Requirements for certain notarial acts.

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(1) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.

  1. A notarial officer who takes a verification of a statement on oath or affirmation shalldetermine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.

  2. A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.

  3. (a) A notarial officer who certifies a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item.

(b) A notarial officer shall not certify a copy of a record that can be obtained from any of the following offices in this state:

  1. A clerk and recorder of public documents;

  2. The secretary of state;(III) The state archives; or (IV) An office of vital records.

(c) A notarial officer shall not certify a copy of a record if the record states on its face that it is illegal to copy the record.

(5) (a) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section 4-3-505 (b) of the "Uniform Commercial Code".

(b) A notary public shall not make or note a protest of a negotiable instrument unless the notary is an employee of a financial institution acting in the course and scope of the notary's employment with the financial institution.

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


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