Colorado Notary Public CourseAardvark Notary Training

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Course Overview• What is a Notary?

• How to Become a Notary

• The Notary’s Toolbox

• Notary Public Powers

• Misconduct and Liability

• Administrative Requirements

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Sources For This PresentationColorado Notary Public Law

Colorado Notary Handbook

Model Notary Act

Colorado Secretary of State Website

RULONA - Revised Uniform Law on Notarial Acts

Best Practices

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What is a Notary?

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What is a Notary Public?A Quasi-Public Official.

Through the application process, the Notary Public is appointed by the Secretary of State.

Has been granted specific powers by law.

Serves the people of Colorado, but only in Colorado.

An unbiased verifier and authenticator

A disinterested observer of transactions.

An impartial third party.

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Why Do We Need Notaries?To help to prevent fraud; not all people are honest.

32% of perpetrators of fraud were family members or relatives.

18% were friends, neighbors, or in-home employees.

A common target for fraud is the elderly.

The Colorado Secretary of State and Attorney General have made fraud a high priority.

Especially wills, powers of attorney, real property instruments (quit claim deeds).

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How do Notaries Prevent Fraud?Signatures authenticate important items (Land transfers, parenting plans, etc.)

Notaries verify and authenticate signatures and documents.

Ensures that certain minimum standards are met when a document is signed.

Ensures that the signer is a willing participant.

Ensures that the identity of the person that signs a document has been verified.

Notaries are persons of integrity.

Not convicted of felonies or recent misdemeanors involving dishonesty.

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Ethical ResponsibilitiesAs public servants, notaries are encouraged to provide a notarization for anyone who makes a lawful and reasonable request.

The Notaries Public Act does not prohibit notaries from refusing to notarize.

Notaries who hold themselves out to the public may also be subject to other laws prohibiting discrimination.

Check with your employer or legal counsel if you have questions about your obligations to the public.

Complaints alleging discrimination by notaries are referred to the Civil Rights Commission.

Best Practice: If you refuse a request to notarize, record the event in your journal, including the reason why.

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How to Become a Colorado Notary

Public

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Application Requirements

Atleast18YearsOld ReadandWritetheEnglishLanguage

ResidenceandBusinessAddressin

Colorado

NeverHadaNotaryCommissionRevoked

Nofelonyconvictions;nomisdemeanorsinvolvingdishonestyinprevious5years

ColoradoResident

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Lawful PresenceThe government cannot grant benefits or issue business or professional licenses to those in the United States illegally.

Acceptable photo identification proving lawful presence is required.

A clear photocopy must be submitted with your notary application.

Your application will also include your business and home addresses in Colorado.

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Lawful Presence Acceptable IdentificationColoradoDrivers

LicenseorIDU.S.MilitaryorDependent

IDCardU.S.MerchantMarinerCard

NativeAmericanTribalID

U.S.Passport

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Lawful Presence AffirmationOath under penalty of perjury that the applicant is:

A citizen of the United States, or

A permanent resident of the United States, or

Lawfully present under federal law.

If not a U.S. citizen, a copy of the Permanent Resident card or other documentation must be provided along with the application.

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Steps to Apply

HaveSignatureNotarizedandSubmit Online

CompleteandPrintOnlineApplication

PassStateExam

AttendAuthorizedTrainingCourse

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Application FactsThe Secretary of State receives over 1,500 applications every month.

These include both new applicants and applications for reappointment.

A Notary Public commission lasts for four years.

Commissions can be renewed.

The commission should be renewed within 90 days before it expires.

About 20% of these applications are rejected.

As part of your application, you will swear under penalty of perjury that you have read the notary law of Colorado.

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Common Rejection Reasons

Incomplete or inaccurate application form

Carefully enter your information online

Affirmation form is not notarized properly

Applicant does not meet the requirements (i.e. convicted of a felony)

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Online Applications OnlyOnline applications are less expensive and processed faster

New applicants are registered for online access upon payment of the application fee

Renewing and expired applicants must first register for online access before renewing the notary commission

You should use a personal email address

Work emails over-filter spam

If you change jobs you’ll still have access

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Items to Submit OnlineOriginal,signed,notarizedapplicationform

ClearphotocopyofanacceptableformofID(frontandback)

Trainingcertificate(fornewnotariesandrenewalsexpiredformorethan30days)

Stateexamcertificate(fornewnotariesandrenewalsexpiredformorethan30days)

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Affirmation Form

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SignatureThe signature that you use on your affirmation form will become your official notary signature.

