Title Minnesota Statutes, Minnesota Statutes

358.05 OATH OF OFFICE. The oath of office to be taken by members and officers of either branch of the legislature shall be that prescribed by the Constitution of the state of Minnesota, article IV, section 8. Every person elected or appointed to any other public office, including…

358.06 TRUSTEES, REFEREES. Unless otherwise provided by law, every executor, administrator, guardian, trustee, referee, arbitrator, viewer, assessor, appraiser, and other person appointed by or made responsible to the court in any action or proceeding, before entering upon duties…

358.07 FORMS OF OATH IN VARIOUS CASES. An oath substantially in the following forms shall be administered to the respective officers and persons hereinafter named: (1) To grand jurors: "You each do swear that you will diligently inquire, and true presentment make, of all public o…

358.08 AFFIRMATION IN LIEU OF OATH. If any person of whom an oath is required shall claim religious scruples against taking the same, the word "swear" and the words "so help you God" may be omitted from the foregoing forms, and the word "affirm" and the words "and this you do und…

358.09 BY WHOM AND HOW ADMINISTERED. Any officer authorized by this chapter to take and certify acknowledgments may administer an oath, and, if the same be in writing, may certify the same under the officer's signature, and an official notarial stamp, in the following form: "Subs…

358.10 OFFICIALS MAY ADMINISTER, WHEN. (a) All persons holding office under any law of this state, or under the charter or ordinances of any municipal corporation thereof, including judges and clerks of election, and all committee members, commissioners, trustees, referees, appra…

358.11 OATHS, WHERE FILED. Except as otherwise provided by law, the oath required to be taken and subscribed by any person shall be filed as follows: (1) if that of an officer of the state, whether elective or appointive, with the secretary of state; (2) if of a county officer, o…

358.115 UNSWORN FOREIGN DECLARATIONS. § Subdivision 1.Definitions. (a) For the purposes of this section, the terms defined in this subdivision have the meanings given them. (b) "Boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, th…

358.116 COURT DOCUMENTS. Unless specifically required by court rule, a pleading, motion, affidavit, or other document filed with a court of the Minnesota judicial branch, or presented to a judge or judicial officer in support of a request for a court order, warrant, or other reli…

358.14 MARRIED PERSONS. No separate examination of each spouse shall be required, but if spouses join in and acknowledge the execution of any instrument, they shall be described in the certificate of acknowledgment in a manner that indicates they are married to each other; and, i…

358.15 EX OFFICIO NOTARY PUBLIC. (a) The following officers have the powers of a notary public within the state: (1) every member of the legislature, while still a resident in the district from which elected; but no fee or compensation may be received for exercising these powers.…

358.16 MS 1949 [Obsolete]

358.17 MS 1949 [Obsolete]

358.18 MS 1949 [Obsolete]

358.19 MS 1949 [Obsolete]

358.20 MS 1949 [Obsolete]

358.21 MS 1949 [Obsolete]

358.25 POWER GIVEN FOR TAKING ACKNOWLEDGMENTS FOR PROTESTING BILLS OF EXCHANGE. Any person authorized to take acknowledgments or administer oaths, who is at the same time an officer, director or stockholder of a corporation, is hereby authorized to take acknowledgments of instrum…

358.271 [Obsolete]

358.28 MS 1949 [Obsolete]

358.29 MS 1949 [Obsolete]

358.30 MS 1949 [Obsolete]

358.31 MS 1949 [Obsolete]

358.50 EFFECT OF ACKNOWLEDGMENT. An acknowledgment made in a representative capacity as defined in section 358.52, subdivision 5, and certified substantially in the form prescribed in this chapter is prima facie evidence that the instrument or electronic record was executed and d…

358.51 SHORT TITLE. Sections 358.51 to 358.76 may be cited as the "Revised Uniform Law on Notarial Acts." History: 2018 c 176 art 1 s 1

358.52 DEFINITIONS. § Subdivision 1.Scope. For purposes of sections 358.51 to 358.76, the terms defined in subdivisions 2 to 16 have the meanings given them. § Subd. 2.Acknowledgment. "Acknowledgment" means a declaration by an individual before a notarial officer that the individ…

