41-269. Commission as notary public; confidential information; qualifications; assurance; no immunity or benefit
(Eff. 7/1/22)
A. An individual qualified under subsection B of this section 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 any application fee. Except for the applicant's name and business address, all information provided on the application is confidential and may not be disclosed to any person other than the applicant, the applicant's guardian or personal representative or an employee or officer of the federal, state or local government who is acting in an official capacity. The secretary of state shall use the information provided on the application only for carrying out the purposes of this article.
B. An applicant for a commission as a notary public must:
1. Be at least eighteen years of age.
2. Be a citizen or permanent legal resident of the United States.
3. Be a resident of this state for income tax purposes and claim the individual's residence in this state as the individual's primary residence on state and federal tax returns.
4. Be able to read, write and understand English.
5. Not be disqualified to receive a commission under section 41-271.
6. Have passed the examination described in section 41-270 if required by the secretary of state.
7. Keep as a reference a manual that is approved by the secretary of state and that describes the duties, authority and ethical responsibilities of a notary public.
C. Before a commission as a notary public is issued, an applicant for the commission shall execute an oath of office and submit it to the secretary of state.
D. Before issuance of a commission as a notary public, the applicant for a commission shall submit to the secretary of state an assurance in the form of a surety bond in the amount of $5, 000. The assurance must be issued by a surety or other entity licensed or authorized to do business in this state. The assurance must cover acts performed during the term of the notary public's commission and must be in the form prescribed by the secretary of state. If a notary public violates any law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. The surety or issuing entity shall give thirty days' notice to the secretary of state before canceling the assurance. The surety or issuing entity shall notify the secretary of state not later than thirty days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the secretary of state. An employer may not cancel the assurance of any notary public who is an employee and who leaves such employment.
E. On compliance with this section, the secretary of state shall issue a commission as a notary public to an applicant for a term of four years.
F. A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by the laws of this state on public officials or employees.
G. A notary public is a public officer commissioned by this state and all of the following apply without regard to whether the notary public's employer or any other person has paid the fees and costs for the commissioning of the notary public, including costs for a stamping device or journal:
1. A notary public's stamping device, commission and any journal that contains only public record entries remain the property of the notary public.
2. A notary public may perform notarial acts outside the workplace of the notary's employer except during those times normally designated as the notary public's hours of duty for that employer. All fees received by a notary public for notarial services provided while not on duty remain the property of the notary public.
3. An employer of a notary public may not limit the notary public's services to customers or other persons designated by the employer.
H. This state or any political subdivision of this state may pay the fees and costs for the commissioning of a notary public who is an employee of this state or any political subdivision of this state and who performs notarial acts in the course of the notary public's employment or for the convenience of public employees.