document attested by a person before a notary, except as otherwise provided by law. The fee for each such document must include all duties …
Colo. Rev. Stat. § 24-21-530 Change of name or address
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A notary public shall notify the secretary of state within thirty days after he or she changes his or her name, business address, or residential address. In the case of a name change, the notary public shall include a sample of the notary's handwritten official signature on the n…
Colo. Rev. Stat. § 24-21-531 Official misconduct by a notary public - liability of notary or surety
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(1) A notary public who knowingly and willfully violates the duties imposed by this part 5 commits official misconduct and is guilty of a petty offense. (2) A notary public and the surety or sureties on his or her bond are liable to the persons involved for all damages proximatel…
Colo. Rev. Stat. § 24-21-532 Willful impersonation
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A person who acts as, or otherwise willfully impersonates, a notary public while not lawfully appointed and commissioned to perform notarial acts commits a petty offense and shall be punished as specified in section 18-1.3-503. Source: L. 2017: Entire part added, (SB 17-132), ch.…
Colo. Rev. Stat. § 24-21-533 Wrongful possession of journal or seal
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A person who unlawfully possesses and uses a notary's journal, an official seal, a notary's electronic signature, or any papers, copies, or electronic records relating to notarial acts commits a petty offense and shall be punished as specified in section 18-1.3-503. Source: L. 20…
Colo. Rev. Stat. § 24-21-534 Certification restrictions
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(1) The secretary of state may issue certificates or apostilles attesting to the authenticity of a notarial act performed by a commissioned notary public. (2) The secretary of state shall not certify a signature of a notary public on: (a) A record that is not properly notarized i…
Colo. Rev. Stat. § 24-21-535 Notary public commission in effect
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A commission as a notary public in effect on July 1, 2018, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after July 1, 2018, is subject to and shall comply with this part 5. A notary public, in performing notari…
Colo. Rev. Stat. § 24-21-536 Saving clause
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This part 5 does not affect the validity or effect of a notarial act performed before July 1, 2018. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, � 2, effective July 1, 2018.
Colo. Rev. Stat. § 24-21-537 Uniformity of application and construction
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In applying and construing this part 5, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, � 2, effective July 1, 2018. 24-21-538…
Colo. Rev. Stat. § 24-21-538 Relation to “Electronic Signatures in Global and National Commerce Act”
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This part 5 modifies, limits, and supersedes the “Electronic Signatures in Global and National Commerce Act”, 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any of the…
Colo. Rev. Stat. § 24-21-539 Effective date
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This part 5 takes effect on July 1, 2018. Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 807, � 2, effective July 1, 2018.