Minnesota Notary flashcards

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

Minnesota notary minimum age

An applicant for a Minnesota notary commission must be at least 18 years old and a Minnesota resident who can read and write English.

Notary commission term

A Minnesota notary commission is valid for five years and expires on January 31 of the fifth year after issuance unless renewed.

Surety bond amount

A Minnesota notary applicant must file a $25,000 surety bond with the Secretary of State before the commission becomes effective.

Notary application filing

The application, fee, bond, and oath of office are filed with the Minnesota Secretary of State, who issues the commission.

Notary examination requirement

Before being commissioned, a Minnesota notary applicant must pass a written examination covering notary duties and state law.

Felony disclosure

A felony conviction must be disclosed on the application and may disqualify or delay commissioning depending on the offense.

Reappointment process

Reappointment requires a new application, fee, bond, and oath; the commission does not renew automatically.

Powers of a notary

A Minnesota notary may administer oaths, take acknowledgments, take verifications, and certify copies of certain original documents.

Personal appearance requirement

A notary may perform a notarial act only when the signer is physically present before the notary at the time of the act.

Party disqualification

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

Copy certification limits

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

Notario publico restriction

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

Refusal to notarize

A notary may decline to perform a notarial act but may not refuse on discriminatory grounds or for improper reasons.

Acknowledgment defined

An acknowledgment certifies the signer personally appeared, was identified, and acknowledged executing the document voluntarily.

Jurat defined

A jurat certifies the signer personally appeared, was identified, signed in the notary's presence, and swore to the truth of the contents.

Certificate contents

A notarial certificate must state the date, the notary's name and title, the jurisdiction, the notary's signature, and the stamp impression.

Timing of certificate

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

Acknowledgment signing rule

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

Jurat signing rule

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

Satisfactory evidence of identity

A notary identifies a signer by personal knowledge or a current government-issued photo ID such as a passport or driver's license.

Credible witness identification

If a signer lacks satisfactory ID, a credible witness who personally knows both signer and notary may provide identification.

Remote appearance prohibited

Minnesota notarial acts require physical presence; appearance by video or telephone is not sufficient for a valid act.

ID recording duty

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

Signer competence check

The notary must confirm the signer understands the act and is willing; an incapacitated signer cannot be notarized.

Official stamp contents

The stamp or seal must show the notary's name, the words Notary Public, and the state of Minnesota, and be legible.

Notary journal contents

The journal records the date, signer name and address, type of act, ID used, and document type for each notarial act.

Journal ownership

The notary journal is the notary's property, must be retained for the required period, and is subject to state inspection.

Lost stamp reporting

Loss or theft of the official stamp must be reported to the Secretary of State, and a replacement obtained before further acts.

Electronic notarial records

Electronic notarial acts require an electronic stamp and journal that meet the same content and retention rules as paper records.

Fee limits

A notary may not charge more than the statutory maximum fee for a notarial act and may not accept contingent compensation.

Unauthorized practice of law

A notary may not give legal advice or advertise legal services based on the notary commission.

Blank document prohibition

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