colorado new-law review - national notary association library/nna...a special webinar presentation...

A special webinar presentation by the

Colorado New-Law Review

Introduction

• Effective August 8, 2012

• Bill 1274

Today’s Outline

• New requirements for Notary seals

• New requirements related to Notary journal

• Reporting status changes

Today’s Outline

• New procedures for certifying copies

• Disciplinary actions

• Non-disciplinary actions

Notary Seal

• Important changes relating to official seal

• Required to have and use on every document notarized

Notary Seal

• Requires to use an inking rubber stamp that is rectangular

• Previously could use either a seal embosser or a seal stamp

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

WORDS “STATE OF COLORADO” AND “NOTARY PUBLIC”

Seal Under the Previous Law

• Legal name is required

• “Grandfather” provision allows current Notaries to use current seal stamp or embosser until commission expires

• Repeals requirement to write or stamp commission expiration date

Questions Regarding Seal Laws

Can I continue to use my current Notary

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?

YESCan I

continue to use my current Notary seal?

Seal Changes

• Continue to use current seal until your current commission expires

Can I purchase a new Notary

seal to comply with the law

changes right away?

Seal Changes

• You may purchase a new seal immediately that conforms to the new law

YESAm I required

to write my commission expiration

date when my new seal

contains it?

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

YESMay I still use an embosser as an adjunct

security device?

Seal Changes

• Solely for security purposes

• Embosser may not give impression that it is an official seal

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

The Notary Journal

• Provides valuable evidence of the notarization

• Law requires Notaries to keep and maintain a journal

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

The Notary Journal

• Employer cannot prevent Notary from keeping a journal

• Recommended by Secretary of State even when employer exemption exists

Recording Journal Entry

• Journal entries listed in statute went from recommended to required

• Certain information is now required

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

Recording Additional Entries

Time of the notarization

Identification of signer

Notary fee

Thumbprint of signer

Sample Journal Entry

Notary Status Changes

• Address Change

– Business or residence address

– Within 30 days of the change

– Log in to Secretary of State’s website

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

Copy Certification

• Notary certifies that a copy of an original document is true and correct

• New law regards definition of “facsimile”

Copy Certification

• Facsimile – “any copy, photocopy, facsimile, replica, or other reproductionof a document”

• Refers to a copy

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

Copy Certification

• Certified copy cannot be obtained from any clerk or recorder

– Vital Records

– Recordable Instrument

– Public Record

Copy Certification

• Statement that production of this document does not violate a state or federal law

– U.S. Naturalization Certificate

Copy Certification

• Identification not required

Copy Certification

• Certificate wording should be “substantially in the following form”

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

Copy Certification

• Keep a personal copy of any document you copy certify

• Keep the written request

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

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?

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

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

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

Secretary of State Non-Disciplinary Actions

Results from a complaint against a Notary

Secretary of State may issue a letter of admonition

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

Requires notification to SOS of change of business or name

change

Colorado Notary Law Primer

• All changes can be found here

For further information, contact:

hotline@NationalNotary.org

888-876-0827

Hotline Counselors are available to assist you

Monday – Friday: 6am – 5pm and Saturday: 7am – 4pm (PST)

Being an NNA Member has its benefits:

• 24 Hour Help Online at NationalNotary.org

• Educational Resources

• Regular Updates with NNA Publications

• Toll-Free Hotline Support

• Member Privileges and Partner Discounts

• 20% Discount on Notary Supplies

• And More

Learn more in your Member Benefits Guide

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For further information, contact:

hotline@NationalNotary.org

888-876-0827

Hotline Counselors are available to assist you

Monday – Friday: 6am – 5pm and Saturday: 7am – 4pm (PST)

Thank you for joining us

National Notary Association

www.NationalNotary.org

colorado new-law review - national notary association library/nna...a special webinar presentation...

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