(1) A notarial act must be evidenced by a certificate. The certificate must:
Be executed contemporaneously with the performance of the notarial act;
Be signed and dated by the notarial officer and, if the notarial officer is a notarypublic, be signed in the same manner as on file with the secretary of state;
Identify the county and state in which the notarial act is performed;
Contain the title of office of the notarial officer; and
If the notarial officer is a notary public, indicate the date of expiration of the officer'scommission.
If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsections (1)(b), (1)(c), and (1)(d) of this section, an official stamp may be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsections (1)(b), (1)(c), and (1)(d) of this section, an official stamp may be attached to or logically associated with the certificate.
A certificate of a notarial act is sufficient if it meets the requirements of subsections
(1) and (2) of this section and:
Is in a short form set forth in section 24-21-516;
Is in a form otherwise permitted by the law of this state;
Is in a form permitted by the law applicable in the jurisdiction in which the notarialact was performed; or
[Editor's note: This version of subsection (3)(d) is effective until December 31, 2020.] Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in sections 24-21-505, 24-21-506, and 24-21-507 or law of this state other than this part 5.
(d) [Editor's note: This version of subsection (3)(d) is effective December 31, 2020.] Sets forth actions of the notarial officer that are sufficient to meet the requirements of the notarial act as provided in sections 24-21-505, 24-21-506, and 24-21-507 and, if applicable, section 24-21-514.5 or law of this state other than this part 5.
(4) [Editor's note: This version of subsection (4) is effective until December 31, 2020.] By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in sections 24-21-504, 24-21-505, and 24-21-506.
[Editor's note: This version of subsection (4) is effective December 31, 2020.] By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in sections 24-21-504, 24-21-505, and 24-21-506 and, if applicable, section 24-21-514.5.
A notarial officer shall not affix the officer's signature to, or logically associate itwith, a certificate until the notarial act has been performed.
If a notarial act is performed regarding a tangible record, a certificate must be part of,or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the secretary of state has established standards pursuant to section 24-21-527 for attaching, affixing, or logically associating the certificate, the process must conform to the standards.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 794, § 2, effective July 1, 2018. L. 2020: (3)(d) and (4) amended, (SB 20-096), ch. 130, p. 565, § 5, effective December 31.
Editor's note: Section 10(1)(b) of chapter 130 (SB 20-096), Session Laws of Colorado 2020, provides that the act changing this section applies to conduct occurring on or after March 30, 2020.
Cross references: For the legislative declaration in SB 20-096, see section 1 of chapter 130, Session Laws of Colorado 2020.