You must sign this way consistently in all notarizations.

Your notarizations may be compared with your official signature will if any issues come up.

The name on your ID must match the name on your application, even if you sign using your initials.

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The Notary’s ToolboxRequired Items

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Required ItemsNotarial certificate

Notary seal

Notary journal

Physical presence

Satisfactory evidence

No disqualifying interest

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Notarial CertificateYou must always use a complete notarial certificate

Includes:

Accurate who, what, when, where (i.e., no pre- or post-dating)

Notary seal

Notary’s official signature

Commission expiration date

Best practice is to include the title of the document you are notarizing

Examples will be provided later

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Notary SealA rectangular rubber ink stamp

Must contain within the border

Notary’s official name

The words “Notary Public”

The words “State of Colorado”

The Notary’s 11-digit ID number

The Notary’s commission expiration date

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Notary Seal ConcernsName misspelled or does not match official name on record with the Secretary of State

Omits one of required items or has expiration date outside the border

Commission expiration date or ID number incorrect

Seal stamped over signatures

Seal is smeared or obscured

Lost seals must be reported to the Secretary of State.

The notary owns the seal

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Incorrect Seals

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More Incorrect Seals

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Is This Seal Okay?

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Notary JournalA notary journal is required for all notarizations

Exception: If the notary’s firm or employer, in the regular course of business, keeps the documents or copies of them, the notary is not required to make a journal entry.

Protects against unfounded complaints

Provides evidence in the event of a lawsuit

The Secretary of State may ask for the journal to verify transactions. If the journal is not produced, the notary may be found personally liable.

The Notary owns the journal.

Lost journals must be reported to the Secretary of State.

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The Exception Puts You At Risk!

The notary becomes liable for documents that are misfiled, lost, destroyed or otherwise unrecoverable

Should the notary leave their place of business, they remain responsible for obtaining or retaining all documents for which they have performed a notarial act.

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Notary Journal Required ElementsIt must contain for each notarial act

Type of notarial act

Date of notarial act

Title or type of document being notarized

Name, address, and signature of person signing

Name, address, and signature of each witness

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Notary Journal Optional Best Practices

Include in the Journal:

Type of Identification (not number)

Thumbprint of signer

Customer should sign Journal first.

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Journal Requests for CopiesYou are permitted by law to provide certified copies of a journal entry or certificate.

You may charge a regular notary fee.

You may be required to do so by the Secretary of State in response to a complaint or inquiry.

The Model Notary Act suggests:

The requesting party should be specific about the transaction. General requests to view or copy the journal should not be permitted.

The identity of the requester should be confirmed and the transaction should be recorded in your journal.

The requester should only have access to the single transaction. Entries on the same page should be covered or redacted.

As a best practice you should also redact any information not required by law (e.g., thumbprints, etc.)

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Physical PresenceFor all notarial acts, the client must appear physically (face-to-face) before the notary.

That means, standing or sitting in front of you.

You can’t notarize things if the client is in another location.

You can’t notarize things that your employer said he saw a client sign.

You can’t notarize things talking on the phone

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Satisfactory Evidence

PersonalKnowledge

CredibleWitness

Identification

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Personal Knowledge

If you personally know the signer and his or her signature and are confident that the person is who he or she says then you can perform the notarization.

An example is performing notarizations for your supervisor.

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Credible WitnessThis is the least preferred method.

A third person “vouches” for the identity of the person who you do not personally know or does not have identification.

The third person must be personally known to both the notary and the signer.

Examples of when this might be necessary is an elderly person who has expired identification or a recent immigrant.

In the case of contested notarizations the Secretary of State must decide the extent of the personal relationships.

Since personal relationships are not defined by law, the Secretary of State has wide discretion.

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IdentificationSecure and Verifiable Identification (SVID)

This is the standard developed and used by the State of Colorado.

A current identification card or document issued by a federal or state governmental entity

A picture and a signature is required.

The identification may not be expired.

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Common Forms of IdentificationCurrent Colorado Driver’s License or Colorado Identification

Current United States Passport

Valid United States Military Identification

Driver’s License from another state.

