Chapter 456 — Chapter 456

§456-1 Commission; renewal. (a) The attorney general may, in the attorney general's discretion, commission the number of notaries public for the State that the attorney general deems necessary for the public good and convenience. The term of commission of a notary public shall be…

§456-1.6 Definitions. As used in this chapter, unless the context requires otherwise: "Acknowledgment" means a declaration by a person before a notary public that the person has signed a document for the purpose stated in the document and, if the document is signed in a represent…

§456-10 Duties, by mercantile usage. It shall be a notary public's duty, when requested, to enter on record all losses or damages sustained or apprehended, by sea or land, and also all averages, and such other matters as, by mercantile usage, appertain to the notary's office, and…

§456-11 Protests; negotiable paper. All facts, extracts from documents, and circumstances, so noted, shall be signed and sworn to by all the persons appearing to protest. The notary public shall note, extend, and record the protest so made; and shall grant authenticated copies th…

§456-12 Protest, evidence of what. The protest of any foreign or inland bill of exchange, or promissory note or order, duly certified by any notary public, under the notary's hand and official seal, shall be legal evidence of the facts stated in the protest, as to the same, and a…

§456-13 May administer oath. Every notary public may administer oaths in all cases in which oaths are by law authorized or required to be taken or administered, or in which the administering of an oath may be proper. All oaths administered before June 23, 1888, by notaries public…

§456-14 Authority to perform notarial act; notary public connected with a corporation or trust company. (a) Except as otherwise provided in subsection (b): (b) A notary public shall not perform a notarial act with respect to a document to which the notary public or the notary pub…

§456-15 Journal; copies as evidence. (a) 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 chron…

§456-16 REPEALED. L 2020, c 54, §23.

§456-17 Fees. Subject to section 456-18, every notary public is entitled to demand and receive the following fees:

§456-18 Notaries in government service. Except as otherwise provided for by law, the head of every department (which term as used in this chapter includes any department, board, commission, bureau, or establishment of the United States, or of the State, or any political subdivisi…

§456-19 Notary public signing for disabled person. A notary public may sign the name of a person physically unable to sign or to make a mark on a document presented for notarization; provided that the notary public is satisfied that the person has voluntarily given consent for th…

§456-2 Qualifications; oath. Every person commissioned as a notary public shall, at the time of the person's commission, be a resident of the State, possess the other qualifications required of a notary public and be at least eighteen years of age. Every person, prior to being co…

§456-20 Failure to verify identity and signature. (a) A person commits the offense of failure to verify identity if the person is a commissioned notary public and knowingly notarizes a document and if a witness to the signing of the instrument, fails to verify the identity of the…

§456-21 Failure to authenticate with a certification statement. (a) A person commits the offense of failure to authenticate with a certification statement if the person is a commissioned notary public and knowingly performs a notarial act with respect to a document and fails to i…

§456-3 Seal. Every notary public shall constantly keep a rubber stamp notary seal which shall clearly show, when stamped or impressed upon a tangible document or when attached to or logically associated with an electronic document, only the notary public's name, the notary public…

§456-4 Filing copy of commission; authentication of acts. (a) Each person commissioned as a notary public under this chapter shall forthwith file a literal or photostatic copy of the person's commission, an impression of the person's tangible seal, and a specimen of the person's …

§456-5 Official bond. Each notary public forthwith and before entering upon the duties of the notary public's commission shall execute, at the notary public's own expense, an official surety bond which shall be in the sum of $1,000. Each bond shall be approved by a judge of the c…

§456-6 Liabilities; limitations on; official bond. (a) In the performance of a notarial act, a notary public's liability shall be limited to a failure by the notary public to perform properly the actions required for the jurat, acknowledgment, or other notarial acts. The notary p…

§456-8 Rules. The attorney general, subject to chapter 91, may prescribe such rules as the attorney general deems advisable concerning the administration of this chapter, the commission and duties of notaries public, and any measures as may be necessary to prevent the fraudulent …

§456-9 Fees and administrative fines. (a) The attorney general shall charge and collect the following fees for: These fees may be adjusted, and any other fees may be established and adjusted, by adopting rules pursuant to chapter 91. (b) The court fees for filing a copy of a comm…

§456-9.5 Notaries public special fund. (a) There is established in the state treasury the notaries public special fund into which shall be deposited: (b) The notaries public special fund shall be administered by the department of the attorney general. Notwithstanding any law to t…