Minnesota Notary cheat sheet

Applicant must be at least 18 years old, a Minnesota resident, and a citizen or lawful permanent resident of the United States.

Applicant must be able to read and write English.

An application is filed with the Minnesota Secretary of State, who administers notary commissions in Minnesota.

A nonrefundable application fee must accompany the application; the commission term is five years.

The applicant must take and pass a written examination on notary law before the commission is issued.

A surety bond of $25,000 (with the state as obligee) must be filed with the Secretary of State before commissioning.

The notary must file an oath of office and the bond; the commission is not effective until these filings are complete.

A person convicted of a felony must disclose it; certain convictions bar or delay commissioning.

Commission expires on January 31 of the fifth year after issuance, and reappointment requires a new application and bond.

A Minnesota notary may administer oaths and affirmations, take acknowledgments, take verifications on oath or affirmation, and certify copies of certain documents.

A notary may perform a notarial act only for a signer who personally appears before the notary at the time of the act.

A notary may not perform a notarial act if the notary is a party to the document or has a direct beneficial interest in the transaction.

A notary may certify copies of original documents but may not certify copies of public records, vital records, or documents whose copying is prohibited by law.

A notary may not notarize a signature on a document the notary knows is fraudulent or that the notary has reason to believe is forged.

A notary is not required to perform a notarial act; refusal is permitted, but a notary may not refuse on discriminatory grounds.

A notarial act must be evidenced by a certificate signed and dated by the notary, identifying the notary and the jurisdiction and containing the notary's signature.

A notary may not use the title 'notario publico' or any equivalent non-English title in advertising.

An acknowledgment certifies that the signer personally appeared, was identified, and acknowledged executing the document voluntarily for its stated purpose.

A jurat (verification on oath or affirmation) certifies the signer personally appeared, was identified, swore or affirmed the truth of the contents, and signed in the notary's presence.

A certificate must state the date of the notarial act, the notary's name and title, and the jurisdiction in which the act was performed.

The certificate must be signed by the notary and must include the notary's official stamp or seal impression.

The notary must complete the certificate at the time of the notarial act; blank or pre-signed certificates are prohibited.

A certificate wording must be in substantially the form prescribed by Minnesota law; the notary may not alter the substance of the prescribed forms.

For an acknowledgment, the signer need not sign in the notary's presence, but must personally appear and acknowledge the signature.

For a jurat, the signer must sign in the notary's presence and be administered the oath or affirmation.

The notary must identify the signer by satisfactory evidence: personal knowledge or a current government-issued photo ID.

Acceptable ID includes a passport, driver's license, state ID card, or military ID that is current or expired no more than a limited period.

The notary must record the type of ID and, where required, the ID number in the notary journal.

Personal appearance means the signer is physically present before the notary; appearance by video or telephone is not permitted for a Minnesota notarial act.

The notary must verify that the signer is the person named in the document and that the signer understands the nature of the act.

If the signer cannot produce satisfactory ID, the notary may rely on a credible witness who personally knows both the signer and the notary.

The notary must not rely on a signature comparison alone as satisfactory evidence of identity.

The notary must confirm the signer's willingness and competence; a signer who appears incapacitated cannot be notarized.

A Minnesota notary must obtain an official stamp or seal that includes the notary's name, the words 'Notary Public,' and the state of Minnesota.

The stamp or seal must be legible and must be applied to every notarial certificate.

The notary must keep a journal of notarial acts recording the date, the signer's name and address, the type of act, the ID used, and the document type.

The journal is the notary's property; it must be retained for a specified period and made available to the Secretary of State on request.

The notary must keep the official stamp and journal secure and must report loss or theft of the stamp to the Secretary of State.

A notary may not use a stamp that is not registered with the Secretary of State or that contains false information.

The notary must surrender the stamp and journal upon expiration, resignation, or revocation of the commission, as required by law.

Electronic notarial acts require an electronic stamp and an electronic journal meeting the same requirements as paper records.

A notary may not notarize a document in which the notary is named as a party or has a beneficial interest.

A notary may not charge a fee exceeding the statutory maximum for a notarial act.

A notary may not perform a notarial act for a family member if the notary would benefit from the transaction.

A notary may not use the notary commission to advertise legal services or give legal advice.

A notary may not notarize a blank document or a document with missing pages or incomplete information.

A notary may not delegate notarial authority or allow another person to use the notary's stamp.

A notary may not notarize a signature without the signer's personal appearance, even if the signer is known to the notary.

A notary may not accept compensation contingent on the outcome of the transaction documented.

A notary who violates notary law may be subject to civil liability for damages caused by the violation.

The Secretary of State may investigate complaints and may suspend or revoke a notary commission for misconduct.

A notary who performs a notarial act with intent to defraud may be subject to criminal penalties.

The surety bond provides a remedy for persons harmed by the notary's official misconduct, up to the bond amount.

A notary is not liable for a false statement in a document if the notary complied with identification and certificate requirements.

A notary must report a change of name or address to the Secretary of State within a specified period.

Failure to maintain the journal or stamp may result in disciplinary action and loss of the commission.

A person harmed by a notarial act may file a complaint with the Secretary of State and may pursue civil remedies.