CO Notary study materials
CO Notary study resources

CO Notary cheat sheet

CO Notary · Keep the key ideas within reach.

Quick reference

Powers and Duties of a Notary Public

  • A Colorado notary's commission runs four years; the term begins on the date the commission is issued by the Secretary of State and ends on the same date four years later.

  • A notary may perform notarial acts anywhere in Colorado, not only in the county where the notary resides or works; the commission is statewide.

  • Core notarial acts under RULONA: taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.

  • A notary may not perform a notarial act in which the notary has a disqualifying interest: the notary is a party to the transaction, is named as a beneficiary, or receives a direct financial or beneficial interest beyond the notary fee.

  • A notary may not notarize the notary's own signature, and may not certify a copy of a document that is a public record or a record filed with a court or government office.

  • A notary has no authority to determine the legal validity or enforceability of a document, to give legal advice, or to select the type of notarial certificate the signer should use.

  • A notary must perform a notarial act for a person who meets the identification and competence requirements; refusing solely on the basis of race, religion, national origin, sex, or disability is prohibited.

  • The notary fee in Colorado is capped at $15 per notarial act (statutory maximum), and a notary may charge travel fees separately if disclosed in advance.

  • A notary who is also an attorney may not notarize for a client in a matter where the attorney has a conflict; the notary capacity is separate from the legal representation.

Quick reference

Notarial Acts and Notarization Format Requirements

  • Every notarial act must be evidenced by a certificate of notarial act (the notarial certificate) that is signed and dated by the notary and states the notary's name, commission expiration date, and the jurisdiction in which the act was performed.

  • Certificate wording options: an acknowledgment uses 'acknowledged before me' language; a jurat (verification on oath or affirmation) uses 'subscribed and sworn to (or affirmed) before me' language.

  • A certificate of acknowledgment must identify the person whose signature is being acknowledged and state that the person appeared personally before the notary and acknowledged signing voluntarily for the stated purpose.

  • A jurat certificate must state that the signer appeared personally, that the notary administered an oath or affirmation, and that the signer swore or affirmed the truth of the contents.

  • For a signature-witnessing act, the certificate must state that the signature was affixed in the notary's presence (or, for a remote act, observed by the notary by communication technology).

  • A notarial certificate must be attached to or logically associated with the document; a loose certificate must clearly identify the document it relates to.

  • If the document lacks a certificate, the notary may add a certificate in the proper form, but must not draft legal language or choose substantive terms for the parties.

  • The notary's official signature on the certificate must match the signature on file with the Secretary of State; a stamp or seal alone is not a signature.

  • Dates on certificates must reflect the actual date the act was performed; backdating or postdating a notarial certificate is prohibited.

Quick reference

Notary Stamps and Journals

  • A Colorado notary must use an official stamp (ink stamp) that contains the notary's name exactly as commissioned, the words 'Notary Public,' the state 'State of Colorado,' and the commission expiration date.

  • The stamp may also include the notary's commission number and, if the notary is an attorney, the attorney identifier; the stamp must be legible and reproducible.

  • A notary's stamp is the notary's property; an employer may not retain the stamp upon termination of employment, and the notary must surrender or destroy the stamp when the commission ends.

  • The notary must keep a journal of notarial acts (record book) for each notarial act performed, whether paper or electronic, and retain it for the period required by the Secretary of State (commonly the length of the commission plus a set retention period).

  • Journal entries must record the date and time of the act, the type of act, the document title or description, the signer's name and address, the identification method and identifier, and the fee charged.

  • The journal is confidential; a notary may disclose a journal entry only to a party to the document, the Secretary of State, a law enforcement officer investigating a crime, or as required by subpoena or court order.

  • A notary must not record in the journal the signer's identification number in full if state law restricts it; record only the type of ID and the last four digits where required.

  • If the stamp is lost or stolen, the notary must notify the Secretary of State and law enforcement and stop performing notarial acts until a replacement stamp is obtained.

  • An electronic notary's stamp must be an electronic image meeting the same content requirements, and the notary must maintain the electronic journal in a tamper-evident format.

Quick reference

Revised Uniform Law on Notarial Acts (RULONA) Statutes and Rules

  • Colorado adopted RULONA effective July 1, 2018, codified primarily in C.R.S. Title 24, Article 21, Part 5 (the 'Revised Uniform Law on Notarial Acts').

  • RULONA defines 'notarial act' to include acknowledgments, oaths and affirmations, verifications on oath or affirmation, signature witnessing, copy certification, and protest noting.