These should be verified using a resource like the I.D. Checking Guide

http://www.driverslicenseguide.com/

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Uncommon Forms of IdentificationAll Contain U.S. symbols and Picture and Signature.

Consult the US Department of State Website

The Complete List:

Valid foreign passport with I-94 or valid processed for I-551 stamps. Exception: Canadian Passport may not have I-94 attached.

Valid I-94 issued by U.S. Immigration with L1 or R1 status and a valid Canadian drivers license or valid Canadian identification card.

Valid I-551 Resident Alien/Permanent Resident card.

Valid I-688 Temporary Resident, I-688B, and I-766 Employment Authorization Card with intact photo.

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Unacceptable IdentificationMatricula Consular (not United States federal or state)

Provided to staff at the Mexican embassy

Birth Certificate (no picture or signature)

Latest version of Military Identification (no signature)

Border crossing cards (from Mexico)

Must be residents of Mexico with ties to Mexico warranting a temporary stay in the United States.

Rent or utility receipts (no picture, signature, not issued by United States federal or state government)

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Identification Best PracticesCheck the back for authenticity

Check the physical description on the identification and compare it to the client.

Check the date of birth and compare it to the client.

Check for evidence of alteration or tampering.

If in doubt (or as a good practice), ask for two forms of identification and compare them.

Record the form of identification in the notary journal to protect from liability.

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No Disqualifying InterestYou cannot notarize documents for which you have a “disqualifying interest.”

You are named as a party in the transaction

You could gain from the transaction

Example #1: you cannot notarize a Last Will and Testament in which you are named a beneficiary.

Example #2: you cannot notarize a quitclaim deed to real property if you are named as the grantee.

The Model Notary Act says not to notarize for

Close family members

In-laws, half, step, or domestic partners

Revised Uniform Law on Notarial Acts (RULONA)

Cannot notarize if spouse/civil partner is a party or has a beneficial interest

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Notary Public Powers

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Most Used Powers

Oaths and Affirmations

Acknowledgements

Copy Certifications

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Oaths and AffirmationsJurats: statements that are sworn to or affirmed.

“So help me God”

“Under penalty of perjury”

The notary administers an oath (Examples are in the Notary Handbook).

The client must verbally swear to or affirm his or her identity and that he or she identifies the document.

This is done before the jurat is completed.

The notary does not verify the contents of the document.

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Oaths and Affirmation ProcessStep1 • Recordthetransactioninyournotaryjournal

Step2 • Identifytheclientusing“SatisfactoryEvidence”

Step3 • AdministertheOathorAffirmation

Step4 • Watchtheclientsigninyourphysicalpresence

Step5 • CompletetheNotarialCertificate

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Model Notary Act (Oaths and Affirmations) Read aloud any provided affirmation wording and have the client assent

Proper affirmation requires a positive and unequivocal response by the signer

The response is preferred to be verbal but can be non-verbal (e.g. nodding head)

The Notary Handbook provides suggested wording for administering the oath

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Jurat for Oath or AffirmationState of Colorado

ssCity and County of Denver

Subscribed and sworn to (or affirmed) before me this 1st day of June, 2011 by John Q. Adams.

Michael L. SmithMichael L. SmithNotary Public

My Commission expires:___________Stamp of Seal

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AcknowledgementsUnlike jurats, these are unsworn statements.

Commonly used for Real Property transactions

No need to witness the signature

Client must acknowledge that he or she signed the document in the physical presence of the notary, but does not have to sign in front of the notary

The notary does not verify the contents of the document.

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Acknowledgements ProcessStep1 • Recordthetransactioninyournotaryjournal

Step2 • Identifytheclientusing“SatisfactoryEvidence”

Step3• Clientacknowledgesinyourphysicalpresencethatheorshesignedthedocument

Step4 • Completethenotarialcertificate

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Model Notary Act (Acknowledgements)

The client does not make any statement regarding the accuracy or truthfulness of the document’s contents

The acknowledgement acknowledges that the document was voluntarily signed in order to validate the document.

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Notarial Certificate (Acknowledgement)

State of Colorado ss

County of Larimer

The foregoing instrument was acknowledged before me this 1st day of January, 2011 by Robert Jones.

