CO Notary flashcards

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

Notary commission term

In Colorado a notary commission lasts four years, running from the issuance date to the same date four years later.

Statewide notarial authority

A Colorado notary may perform notarial acts anywhere in the state, not only in the county of residence or employment.

Disqualifying interest

A notary may not notarize a transaction in which the notary is a party, a named beneficiary, or receives a direct financial benefit beyond the fee.

Self-notarization prohibition

A notary may not notarize the notary's own signature, nor certify a copy of a public record or court-filed document.

Notary fee cap

Colorado law caps the fee a notary may charge per notarial act at fifteen dollars; travel fees may be charged separately if disclosed.

Acknowledgment certificate

An acknowledgment certificate states the signer appeared personally, was identified, and acknowledged signing voluntarily for the stated purpose.

Jurat certificate

A jurat states the signer appeared personally, the notary administered an oath or affirmation, and the signer swore to the truth of the contents.

Certificate contents

A notarial certificate must be signed and dated by the notary and state the notary's name, commission expiration date, and the jurisdiction of the act.

Loose certificate rule

A certificate not physically attached to the document must clearly identify the document to which it relates.

Backdating prohibition

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

Official stamp contents

The stamp must show the notary's commissioned name, the words Notary Public, State of Colorado, and the commission expiration date.

Stamp ownership

The notary's stamp is the notary's personal property; an employer may not keep it when employment ends, and it must be destroyed at commission end.

Journal required entries

Each journal entry records the date and time, type of act, document description, signer name and address, identification method, and fee charged.

Journal confidentiality

A notary may disclose journal entries only to a party to the document, the Secretary of State, law enforcement, or as required by subpoena or court order.

Lost or stolen stamp

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

RULONA codification

Colorado's Revised Uniform Law on Notarial Acts took effect July 1, 2018, and is codified mainly in C.R.S. Title 24, Article 21, Part 5.

RULONA notarial acts

RULONA lists acknowledgments, oaths and affirmations, verifications, signature witnessing, copy certification, and protest noting as notarial acts.

Identity verification duty

A notary must verify the signer by personal knowledge or a satisfactory government-issued photo identification, or by identity proofing for remote acts.

Capacity and voluntariness

A notary must confirm the signer understands the nature of the act and signs voluntarily; if not, the notary must refuse to perform the act.

Grounds for discipline

Fraud, misrepresentation, unauthorized practice of law, failure to keep a journal, and acting with a disqualifying interest are grounds for discipline.

Remote notarization technology

Remote acts require real-time audio-video communication letting the notary see and hear the signer and the signer see and hear the notary.

Remote identity proofing

For remote acts the notary verifies identity by personal knowledge, a photo ID viewed on camera, or credential analysis with knowledge-based authentication.

Electronic notary registration

A notary must register with the Secretary of State as an electronic notary and use an approved electronic signature before performing electronic notarial acts.

Tamper-evident certificate

An electronic notarial certificate must be attached to or logically associated with the document and applied in a tamper-evident manner.

Technology failure

If the notary cannot clearly identify the signer or the communication technology fails during a remote act, the act must be redone.

Eligibility to apply

An applicant must be at least eighteen, a Colorado resident or have a principal place of business in Colorado, and free of disqualifying felony convictions.

Renewal timing

A notary may file for renewal before the commission expires; a timely renewal application allows continued performance while the application is pending.

Change of name

A notary who changes legal name must file a name change with the Secretary of State, submit a new signature, and obtain a new stamp.

Change of address

A notary must notify the Secretary of State within the required period after a change of address, employer, or name.

Surrender on termination

When a commission ends by resignation or revocation, the notary must stop performing notarial acts and surrender or destroy the stamp.

Interpreter documentation

When an interpreter is used, the notary must be able to communicate with the signer and record the interpreter's name and language in the journal.

Certificate of fact

A certificate of fact is a notarial certificate stating a specified fact is true based on the notary's knowledge or a sworn statement; it is not an acknowledgment.

Notary program services

The Secretary of State's notary program processes applications, renewals, name and address changes, complaints, and public notary verification.