  • Under RULONA, a notary must verify a signer's identity by personal knowledge or by a satisfactory identification document (government-issued photo ID) or, for remote acts, by identity proofing.

  • RULONA requires a notary to determine that the signer has the capacity to understand the nature of the act and is signing voluntarily; if not, the notary must refuse.

  • RULONA authorizes the Secretary of State to adopt rules on application, commission, stamps, journals, electronic notarization, and remote notarization, and to discipline notaries.

  • Grounds for discipline include fraud, misrepresentation, unauthorized practice of law, failure to maintain a journal, and performing a notarial act with a disqualifying interest.

  • RULONA recognizes notarial acts performed in other states and countries; a Colorado notary may rely on a certificate from another jurisdiction that complies with that jurisdiction's law.

  • The Secretary of State may issue a cease-and-desist order and impose civil penalties for uncommissioned notarial acts; the notary has a right to a hearing under the State Administrative Procedure Act.

  • RULONA requires the notary to provide a copy of the journal entry or certificate to a requesting party upon payment of the fee, subject to confidentiality limits.

Quick reference

Remote Notarization and Electronic Notarization

  • A Colorado notary may perform a remote notarial act using communication technology that allows real-time audio-video interaction between the notary and the signer, with the notary able to see and hear the signer and the signer able to see and hear the notary.

  • Remote notarization requires identity proofing: the notary must verify the signer's identity by personal knowledge, a government-issued photo ID viewed on camera, or a credential analysis and knowledge-based authentication process.

  • The notary must record the remote session or maintain a detailed journal entry, including the technology used, the identity verification method, and the date and time.

  • An electronic notarial certificate must be attached to or logically associated with the electronic document, and the notary's electronic signature and stamp must be applied in a tamper-evident manner.

  • The notary must use a technology provider that meets Secretary of State requirements for security, audit trails, and data retention; the notary remains responsible for compliance regardless of the provider.

  • A remote notarial act may be performed for a signer located outside Colorado if the act relates to a document for use in Colorado or the signer is physically located in a state that authorizes the act.

  • Electronic notarization requires the notary to register with the Secretary of State as an electronic notary before performing electronic notarial acts, and to use an approved electronic signature.

  • The notary must not perform a remote notarial act if the notary cannot clearly identify the signer or if the communication technology fails during the act; the act must be redone.

  • Remote notarization of wills, trusts, and certain real property documents may be subject to additional requirements; the notary must confirm the document type and applicable rules before proceeding.

Quick reference

Applying for, Renewing, and Updating a Commission

  • To apply for a Colorado notary commission, an applicant must be at least 18 years old, a legal resident of Colorado or have a principal place of business in Colorado, and not have been convicted of a disqualifying felony.

  • The application is filed with the Colorado Secretary of State, requires a completed application form, proof of identity, and a fee, and may require a notary education course and exam.

  • A commission is valid for four years; renewal may be filed before the expiration date, and a notary may continue to perform acts during a pending renewal if the application is timely filed.

  • A notary must update the Secretary of State within a set number of days (commonly 30) of a change of name, address, or employer, and must obtain a new stamp if the name changes.

  • A notary who changes their legal name must submit a name change request and a new signature sample; the old stamp must be destroyed and a new stamp obtained.

  • A notary who moves out of Colorado must notify the Secretary of State; the commission may be terminated if the notary no longer meets residency or business-location requirements.

  • A notary must surrender the commission and stamp upon resignation or revocation, and must stop performing notarial acts on the effective date of termination.

  • The Secretary of State may deny, suspend, or revoke a commission for misconduct, and the applicant or notary may request a hearing.

  • A notary must maintain a current signature on file; a signature that does not match the certificate may invalidate the notarial act.

Quick reference

Interpreters, Certificate of Fact, and Notary Program Services

  • When a signer does not speak English, the notary may use a qualified interpreter; the notary must be able to communicate directly with the signer or through the interpreter and must document the interpreter's name and the language used.

  • The interpreter must be physically present or, for remote acts, available by communication technology, and must be identified in the journal entry; the notary may not rely on a family member if the notary suspects coercion.

  • A certificate of fact is a notarial certificate stating that a specified fact is true based on the notary's personal knowledge or a sworn statement; it is distinct from an acknowledgment or jurat.

  • A notary may issue a certificate of fact only for facts the notary can verify; the notary must not certify the legal effect of a document or the truth of its contents beyond the signer's sworn statement.

  • The Colorado Secretary of State's notary program provides application processing, commission issuance, renewal, name and address changes, complaint intake, and public education.