358.53 APPLICABILITY. Sections 358.51 to 358.76 apply to a notarial act performed on or after January 1, 2019. History: 2018 c 176 art 1 s 3

358.54 AUTHORITY TO PERFORM NOTARIAL ACT. § Subdivision 1.Source. A notarial officer may perform a notarial act authorized by sections 358.51 to 358.76, 359.04, and other law. § Subd. 2.Limitation. A notarial officer may not perform a notarial act with respect to a record to whic…

358.55 REQUIREMENTS FOR CERTAIN NOTARIAL ACTS. § Subdivision 1.Acknowledgments. A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual as set forth in section 358.57, that the …

358.56 PERSONAL APPEARANCE REQUIRED. Except as otherwise provided in section 358.645, 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 o…

358.57 IDENTIFICATION OF INDIVIDUAL. § Subdivision 1.Personal knowledge. 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 …

358.58 AUTHORITY TO REFUSE TO PERFORM NOTARIAL ACT. § Subdivision 1.Specific grounds. A notarial officer may refuse to perform a notarial act if the officer is not satisfied that: (1) the individual executing the record is competent or has the capacity to execute the record; or (…

358.59 SIGNATURE IF INDIVIDUAL UNABLE TO SIGN. If an individual is physically unable to sign a record, the individual's signature may be obtained in the manner provided in section 645.44, subdivision 14. History: 2018 c 176 art 1 s 9

358.60 NOTARIAL ACT IN THIS STATE. § Subdivision 1.Authorized persons. A notarial act may be performed in this state by: (1) a notary public of this state; (2) a judge, clerk, or deputy clerk of a court of this state; or (3) any other individual authorized to perform the specific…

358.61 NOTARIAL ACT IN ANOTHER STATE. § Subdivision 1.Effect. 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: (1) a notary public of …

358.62 NOTARIAL ACT UNDER AUTHORITY OF FEDERALLY RECOGNIZED TRIBE. § Subdivision 1.Effect. A notarial act performed under the authority and in the jurisdiction of a federally recognized tribe has the same effect as if performed by a notarial officer of this state, if the act perf…

358.63 NOTARIAL ACT UNDER FEDERAL AUTHORITY. § Subdivision 1.Effect. 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: (1) a judge…

358.64 FOREIGN NOTARIAL ACT. § Subdivision 1.Definition. In this section, "foreign state" means a government other than the United States, a state, or a federally recognized tribe. § Subd. 2.Effect. If a notarial act is performed under authority and in the jurisdiction of a forei…

358.645 REMOTE ONLINE NOTARY PUBLIC. § Subdivision 1.Definitions. (a) For purposes of this section, the terms defined in this subdivision have the meanings given them. (b) "Appear," "personally appear," or "in the presence of" means: (1) being in the same physical location as ano…

358.646 RECORDING ELECTRONIC DOCUMENTS IN TANGIBLE FORM. (a) If a law requires as a condition for recording that a document be an original, be on paper or another tangible medium, be in writing, or be signed, the requirement is satisfied by a paper copy of an electronic document …

358.65 CERTIFICATE OF NOTARIAL ACT. § Subdivision 1.Required. A notarial act must be evidenced by a certificate. The certificate must: (1) be executed contemporaneously with the performance of the notarial act; (2) be signed and dated by the notarial officer and, if the notarial …

358.66 SHORT FORM CERTIFICATES. (a) The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 358.65, subdivisions 1 and 2: (1) For an acknowledgment in an individual capacity; State of …

358.67 OFFICIAL STAMP. The official stamp of a notary public must: (1) satisfy the requirements of section 359.03; and (2) be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated. History: 2018 c 176 art 1 s …

358.68 STAMPING DEVICE SECURITY. 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. History: 2018 c 176 art 1 s 20

358.69 PERFORMANCE OF NOTARIAL ACT ON ELECTRONIC RECORD. § Subdivision 1.Selection of technology. (a) 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 perfor…

358.70 GROUNDS TO DENY, REFUSE TO RENEW, REVOKE, SUSPEND, OR CONDITION COMMISSION OF NOTARY PUBLIC. § Subdivision 1.Generally. The commissioner of commerce has all the powers provided by section 45.027 and may proceed in the manner provided by that section in actions against a no…