Authority to perform notarial act.

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(1) A notarial officer may perform a notarial act authorized by this part 5 or by law of this state other than this part 5.

(2) A notarial officer shall not perform a notarial act with respect to a record in which the officer has a disqualifying interest. For the purposes of this section, a notarial officer has a disqualifying interest in a record if:

  1. The officer or the officer's spouse, partner in a civil union, ancestor, descendent, orsibling is a party to or is named in the record that is to be notarized; or

  2. The officer or the officer's spouse or partner in a civil union may receive directly,and as a proximate result of the notarization, any advantage, right, title, interest, cash, or property exceeding in value the sum of any fee properly received in accordance with this part 5.

(3) A notarial act performed in violation of this section is voidable.

Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 789, § 2, effective July 1, 2018.


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