  • The Secretary of State maintains a public notary database where a person can verify a notary's commission status, expiration date, and disciplinary history.

  • The notary program publishes forms and guidance, including sample certificates, journal templates, and remote notarization technology requirements.

  • A notary may request a certificate of good standing or commission verification from the Secretary of State for use in another jurisdiction.

  • Complaints about a notary are filed with the Secretary of State's notary program; the program may investigate, refer for hearing, and impose discipline.

Quick reference

Powers and Duties of a Notary Public

  • A Colorado notary's commission runs four years; the term begins on the date the commission is issued by the Secretary of State and ends on the same date four years later.

  • A notary may perform notarial acts anywhere in Colorado, not only in the county where the notary resides or works; the commission is statewide.

  • Core notarial acts under RULONA: taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.

  • A notary may not perform a notarial act in which the notary has a disqualifying interest: the notary is a party to the transaction, is named as a beneficiary, or receives a direct financial or beneficial interest beyond the notary fee.

  • A notary may not notarize the notary's own signature, and may not certify a copy of a document that is a public record or a record filed with a court or government office.

  • A notary has no authority to determine the legal validity or enforceability of a document, to give legal advice, or to select the type of notarial certificate the signer should use.

  • A notary must perform a notarial act for a person who meets the identification and competence requirements; refusing solely on the basis of race, religion, national origin, sex, or disability is prohibited.

  • The notary fee in Colorado is capped at $15 per notarial act (statutory maximum), and a notary may charge travel fees separately if disclosed in advance.

  • A notary who is also an attorney may not notarize for a client in a matter where the attorney has a conflict; the notary capacity is separate from the legal representation.

Quick reference

Notarial Acts and Notarization Format Requirements

  • Every notarial act must be evidenced by a certificate of notarial act (the notarial certificate) that is signed and dated by the notary and states the notary's name, commission expiration date, and the jurisdiction in which the act was performed.

  • Certificate wording options: an acknowledgment uses 'acknowledged before me' language; a jurat (verification on oath or affirmation) uses 'subscribed and sworn to (or affirmed) before me' language.

  • A certificate of acknowledgment must identify the person whose signature is being acknowledged and state that the person appeared personally before the notary and acknowledged signing voluntarily for the stated purpose.

  • A jurat certificate must state that the signer appeared personally, that the notary administered an oath or affirmation, and that the signer swore or affirmed the truth of the contents.

  • For a signature-witnessing act, the certificate must state that the signature was affixed in the notary's presence (or, for a remote act, observed by the notary by communication technology).

  • A notarial certificate must be attached to or logically associated with the document; a loose certificate must clearly identify the document it relates to.

  • If the document lacks a certificate, the notary may add a certificate in the proper form, but must not draft legal language or choose substantive terms for the parties.

  • The notary's official signature on the certificate must match the signature on file with the Secretary of State; a stamp or seal alone is not a signature.

  • Dates on certificates must reflect the actual date the act was performed; backdating or postdating a notarial certificate is prohibited.

Quick reference

Notary Stamps and Journals

  • A Colorado notary must use an official stamp (ink stamp) that contains the notary's name exactly as commissioned, the words 'Notary Public,' the state 'State of Colorado,' and the commission expiration date.

  • The stamp may also include the notary's commission number and, if the notary is an attorney, the attorney identifier; the stamp must be legible and reproducible.

  • A notary's stamp is the notary's property; an employer may not retain the stamp upon termination of employment, and the notary must surrender or destroy the stamp when the commission ends.

  • The notary must keep a journal of notarial acts (record book) for each notarial act performed, whether paper or electronic, and retain it for the period required by the Secretary of State (commonly the length of the commission plus a set retention period).

  • Journal entries must record the date and time of the act, the type of act, the document title or description, the signer's name and address, the identification method and identifier, and the fee charged.

  • The journal is confidential; a notary may disclose a journal entry only to a party to the document, the Secretary of State, a law enforcement officer investigating a crime, or as required by subpoena or court order.

  • A notary must not record in the journal the signer's identification number in full if state law restricts it; record only the type of ID and the last four digits where required.

  • If the stamp is lost or stolen, the notary must notify the Secretary of State and law enforcement and stop performing notarial acts until a replacement stamp is obtained.

  • An electronic notary's stamp must be an electronic image meeting the same content requirements, and the notary must maintain the electronic journal in a tamper-evident format.

Quick reference

Revised Uniform Law on Notarial Acts (RULONA) Statutes and Rules

  • Colorado adopted RULONA effective July 1, 2018, codified primarily in C.R.S. Title 24, Article 21, Part 5 (the 'Revised Uniform Law on Notarial Acts').