John B. AndersonJohn B. AndersonNotary Public

My Commission expires:___________ Stamp of Seal

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Signature Banks

A document meant to be signed by more than one person.

Make sure that you clearly state the name of the signature that you are notarizing in the notarial certificate.

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Oath/Affirmation or Acknowledgement?

As a notary, you do not decide; you perform the notarial act that the client requests.

If the client does not know, direct the client to the person that is requesting the document.

As a disinterested witness, this cannot be your responsibility and can lead to liability.

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Copy CertificationsCopy certifications provide certified facsimiles of documents.

What cannot be certified

Documents that can be obtained within Colorado from a Clerk and Recorder, Vital Records Section, or other government agency.

This means you cannot certify Colorado birth, death, marriage, or divorce certificates.

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More About Copy CertificationsPlease refer to section 12-55-120 of the law.

The written request the customer is required to provide should state that a certified copy of the document cannot be obtained from a clerk and recorder of public documents or custodian of documents in CO and that the production of a copy of the document does not violate any state or federal law. 

Section 12-55-120 also provides the exact wording to use in the notarial certificate.

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Copy Certifications ProcessStep1

•Recordthetransaction inyournotaryjournal

Step2• Identifytheclientusing “SatisfactoryEvidence”

Step3•Obtainwrittenrequest fromtheclient

Step4• Seetheoriginaldocument

Step5

•Receiveormaketwocopiesofthedocument;oneiskeptbythenotary- best

practice

Step6

• Verifythatthecopiesarecomplete,exactfacsimilesoftheoriginalandcertifythe

client'scopy

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Notarial Certificate (Copy Certification)State of Colorado

ssCounty of Boulder

I, Jane J. Jefferson, a Notary Public in and for said state, do certify that on July 1, 2011, I carefully compared with the original the attached facsimile of the University of Colorado diploma awarded to Anne Austin on May 25, 2010 and the facsimile I now hold in my possession. They are complete, full, true, and exact facsimiles of the document they purport to reproduce.

Jane J. JeffersonJane J. JeffersonNotary PublicMy Commission expires:___________

Stamp of Seal

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Sample Written Request

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AuthenticationsA certificate signed by the Secretary of State that the notary has been commissioned and that the commission is current

Attached to notarized documents that are to be used outside the United States

The Secretary of State receives 2,000 documents per month that need to be authenticated

About 25% are defective, usually because the notarization is invalid

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Types of Authentications

Apostille

Goes to members of the Hague Convention of 1961

Certificate of Magistracy

Goes to all other countries

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A Note about Authentications

A careless and incomplete notarization can have severe consequences for a person who is trying to use a notarized document overseas. 

You can refer customers who mention that their document is going to be filed overseas to the Secretary of State’s website for instructions on submitting the document to their office to obtain the authentication certificate.

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Notarizing Foreign Language DocumentsLike all other notarial acts, you are only notarizing the signature and not the contents of the document.

However, the notary must be able to speak the language of the signer to ensure the identity and willingness to sign.

The notary must also be able to read the notarial certificate.

Since others can translate incorrectly, either intentionally or erroneously, the notary must not rely on a third-party translator.

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Petition Circulator NotarizationsIf these are notarized incorrectly, the signatures are not counted.

Requires the following

Circulator signs in the physical presence of the notary

Circulator has fully completed attached affidavit

Circulator presents a form of identification

Notary records type of identification presented (specific identification standards)

Colorado driver’s license, United States passport, copy of utility bill, bank statement, etc. (see 1-1-104 (19.5), C.R.S. for full list)

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Electronic Notarization“Electronic notarization” does not mean remote notarization.

Physical presence, notary certificates, and no blanks in the document are still requirements

A notary must be certified to notarize electronically

Electronic notarization is not widely-demanded

Notarization of electronic documents

http://www.sos.state.co.us/pubs/notary/eNotary.html

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Electronic Notarization ProcessStep1

• Recordthetransactioninyournotaryjournal

Step2• Identifytheclientusing“SatisfactoryEvidence”

Step3• Signeracknowledgesinyourphysicalpresencethatthedocumentwassignedbyhimorherandadministeranoath

Step4• Completethenotarialcertificate

Step5• Attacha“DAN”(DocumentAuthenticationNumber)

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DAN – Document Authentication Number

This is the electronic legal equivalent of using a notary stamp.

