Title I, STATE SOVEREIGNTY AND MANAGEMENT (Ch. 1 - 38D)

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 any of the following: a. A judge, clerk, or deputy clerk of a court. b. An ind…

1. As used 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 …

1. As used in this section unless the context otherwise requires: a. “Communication technology” means an electronic device or process that does all of the following: (1) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sigh…

To be eligible to directly facilitate a notarial act using communication technology for a remotely located individual as provided in section 9B.14A , a remote facilitator must designate and continuously maintain in this state one of the following: 1. Its usual place of business i…

1. a. As used in this section , unless the context otherwise requires, “personally identifiable information” means information about or pertaining to an individual in a record which identifies the individual, and includes information that can be used to distinguish or trace an in…

1. A notarial act must be evidenced by a certificate. The certificate must meet all of the following requirements: 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 pu…

The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 9B.15, subsections 1 and 2 : 1. For an acknowledgment in an individual capacity: State of ................................ [Coun…

1. The official stamp of a notary public must comply with all of the following: a. Include the notary public’s name, the words “Notarial Seal” and “Iowa”, the words “Commission Number” followed by a number assigned to the notary public by the secretary of state, the words “My Com…

1. A notary public is responsible for the security of the notary public’s stamping device and shall not allow another individual to use the device to perform a notarial act. 2. If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s person…

In this chapter : 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 …

1. A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public ha…

1. An individual qualified under subsection 2 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 an application fee of thirty dollars …

The secretary of state, two months preceding the expiration of a commission, shall notify the notary public of the expiration date and furnish a blank application for reappointment. 2012 Acts, ch 1050, §20, 60

The secretary of state shall collect the following fees, for use in offsetting the cost of administering this chapter : 1. For furnishing a certified copy of any document, instrument, or paper relating to a notary public, one dollar per page and five dollars for the certificate. …

1. 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 honesty, integrity, competence, or reliability to act as a notary public, including any …

The secretary of state shall maintain an electronic database of notaries public which complies with all of the following: 1. Through which a person may verify the authority of a notary public to perform notarial acts. 2. Which indicates whether a notary public has notified the se…

1. A commission as a notary public does not authorize an individual to do any of the following: 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 perso…

1. Except as otherwise provided in section 9B.4, subsection 2 , the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chap…

The secretary of state may adopt rules to administer this chapter . Any rules adopted with respect to the performance of notarial acts on electronic records shall not require or favor one technology or technical specification over another. 2012 Acts, ch 1050, §26, 60 Referred to …

A commission as a notary public in effect on January 1, 2013, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after January 1, 2013, is subject to and shall comply with this chapter . A notary public, in performin…

In applying and construing this chapter , consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the revised uniform law on notarial acts. 2012 Acts, ch 1050, §28, 60

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act , 15 U.S.C. §7001 et seq. , but does not modify, limit, or supersede section 101(c) of that Act , 15 U.S.C. §7001(c) , or authorize electronic delivery of any of th…

1. A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this chapter. 2. A notarial officer shall not perform a notarial act with respect to a record to which the notarial officer or the notarial officer’s spouse is a party, …

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 notarial officer and making the acknowledgment has the identity claimed and …

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. This section is satisfied by a remotely located individual using communi…

1. A notarial officer has personal knowledge of the identity of an individual appearing before the notarial 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 …

1. A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that any of the following apply: a. The individual executing the record is competent or has the capacity to execute the record. b. The individual’s signature is knowingly and volun…

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…