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A special webinar presentation by the
Colorado New-Law Review
Introduction
• Effective August 8, 2012
• Bill 1274
© 2012 National Notary Associationwww.nationalnotary.org
Today’s Outline
• New requirements for Notary seals
• New requirements related to Notary journal
• Reporting status changes
© 2012 National Notary Associationwww.nationalnotary.org
Today’s Outline
• New procedures for certifying copies
• Disciplinary actions
• Non-disciplinary actions
© 2012 National Notary Associationwww.nationalnotary.org
Notary Seal
• Important changes relating to official seal
• Required to have and use on every document notarized
© 2012 National Notary Associationwww.nationalnotary.org
Notary Seal
• Requires to use an inking rubber stamp that is rectangular
• Previously could use either a seal embosser or a seal stamp
© 2012 National Notary Associationwww.nationalnotary.org
Seal Under the New Law
JANE Q. DOENOTARY IDENTIFICATION NUMBER
COMMISSION EXPIRATION DATESTATE OF COLORADO
NOTARY PUBLIC
NOTARY’SLEGAL NAME
NOTARY’SIDENTIFICATION
NUMBER
COMMISSION EXPIRATION
DATE
WORDS “STATE OF COLORADO” AND “NOTARY PUBLIC”
© 2012 National Notary Associationwww.nationalnotary.org
Seal Under the Previous Law
© 2012 National Notary Associationwww.nationalnotary.org
Seal Under the New Law
• Legal name is required
• “Grandfather” provision allows current Notaries to use current seal stamp or embosser until commission expires
© 2012 National Notary Associationwww.nationalnotary.org
Seal Under the New Law
• Repeals requirement to write or stamp commission expiration date
© 2012 National Notary Associationwww.nationalnotary.org
Questions Regarding Seal Laws
Can I continue to use my current Notary
seal?
Can I purchase a new Notary seal to comply with the law changes
right away?
Am I required to write my commission
expiration date if my new seal has it?
May I still use an embosser as an adjunct security
device?
© 2012 National Notary Associationwww.nationalnotary.org
Questions Regarding Seal Laws
YESCan I
continue to use my current Notary seal?
© 2012 National Notary Associationwww.nationalnotary.org
Seal Changes
• Continue to use current seal until your current commission expires
© 2012 National Notary Associationwww.nationalnotary.org
YES
Questions Regarding Seal Laws
Can I purchase a new Notary
seal to comply with the law
changes right away?
© 2012 National Notary Associationwww.nationalnotary.org
Seal Changes
• You may purchase a new seal immediately that conforms to the new law
© 2012 National Notary Associationwww.nationalnotary.org
Questions Regarding Seal Laws
YESAm I required
to write my commission expiration
date when my new seal
contains it?
© 2012 National Notary Associationwww.nationalnotary.org
Seal Changes
• Continue to write in commission expiration date
• New law does not remove it from document but adds it to seal
• No blank spaces
• Good customer service
© 2012 National Notary Associationwww.nationalnotary.org
Questions Regarding Seal Laws
YESMay I still use an embosser as an adjunct
security device?
© 2012 National Notary Associationwww.nationalnotary.org
Seal Changes
• Solely for security purposes
• Embosser may not give impression that it is an official seal
© 2012 National Notary Associationwww.nationalnotary.org
Other Seal Changes
• New “curative” provision
• For seals that do not comply with new laws:
– Notarization will not be invalid
– Use of improper seal will not affect marketability of title
© 2012 National Notary Associationwww.nationalnotary.org
The Notary Journal
• Provides valuable evidence of the notarization
• Law requires Notaries to keep and maintain a journal
© 2012 National Notary Associationwww.nationalnotary.org
The Notary Journal
• If employer’s business practice is to keep a copy of notarized document which contains journal information, that is sufficient
• Notary can still choose to keep a journal
© 2012 National Notary Associationwww.nationalnotary.org
The Notary Journal
• Employer cannot prevent Notary from keeping a journal
• Recommended by Secretary of State even when employer exemption exists
© 2012 National Notary Associationwww.nationalnotary.org
Recording Journal Entry
• Journal entries listed in statute went from recommended to required
• Certain information is now required
© 2012 National Notary Associationwww.nationalnotary.org
Required Journal Entries
Date and type of notarization
Title or type of document or transaction and date
Printed name, address and signature of each signer and witness
Any other appropriate information
© 2012 National Notary Associationwww.nationalnotary.org
Recording Additional Entries
Time of the notarization
Identification of signer
Notary fee
Thumbprint of signer
© 2012 National Notary Associationwww.nationalnotary.org
Sample Journal Entry
© 2012 National Notary Associationwww.nationalnotary.org
Notary Status Changes
• Address Change
– Business or residence address
– Within 30 days of the change
– Log in to Secretary of State’s website
© 2012 National Notary Associationwww.nationalnotary.org