  • RULONA defines 'notarial act' to include acknowledgments, oaths and affirmations, verifications on oath or affirmation, signature witnessing, copy certification, and protest noting.

  • Under RULONA, a notary must verify a signer's identity by personal knowledge or by a satisfactory identification document (government-issued photo ID) or, for remote acts, by identity proofing.

  • RULONA requires a notary to determine that the signer has the capacity to understand the nature of the act and is signing voluntarily; if not, the notary must refuse.

  • RULONA authorizes the Secretary of State to adopt rules on application, commission, stamps, journals, electronic notarization, and remote notarization, and to discipline notaries.

  • Grounds for discipline include fraud, misrepresentation, unauthorized practice of law, failure to maintain a journal, and performing a notarial act with a disqualifying interest.

  • RULONA recognizes notarial acts performed in other states and countries; a Colorado notary may rely on a certificate from another jurisdiction that complies with that jurisdiction's law.

  • The Secretary of State may issue a cease-and-desist order and impose civil penalties for uncommissioned notarial acts; the notary has a right to a hearing under the State Administrative Procedure Act.

  • RULONA requires the notary to provide a copy of the journal entry or certificate to a requesting party upon payment of the fee, subject to confidentiality limits.

Quick reference

Remote Notarization and Electronic Notarization

  • A Colorado notary may perform a remote notarial act using communication technology that allows real-time audio-video interaction between the notary and the signer, with the notary able to see and hear the signer and the signer able to see and hear the notary.

  • Remote notarization requires identity proofing: the notary must verify the signer's identity by personal knowledge, a government-issued photo ID viewed on camera, or a credential analysis and knowledge-based authentication process.

  • The notary must record the remote session or maintain a detailed journal entry, including the technology used, the identity verification method, and the date and time.

  • An electronic notarial certificate must be attached to or logically associated with the electronic document, and the notary's electronic signature and stamp must be applied in a tamper-evident manner.

  • The notary must use a technology provider that meets Secretary of State requirements for security, audit trails, and data retention; the notary remains responsible for compliance regardless of the provider.

  • A remote notarial act may be performed for a signer located outside Colorado if the act relates to a document for use in Colorado or the signer is physically located in a state that authorizes the act.

  • Electronic notarization requires the notary to register with the Secretary of State as an electronic notary before performing electronic notarial acts, and to use an approved electronic signature.

  • The notary must not perform a remote notarial act if the notary cannot clearly identify the signer or if the communication technology fails during the act; the act must be redone.

  • Remote notarization of wills, trusts, and certain real property documents may be subject to additional requirements; the notary must confirm the document type and applicable rules before proceeding.

Quick reference

Applying for, Renewing, and Updating a Commission

  • To apply for a Colorado notary commission, an applicant must be at least 18 years old, a legal resident of Colorado or have a principal place of business in Colorado, and not have been convicted of a disqualifying felony.

  • The application is filed with the Colorado Secretary of State, requires a completed application form, proof of identity, and a fee, and may require a notary education course and exam.

  • A commission is valid for four years; renewal may be filed before the expiration date, and a notary may continue to perform acts during a pending renewal if the application is timely filed.

  • A notary must update the Secretary of State within a set number of days (commonly 30) of a change of name, address, or employer, and must obtain a new stamp if the name changes.

  • A notary who changes their legal name must submit a name change request and a new signature sample; the old stamp must be destroyed and a new stamp obtained.

  • A notary who moves out of Colorado must notify the Secretary of State; the commission may be terminated if the notary no longer meets residency or business-location requirements.

  • A notary must surrender the commission and stamp upon resignation or revocation, and must stop performing notarial acts on the effective date of termination.

  • The Secretary of State may deny, suspend, or revoke a commission for misconduct, and the applicant or notary may request a hearing.

  • A notary must maintain a current signature on file; a signature that does not match the certificate may invalidate the notarial act.

Quick reference

Interpreters, Certificate of Fact, and Notary Program Services

  • When a signer does not speak English, the notary may use a qualified interpreter; the notary must be able to communicate directly with the signer or through the interpreter and must document the interpreter's name and the language used.

  • The interpreter must be physically present or, for remote acts, available by communication technology, and must be identified in the journal entry; the notary may not rely on a family member if the notary suspects coercion.

  • A certificate of fact is a notarial certificate stating that a specified fact is true based on the notary's personal knowledge or a sworn statement; it is distinct from an acknowledgment or jurat.

