Course Overview • What is a Notary? Colorado Notary Public Course • How to Become a Notary • The Notary’s Toolbox Aardvark Notary Training aardvarknotarytraining.com • Notary Public Powers info@aardvarknotarytraining.com • Misconduct and Liability • Administrative Requirements 1 2 Sources For This Presentation � Colorado Notary Public Law � Colorado Notary Handbook What is a Notary? � Model Notary Act � Colorado Secretary of State Website � RULONA - Revised Uniform Law on Notarial Acts � Best Practices 3 4
What is a Notary Public? Why Do We Need Notaries? � To help to prevent fraud; not all people are honest. � A Quasi-Public Official. � Through the application process, the Notary Public is appointed by the � 32% of perpetrators of fraud were family members or relatives. Secretary of State. � 18% were friends, neighbors, or in-home employees. � Has been granted specific powers by law. � A common target for fraud is the elderly. � Serves the people of Colorado, but only in Colorado. � The Colorado Secretary of State and Attorney General have made fraud a � An unbiased verifier and authenticator high priority. � A disinterested observer of transactions. � Especially wills, powers of attorney, real property instruments (quit claim � An impartial third party. deeds). 5 6 How do Notaries Prevent Fraud? Ethical Responsibilities � As public servants, notaries are encouraged to provide a notarization for anyone who makes � Signatures authenticate important items (Land transfers, parenting plans, etc.) a lawful and reasonable request. � Notaries verify and authenticate signatures and documents. � The Notaries Public Act does not prohibit notaries from refusing to notarize. � Ensures that certain minimum standards are met when a document is signed. � Notaries who hold themselves out to the public may also be subject to other laws prohibiting discrimination. � Ensures that the signer is a willing participant. � Check with your employer or legal counsel if you have questions about your obligations to the public. � Ensures that the identity of the person that signs a document has been verified. � Complaints alleging discrimination by notaries are referred to the Civil Rights Commission. � Notaries are persons of integrity. � Best Practice: If you refuse a request to notarize, record the event in your journal, including � Not convicted of felonies or recent misdemeanors involving dishonesty. the reason why. 7 8
Application Requirements How to Become a Residence and Colorado Notary Read and Write the At least 18 Years Old Business Address in English Language Colorado Public No felony convictions; Never Had a Notary no misdemeanors Colorado Resident Commission Revoked involving dishonesty in previous 5 years 9 10 Lawful Presence Lawful Presence Acceptable Identification Colorado U.S. Military U.S. Merchant Drivers or Dependent � The government cannot grant benefits or issue business or Mariner Card professional licenses to those in the United States illegally. License or ID ID Card � Acceptable photo identification proving lawful presence is required. Native � A clear photocopy must be submitted with your notary application. American U.S. Passport Tribal ID � Your application will also include your business and home addresses in Colorado. 11 12
Lawful Presence Affirmation Steps to Apply Attend Authorized Training Course � Oath under penalty of perjury that the applicant is: � A citizen of the United States, or Pass State Exam � A permanent resident of the United States, or Complete and Print Online Application � Lawfully present under federal law. Have Signature Notarized and Submit Online � If not a U.S. citizen, a copy of the Permanent Resident card or other documentation must be provided along with the application. 13 14 Application Facts Common Rejection Reasons � The Secretary of State receives over 1,500 applications every month. � These include both new applicants and applications for reappointment. � Incomplete or inaccurate application form � A Notary Public commission lasts for four years. � Carefully enter your information online � Commissions can be renewed. � Affirmation form is not notarized properly � The commission should be renewed within 90 days before it expires. � About 20% of these applications are rejected. � Applicant does not meet the requirements (i.e. convicted of a felony) � As part of your application, you will swear under penalty of perjury that you have read the notary law of Colorado. 15 16
Online Applications Only Items to Submit Online � Online applications are less expensive and processed faster Original, signed, notarized application form � New applicants are registered for online access upon payment of the Clear photocopy of an acceptable form of ID (front and application fee back) � Renewing and expired applicants must first register for online access Training certificate (for new notaries and renewals before renewing the notary commission expired for more than 30 days) � You should use a personal email address State exam certificate (for new notaries and renewals expired for more than 30 days) � Work emails over-filter spam � If you change jobs you’ll still have access 17 18 Signature � The signature that you use on your affirmation form will become your official notary signature. Affirmation Form � You must sign this way consistently in all notarizations. � Your notarizations may be compared with your official signature will if any issues come up. � The name on your ID must match the name on your application, even if you sign using your initials. 19 20
Required Items � Notarial certificate � Notary seal The Notary’s Toolbox � Notary journal Required Items � Physical presence � Satisfactory evidence � No disqualifying interest 21 22 Notarial Certificate Notary Seal � You must always use a complete notarial certificate � A rectangular rubber ink stamp � Includes: � Must contain within the border � Accurate who, what, when, where (i.e., no pre- or post-dating) � Notary’s official name � Notary seal � The words “Notary Public” � Notary’s official signature � The words “State of Colorado” � Commission expiration date � The Notary’s 11-digit ID number � Best practice is to include the title of the document you are notarizing � The Notary’s commission expiration � Examples will be provided later date 23 24
Notary Seal Concerns Incorrect Seals � Name misspelled or does not match official name on record with the Secretary of State � Omits one of required items or has expiration date outside the border � Commission expiration date or ID number incorrect � Seal stamped over signatures � Seal is smeared or obscured � Lost seals must be reported to the Secretary of State. � The notary owns the seal 25 26 More Incorrect Seals Is This Seal Okay? 27 28
Notary Journal The Exception Puts You At Risk! � A notary journal is required for all notarizations � Exception: If the notary’s firm or employer, in the regular course of business, keeps the documents or copies of them, the notary is not required to make a journal entry. � The notary becomes liable for documents that are misfiled, lost, � Protects against unfounded complaints destroyed or otherwise unrecoverable � Provides evidence in the event of a lawsuit � Should the notary leave their place of business, they remain responsible for obtaining or retaining all documents for which they � The Secretary of State may ask for the journal to verify transactions. If the journal is not produced, the notary may be found personally liable. have performed a notarial act. � The Notary owns the journal. � Lost journals must be reported to the Secretary of State. 29 30 Notary Journal Required Elements Notary Journal Optional Best Practices � It must contain for each notarial act � Type of notarial act � Include in the Journal: � Date of notarial act � Type of Identification (not number) � Title or type of document being notarized � Thumbprint of signer � Name, address, and signature of person signing � Customer should sign Journal first. � Name, address, and signature of each witness 31 32
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