Notary Status Changes
• Name Change
– Within 30 days of the change
– Provide a sample of handwritten signature
– Download form from Secretary of State’s website
– Fee may be required
© 2012 National Notary Associationwww.nationalnotary.org
Copy Certification
• Notary certifies that a copy of an original document is true and correct
• New law regards definition of “facsimile”
© 2012 National Notary Associationwww.nationalnotary.org
Copy Certification
• Facsimile – “any copy, photocopy, facsimile, replica, or other reproductionof a document”
• Refers to a copy
© 2012 National Notary Associationwww.nationalnotary.org
Copy Certification
• Requires requestor to present a signed written request that includes:
– Certified copy cannot be obtained from any clerk or recorder
– Does not violate any state or federal law
© 2012 National Notary Associationwww.nationalnotary.org
Copy Certification
• Certified copy cannot be obtained from any clerk or recorder
– Vital Records
– Recordable Instrument
– Public Record
© 2012 National Notary Associationwww.nationalnotary.org
Copy Certification
• Statement that production of this document does not violate a state or federal law
– U.S. Naturalization Certificate
© 2012 National Notary Associationwww.nationalnotary.org
Copy Certification
© 2012 National Notary Associationwww.nationalnotary.org
Copy Certification
• Identification not required
© 2012 National Notary Associationwww.nationalnotary.org
Copy Certification
• Certificate wording should be “substantially in the following form”
© 2012 National Notary Associationwww.nationalnotary.org
Copy Certification
State of ColoradoCounty of ____________
I, _______ (name of Notary), a Notary Public in and for said state, do certify that on _____ (date), I carefully compared with the original the attached facsimile of ______ (type of document) and the facsimile I now hold in my possession. They are complete, full, true and exact facsimiles of the document they purport to reproduce.
_______________________Signature of Notary
JANE Q. DOENOTARY IDENTIFICATION NUMBER
COMMISSION EXPIRATION DATESTATE OF COLORADO
NOTARY PUBLIC
© 2012 National Notary Associationwww.nationalnotary.org
Copy Certification
• Keep a personal copy of any document you copy certify
• Keep the written request
© 2012 National Notary Associationwww.nationalnotary.org
Disciplinary Actions
• Clarified in the new laws
• New actions Secretary of State may take:
– Revocation of Notary commission
– Suspension of Notary commission
• Specified period of time
• Fulfillment of condition
© 2012 National Notary Associationwww.nationalnotary.org
Secretary of State Actions
What are the grounds for which the Secretary of
State may deny a Notary’s commission or take disciplinary action against a Notary?
© 2012 National Notary Associationwww.nationalnotary.org
Secretary of State Violations Resulting in Disciplinary Action
Performing any notarial act when the Notary’s commission is suspended
Failing to comply with the terms of suspension
© 2012 National Notary Associationwww.nationalnotary.org
Secretary of State Violations Resulting in Disciplinary Action
Being convicted of a misdemeanor involving dishonesty within the past 5 years
Being convicted of a felony or for official misconduct
Submitting an application for a commission containing material or substantial misstatement or omission of fact
Failing to perform any duty of a Notary
© 2012 National Notary Associationwww.nationalnotary.org
Secretary of State Violations Resulting in Disciplinary Action
Being convicted of a misdemeanor involving dishonesty within the past 5 years
Ceasing to fulfill the requirements of the Notary’s most recent commission
Notarizing a blank document
Engaging in the unauthorized practice of law
© 2012 National Notary Associationwww.nationalnotary.org
Secretary of State Non-Disciplinary Actions
Results from a complaint against a Notary
Secretary of State may issue a letter of admonition
© 2012 National Notary Associationwww.nationalnotary.org
Conclusion
House Bill 1274 instituted a number
of important changes
New requirements for Notary seals
New information for the journal
Clarifies how copy certification may be
performed
Clarifies disciplinary and non-disciplinary actions that SOS may
take
Requires notification to SOS of change of business or name
change
© 2012 National Notary Associationwww.nationalnotary.org
Colorado Notary Law Primer
• All changes can be found here
© 2012 National Notary Associationwww.nationalnotary.org
Q & A
For further information, contact:
888-876-0827
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© 2012 National Notary Associationwww.nationalnotary.org
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Q & A
For further information, contact:
888-876-0827
Hotline Counselors are available to assist you
Monday – Friday: 6am – 5pm and Saturday: 7am – 4pm (PST)
© 2012 National Notary Associationwww.nationalnotary.org
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© 2012 National Notary Associationwww.nationalnotary.org