  • A notary may issue a certificate of fact only for facts the notary can verify; the notary must not certify the legal effect of a document or the truth of its contents beyond the signer's sworn statement.

  • The Colorado Secretary of State's notary program provides application processing, commission issuance, renewal, name and address changes, complaint intake, and public education.

  • The Secretary of State maintains a public notary database where a person can verify a notary's commission status, expiration date, and disciplinary history.

  • The notary program publishes forms and guidance, including sample certificates, journal templates, and remote notarization technology requirements.

  • A notary may request a certificate of good standing or commission verification from the Secretary of State for use in another jurisdiction.

  • Complaints about a notary are filed with the Secretary of State's notary program; the program may investigate, refer for hearing, and impose discipline.

Quick reference

Notary Stamps and Journals

  • A Colorado notary must use an official stamp (ink stamp) that contains the notary's name exactly as commissioned, the words 'Notary Public,' the state 'State of Colorado,' and the commission expiration date.

  • The stamp may also include the notary's commission number and, if the notary is an attorney, the attorney identifier; the stamp must be legible and reproducible.

  • A notary's stamp is the notary's property; an employer may not retain the stamp upon termination of employment, and the notary must surrender or destroy the stamp when the commission ends.

  • The notary must keep a journal of notarial acts (record book) for each notarial act performed, whether paper or electronic, and retain it for the period required by the Secretary of State (commonly the length of the commission plus a set retention period).

  • Journal entries must record the date and time of the act, the type of act, the document title or description, the signer's name and address, the identification method and identifier, and the fee charged.

  • The journal is confidential; a notary may disclose a journal entry only to a party to the document, the Secretary of State, a law enforcement officer investigating a crime, or as required by subpoena or court order.

  • A notary must not record in the journal the signer's identification number in full if state law restricts it; record only the type of ID and the last four digits where required.

  • If the stamp is lost or stolen, the notary must notify the Secretary of State and law enforcement and stop performing notarial acts until a replacement stamp is obtained.

  • An electronic notary's stamp must be an electronic image meeting the same content requirements, and the notary must maintain the electronic journal in a tamper-evident format.

Quick reference

Applying for, Renewing, and Updating a Commission

  • To apply for a Colorado notary commission, an applicant must be at least 18 years old, a legal resident of Colorado or have a principal place of business in Colorado, and not have been convicted of a disqualifying felony.

  • The application is filed with the Colorado Secretary of State, requires a completed application form, proof of identity, and a fee, and may require a notary education course and exam.

  • A commission is valid for four years; renewal may be filed before the expiration date, and a notary may continue to perform acts during a pending renewal if the application is timely filed.

  • A notary must update the Secretary of State within a set number of days (commonly 30) of a change of name, address, or employer, and must obtain a new stamp if the name changes.

  • A notary who changes their legal name must submit a name change request and a new signature sample; the old stamp must be destroyed and a new stamp obtained.

  • A notary who moves out of Colorado must notify the Secretary of State; the commission may be terminated if the notary no longer meets residency or business-location requirements.

  • A notary must surrender the commission and stamp upon resignation or revocation, and must stop performing notarial acts on the effective date of termination.

  • The Secretary of State may deny, suspend, or revoke a commission for misconduct, and the applicant or notary may request a hearing.

  • A notary must maintain a current signature on file; a signature that does not match the certificate may invalidate the notarial act.

Quick reference

Notarial Acts and Notarization Format Requirements

  • Every notarial act must be evidenced by a certificate of notarial act (the notarial certificate) that is signed and dated by the notary and states the notary's name, commission expiration date, and the jurisdiction in which the act was performed.

  • Certificate wording options: an acknowledgment uses 'acknowledged before me' language; a jurat (verification on oath or affirmation) uses 'subscribed and sworn to (or affirmed) before me' language.

  • A certificate of acknowledgment must identify the person whose signature is being acknowledged and state that the person appeared personally before the notary and acknowledged signing voluntarily for the stated purpose.

  • A jurat certificate must state that the signer appeared personally, that the notary administered an oath or affirmation, and that the signer swore or affirmed the truth of the contents.

  • For a signature-witnessing act, the certificate must state that the signature was affixed in the notary's presence (or, for a remote act, observed by the notary by communication technology).

  • A notarial certificate must be attached to or logically associated with the document; a loose certificate must clearly identify the document it relates to.

  • If the document lacks a certificate, the notary may add a certificate in the proper form, but must not draft legal language or choose substantive terms for the parties.

  • The notary's official signature on the certificate must match the signature on file with the Secretary of State; a stamp or seal alone is not a signature.

