New Notary Rules Clarified

In a conversation today with the Colorado Secretary of State, Notary Division, a few rumors and misconceptions were clarified, in regards to the Colorado Notary Law changes which took effect August 8, 2012.

 

Effective immediately the use of a Notary Journal is mandatory, whether or not you, your company, your law firm or the clerk of the court maintain a copy of the notarized document.

 

  • JOURNAL REQUIREMENTS – A journal book will be required to contain the type and date of the notarial act, the title or type of document being notarized, the name, address and signature of the person signing, and the name, address, and signature of each witness to the notarization. You may voluntarily maintain a copy of notarized documents as a backup, should your notary journal be lost or stolen.
  • There is no way to correct the issue of not maintaining a Notary Journal since August 8, 2012. However the use of a Journal sooner rather than later will be taken into consideration, should you be audited by the Notary Division.
  • Seal Standards – The notary seal standards have changed. Renewing/new notaries will be required to obtain and use a seal that conforms to new standards.  The new seal standards require:
    • A rectangle rubber ink stamp.
    • The stamp must contain within the outline, the notary’s printed legal name, the words “Notary Public,” the words “State of Colorado,” the notary’s 11-digit ID number, and the notary’s commission expiration date.
  • Currently commissioned notaries – May continue using seals obtained before August 8, 2012 until renewal of their commission. For those who are eligible to continue using their current notary seal, there is no requirement to print your 11 digit ID. However you may do so voluntarily

Link to Colorado Revised Statutes, Title 12, Article 55, Notary Public

Steven D. Glenn

President, Process Servers Association of Colorado

Director, National Association of Professional Process Servers

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