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Things that a Notary CAN do

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You CAN Do the Following

You can notarize documents that you prepared if you are an attorney.

You can notarize documents if you are an employee of a company and get paid.

You can notarize wills, deeds, and powers of attorney

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Things that a Notary CAN’T do

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You Cannot Do the FollowingYou may not notarize your own signature

You may not notarize any document without using a notarial certificate.

Sample certificates have been provided in this presentation and more can be found in the Notaries Public Act and the Notary Handbook

You may not notarize a document that contains blank spaces.

Examples: Parenting plans, deeds, etc.

Blanks do not have to be filled in with specific information, but should have an “X,” “not applicable,” or a line preventing later writing.

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More Things You Cannot Do

You may not perform marriages.

Unless you are an attorney, you may not perform attorney services, including explaining the contents of documents or acting as an immigration consultant.

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Advertising RequirementsYou may not engage in false or misleading advertising

Example: saying that you provide attorney services if you are not an attorney

If your advertising is in a foreign language, it must also contain English and foreign disclaimers.

The words “Notario” or “Notario Publico” are not permitted.

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Protecting Persons At RiskThis is a high crime priority for the State of Colorado, enforced by the Secretary of State and the Attorney General.

Dementia: Such a want of reason, memory, and intelligence that prevents a person from comprehending the nature and consequences of his acts or comprehending right from wrong

Lucidity: If the individual, elderly or not, is not lucid, the notarial act should not be performed.

You should engage in conversation with the client to determine lucidity and lack of dementia.

Best practice: If in doubt, clear family members from the room

Be aware when notarizing wills, power of attorneys, real property instruments – especially quit claim deeds.

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Misconduct and Liability

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Misconduct ResponsibilityVancura v. Katris (December 2008)

Illinois Appellate Court ruled that a notary’s employer can be held liable for an employee notary’s misconduct.

Illinois Supreme Court reversed the decision in 2010: the notary alone is responsible.

The notary is responsible for faithfully performing, to the best of his or her ability, all notarial acts in conformance with the law.

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Types of Liability• SecretaryofState•Admonition letter,suspension, revocation• Losenotarycommissionorlicensetopracticelaw

Administrative

•RetainedAttorney• Liablefordamages proximatelycausedbythenotary’smisconduct

Civil

•Policedepartment andDistrictAttorney• Possiblefelonycharges• Examples: takingadvantageoftheelderly,forgery,etc.

Criminal

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Notary Investigations are Prompted byA signed complaint

Typical concerns are lack of physical presence, blanks in the document, disqualifying interests, etc.

Upon the initiative of the Secretary of State

Typical concerns are out of date information (e.g., address, etc.), notarizations missing the commission expiration date, signature does not match name on seal, improper seal, etc.

Dishonesty on application (i.e., age)

False or misleading advertising

These can cause a revocation of your notary commission

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Revocation ProcessThe notary is informed of a complaint and has a chance to respond

If there are still concerns, further investigation is conducted

If concerns remain, the notary is invited to a public hearing with the opportunity to defend

If the commission is revoked, the notary must immediately deliver the seal and journal to the Secretary of State.

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Administrative Requirements

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Requirement to Inform

You are required to inform the Secretary of State in writing if you:

Misplace your Notary Seal

Misplace your Notary Journal

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Current InformationYou are required by law to update your information if it changes.

Changes of your name or address must be reported in writing to the Secretary of State within 30 days of the change.

Changes must be made online.

http://www.sos.state.co.us

No fee is charged for submitting changes.

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ReappointmentNotary commissions last four years.

You may renew up to 90 days before your commission expires.

A courtesy reminder of commission expiration is sent via email.

Notaries that reapply within the 90 day period or within 30 days after expiration are not required to attend training or complete the state exam.

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ResignationReasons for resignation.

Do not intend to renew at the end of the commission

Choose to resign the commission

Move out of the state of Colorado

Resignation process

Send a letter of resignation to the Secretary of State

Send seals, journals, and related papers to the Secretary of State.

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Employment SeparationYou are the Notary Public. Your employer is not.

The commission stays with the notary, even if the employer paid for supplies, training, or the application fee.

The notary must retain the seals, journals, and other related papers.

You are the one accountable to the people of Colorado and state law.

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