  • Dates on certificates must reflect the actual date the act was performed; backdating or postdating a notarial certificate is prohibited.

Quick reference

Remote Notarization and Electronic Notarization

  • A Colorado notary may perform a remote notarial act using communication technology that allows real-time audio-video interaction between the notary and the signer, with the notary able to see and hear the signer and the signer able to see and hear the notary.

  • Remote notarization requires identity proofing: the notary must verify the signer's identity by personal knowledge, a government-issued photo ID viewed on camera, or a credential analysis and knowledge-based authentication process.

  • The notary must record the remote session or maintain a detailed journal entry, including the technology used, the identity verification method, and the date and time.

  • An electronic notarial certificate must be attached to or logically associated with the electronic document, and the notary's electronic signature and stamp must be applied in a tamper-evident manner.

  • The notary must use a technology provider that meets Secretary of State requirements for security, audit trails, and data retention; the notary remains responsible for compliance regardless of the provider.

  • A remote notarial act may be performed for a signer located outside Colorado if the act relates to a document for use in Colorado or the signer is physically located in a state that authorizes the act.

  • Electronic notarization requires the notary to register with the Secretary of State as an electronic notary before performing electronic notarial acts, and to use an approved electronic signature.

  • The notary must not perform a remote notarial act if the notary cannot clearly identify the signer or if the communication technology fails during the act; the act must be redone.

  • Remote notarization of wills, trusts, and certain real property documents may be subject to additional requirements; the notary must confirm the document type and applicable rules before proceeding.

Quick reference

Revised Uniform Law on Notarial Acts (RULONA) Statutes and Rules

  • Colorado adopted RULONA effective July 1, 2018, codified primarily in C.R.S. Title 24, Article 21, Part 5 (the 'Revised Uniform Law on Notarial Acts').

  • RULONA defines 'notarial act' to include acknowledgments, oaths and affirmations, verifications on oath or affirmation, signature witnessing, copy certification, and protest noting.

  • Under RULONA, a notary must verify a signer's identity by personal knowledge or by a satisfactory identification document (government-issued photo ID) or, for remote acts, by identity proofing.

  • RULONA requires a notary to determine that the signer has the capacity to understand the nature of the act and is signing voluntarily; if not, the notary must refuse.

  • RULONA authorizes the Secretary of State to adopt rules on application, commission, stamps, journals, electronic notarization, and remote notarization, and to discipline notaries.

  • Grounds for discipline include fraud, misrepresentation, unauthorized practice of law, failure to maintain a journal, and performing a notarial act with a disqualifying interest.

  • RULONA recognizes notarial acts performed in other states and countries; a Colorado notary may rely on a certificate from another jurisdiction that complies with that jurisdiction's law.

  • The Secretary of State may issue a cease-and-desist order and impose civil penalties for uncommissioned notarial acts; the notary has a right to a hearing under the State Administrative Procedure Act.

  • RULONA requires the notary to provide a copy of the journal entry or certificate to a requesting party upon payment of the fee, subject to confidentiality limits.

Quick reference

Interpreters, Certificate of Fact, and Notary Program Services

  • When a signer does not speak English, the notary may use a qualified interpreter; the notary must be able to communicate directly with the signer or through the interpreter and must document the interpreter's name and the language used.

  • The interpreter must be physically present or, for remote acts, available by communication technology, and must be identified in the journal entry; the notary may not rely on a family member if the notary suspects coercion.

  • A certificate of fact is a notarial certificate stating that a specified fact is true based on the notary's personal knowledge or a sworn statement; it is distinct from an acknowledgment or jurat.

  • A notary may issue a certificate of fact only for facts the notary can verify; the notary must not certify the legal effect of a document or the truth of its contents beyond the signer's sworn statement.

  • The Colorado Secretary of State's notary program provides application processing, commission issuance, renewal, name and address changes, complaint intake, and public education.

  • The Secretary of State maintains a public notary database where a person can verify a notary's commission status, expiration date, and disciplinary history.

  • The notary program publishes forms and guidance, including sample certificates, journal templates, and remote notarization technology requirements.

  • A notary may request a certificate of good standing or commission verification from the Secretary of State for use in another jurisdiction.

  • Complaints about a notary are filed with the Secretary of State's notary program; the program may investigate, refer for hearing, and impose discipline.

Quick reference

Powers and Duties of a Notary Public

  • A Colorado notary's commission runs four years; the term begins on the date the commission is issued by the Secretary of State and ends on the same date four years later.

  • A notary may perform notarial acts anywhere in Colorado, not only in the county where the notary resides or works; the commission is statewide.

