Renewal, Name Change, and the Old Seal
Tom is a Colorado notary whose four-year commission expired on April 30. He applied for renewal on April 15 and paid the fee and bond, but the Secretary of State has not yet issued the new commission. On May 6, a neighbor asks Tom to notarize a signature on a vehicle title transfer. Tom uses his old stamp, which shows the April 30 expiration date, and writes the date as May 6. He tells the neighbor, I'm still bonded, so it's fine. The neighbor mails the title to the county. On May 12, Tom receives notice that his renewal is pending because his name on the application does not match his driver's license; he recently started using Thomas instead of Tom. Tom also moved in March and did not update his address with the program.
1. Was the May 6 notarization valid? Explain the effect of the expired commission and the pending renewal.
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No. A notary's authority comes from a current commission, not from a bond or a pending renewal. Tom's commission expired on April 30, so he was not authorized to perform the May 6 act. The fact that he applied before expiration does not extend his authority until the new commission is issued. Using a stamp that shows an expired date and then dating the act May 6 makes the defect obvious. The notarization is invalid, and the county may reject the title or require a corrected one. Tom should not argue that the bond protects the act; the bond is financial security, not a license. The neighbor should not rely on the May 6 certificate.
2. What updates was Tom required to make, and how do the name and address issues affect his renewal?
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Tom needed to renew before expiration and to keep his application consistent with his legal identity. If he legally changed his name to Thomas, he needed to update his commission record and use a stamp that matches the new commission; he cannot simply use a nickname on an application when his driver's license says something else. He also needed to notify the program of his address change promptly. The mismatch and the stale address can delay or block renewal because the program must verify identity and reach him. He should correct the application with his legal name, provide proof if required, update his address, and wait for the new commission before performing any notarial act.
3. What should Tom do now to address the title transfer and his commission status?
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He should tell the neighbor immediately that the May 6 notarization is invalid and that the title needs a new notarization before a currently commissioned notary. He should not backdate or alter the old certificate. He should preserve his journal, the old stamp, and the renewal records. He should contact the Colorado Notary Program, explain the expired-commission act, correct his name and address, and ask what remediation the program requires. He should stop notarizing until the new commission is issued. If the title has already been recorded, the neighbor should contact the county clerk about a corrected title or new documents. Tom may also face discipline or civil liability, so documenting the facts honestly is important.