Notary Qualifications, Application, and Commissioning Process
Where the commission comes from
A Minnesota notary commission is issued by the Secretary of State, not by a court or county office. The standard term is five years, and the application requires the statutory fee ($120) plus a $25,000 surety bond filed with the state before the commission issues. Applicants must be at least 18, able to read and write English, and satisfy the residency or Minnesota-place-of-business requirement in Minn. Stat. ch. 358. Think of the sequence as: application and fee, bond, oath, commission, official stamp.
What the exam tests
Expect questions on the order of events and on what a pending or lapsed commission does to a notarial act. Authority begins only when the state issues the commission. A notary must not perform an act while an application is pending, after the expiration date printed on the stamp, or after resignation. Renewal is not automatic: the notary must reapply and pay the fee before expiration.
Worked example
Dana mails her application and bond on March 1. A friend asks her to notarize a deed on March 10, before the commission certificate arrives. Dana must decline. She holds no commission yet, so signing and stamping would be an unauthorized act even though her paperwork is "in process." She may act only after the commission issues and she has the required stamp.
Traps
- Treating the application date, bond date, or oath date as the start of authority.
- Assuming the bond is insurance for the notary; it protects the public.
- Continuing to use an old stamp after the five-year term ends.
- Performing acts in another state on the theory that a Minnesota commission travels with you.