  • Core notarial acts under RULONA: taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.

  • A notary may not perform a notarial act in which the notary has a disqualifying interest: the notary is a party to the transaction, is named as a beneficiary, or receives a direct financial or beneficial interest beyond the notary fee.

  • A notary may not notarize the notary's own signature, and may not certify a copy of a document that is a public record or a record filed with a court or government office.

  • A notary has no authority to determine the legal validity or enforceability of a document, to give legal advice, or to select the type of notarial certificate the signer should use.

  • A notary must perform a notarial act for a person who meets the identification and competence requirements; refusing solely on the basis of race, religion, national origin, sex, or disability is prohibited.

  • The notary fee in Colorado is capped at $15 per notarial act (statutory maximum), and a notary may charge travel fees separately if disclosed in advance.

  • A notary who is also an attorney may not notarize for a client in a matter where the attorney has a conflict; the notary capacity is separate from the legal representation.

Quick reference

Applying for, Renewing, and Updating a Commission

  • To apply for a Colorado notary commission, an applicant must be at least 18 years old, a legal resident of Colorado or have a principal place of business in Colorado, and not have been convicted of a disqualifying felony.

  • The application is filed with the Colorado Secretary of State, requires a completed application form, proof of identity, and a fee, and may require a notary education course and exam.

  • A commission is valid for four years; renewal may be filed before the expiration date, and a notary may continue to perform acts during a pending renewal if the application is timely filed.

  • A notary must update the Secretary of State within a set number of days (commonly 30) of a change of name, address, or employer, and must obtain a new stamp if the name changes.

  • A notary who changes their legal name must submit a name change request and a new signature sample; the old stamp must be destroyed and a new stamp obtained.

  • A notary who moves out of Colorado must notify the Secretary of State; the commission may be terminated if the notary no longer meets residency or business-location requirements.

  • A notary must surrender the commission and stamp upon resignation or revocation, and must stop performing notarial acts on the effective date of termination.

  • The Secretary of State may deny, suspend, or revoke a commission for misconduct, and the applicant or notary may request a hearing.

  • A notary must maintain a current signature on file; a signature that does not match the certificate may invalidate the notarial act.

Quick reference

Notary Stamps and Journals

  • A Colorado notary must use an official stamp (ink stamp) that contains the notary's name exactly as commissioned, the words 'Notary Public,' the state 'State of Colorado,' and the commission expiration date.

  • The stamp may also include the notary's commission number and, if the notary is an attorney, the attorney identifier; the stamp must be legible and reproducible.

  • A notary's stamp is the notary's property; an employer may not retain the stamp upon termination of employment, and the notary must surrender or destroy the stamp when the commission ends.

  • The notary must keep a journal of notarial acts (record book) for each notarial act performed, whether paper or electronic, and retain it for the period required by the Secretary of State (commonly the length of the commission plus a set retention period).

  • Journal entries must record the date and time of the act, the type of act, the document title or description, the signer's name and address, the identification method and identifier, and the fee charged.

  • The journal is confidential; a notary may disclose a journal entry only to a party to the document, the Secretary of State, a law enforcement officer investigating a crime, or as required by subpoena or court order.

  • A notary must not record in the journal the signer's identification number in full if state law restricts it; record only the type of ID and the last four digits where required.

  • If the stamp is lost or stolen, the notary must notify the Secretary of State and law enforcement and stop performing notarial acts until a replacement stamp is obtained.

  • An electronic notary's stamp must be an electronic image meeting the same content requirements, and the notary must maintain the electronic journal in a tamper-evident format.

Quick reference

Notarial Acts and Notarization Format Requirements

  • Every notarial act must be evidenced by a certificate of notarial act (the notarial certificate) that is signed and dated by the notary and states the notary's name, commission expiration date, and the jurisdiction in which the act was performed.

  • Certificate wording options: an acknowledgment uses 'acknowledged before me' language; a jurat (verification on oath or affirmation) uses 'subscribed and sworn to (or affirmed) before me' language.

  • A certificate of acknowledgment must identify the person whose signature is being acknowledged and state that the person appeared personally before the notary and acknowledged signing voluntarily for the stated purpose.

  • A jurat certificate must state that the signer appeared personally, that the notary administered an oath or affirmation, and that the signer swore or affirmed the truth of the contents.

  • For a signature-witnessing act, the certificate must state that the signature was affixed in the notary's presence (or, for a remote act, observed by the notary by communication technology).

  • A notarial certificate must be attached to or logically associated with the document; a loose certificate must clearly identify the document it relates to.

  • If the document lacks a certificate, the notary may add a certificate in the proper form, but must not draft legal language or choose substantive terms for the parties.

  • The notary's official signature on the certificate must match the signature on file with the Secretary of State; a stamp or seal alone is not a signature.

  • Dates on certificates must reflect the actual date the act was performed; backdating or postdating a notarial certificate is prohibited.

Quick reference

Remote Notarization and Electronic Notarization

  • A Colorado notary may perform a remote notarial act using communication technology that allows real-time audio-video interaction between the notary and the signer, with the notary able to see and hear the signer and the signer able to see and hear the notary.

  • Remote notarization requires identity proofing: the notary must verify the signer's identity by personal knowledge, a government-issued photo ID viewed on camera, or a credential analysis and knowledge-based authentication process.

  • The notary must record the remote session or maintain a detailed journal entry, including the technology used, the identity verification method, and the date and time.

  • An electronic notarial certificate must be attached to or logically associated with the electronic document, and the notary's electronic signature and stamp must be applied in a tamper-evident manner.

  • The notary must use a technology provider that meets Secretary of State requirements for security, audit trails, and data retention; the notary remains responsible for compliance regardless of the provider.

  • A remote notarial act may be performed for a signer located outside Colorado if the act relates to a document for use in Colorado or the signer is physically located in a state that authorizes the act.

  • Electronic notarization requires the notary to register with the Secretary of State as an electronic notary before performing electronic notarial acts, and to use an approved electronic signature.

  • The notary must not perform a remote notarial act if the notary cannot clearly identify the signer or if the communication technology fails during the act; the act must be redone.

  • Remote notarization of wills, trusts, and certain real property documents may be subject to additional requirements; the notary must confirm the document type and applicable rules before proceeding.

Quick reference

Revised Uniform Law on Notarial Acts (RULONA) Statutes and Rules

  • Colorado adopted RULONA effective July 1, 2018, codified primarily in C.R.S. Title 24, Article 21, Part 5 (the 'Revised Uniform Law on Notarial Acts').

  • RULONA defines 'notarial act' to include acknowledgments, oaths and affirmations, verifications on oath or affirmation, signature witnessing, copy certification, and protest noting.

  • Under RULONA, a notary must verify a signer's identity by personal knowledge or by a satisfactory identification document (government-issued photo ID) or, for remote acts, by identity proofing.

  • RULONA requires a notary to determine that the signer has the capacity to understand the nature of the act and is signing voluntarily; if not, the notary must refuse.

  • RULONA authorizes the Secretary of State to adopt rules on application, commission, stamps, journals, electronic notarization, and remote notarization, and to discipline notaries.

  • Grounds for discipline include fraud, misrepresentation, unauthorized practice of law, failure to maintain a journal, and performing a notarial act with a disqualifying interest.

  • RULONA recognizes notarial acts performed in other states and countries; a Colorado notary may rely on a certificate from another jurisdiction that complies with that jurisdiction's law.

  • The Secretary of State may issue a cease-and-desist order and impose civil penalties for uncommissioned notarial acts; the notary has a right to a hearing under the State Administrative Procedure Act.

  • RULONA requires the notary to provide a copy of the journal entry or certificate to a requesting party upon payment of the fee, subject to confidentiality limits.

Quick reference

Interpreters, Certificate of Fact, and Notary Program Services

  • When a signer does not speak English, the notary may use a qualified interpreter; the notary must be able to communicate directly with the signer or through the interpreter and must document the interpreter's name and the language used.

  • The interpreter must be physically present or, for remote acts, available by communication technology, and must be identified in the journal entry; the notary may not rely on a family member if the notary suspects coercion.

  • A certificate of fact is a notarial certificate stating that a specified fact is true based on the notary's personal knowledge or a sworn statement; it is distinct from an acknowledgment or jurat.

  • A notary may issue a certificate of fact only for facts the notary can verify; the notary must not certify the legal effect of a document or the truth of its contents beyond the signer's sworn statement.

  • The Colorado Secretary of State's notary program provides application processing, commission issuance, renewal, name and address changes, complaint intake, and public education.

  • The Secretary of State maintains a public notary database where a person can verify a notary's commission status, expiration date, and disciplinary history.

  • The notary program publishes forms and guidance, including sample certificates, journal templates, and remote notarization technology requirements.

  • A notary may request a certificate of good standing or commission verification from the Secretary of State for use in another jurisdiction.

  • Complaints about a notary are filed with the Secretary of State's notary program; the program may investigate, refer for hearing, and impose discipline.