AffectsAmends Alaska Statutes 09.63.010, 09.63.030, 09.63.040, 09.63.090, 09.63.100, 44.19.024, 44.50.060; repeals and reenacts AS 44.50.010; 44.50.020; adds new sections 44.50.032, 44.50.033, 44.50.034, 44.50.035, 44.50.036, 44.50.037, 44.50.038, 44.50.039, 44.50.061, 44.50.062, 44.50.063, 44.50.064, 44.50.065, 44.50.066, 44.50.067, 44.50.068, 44.50.071, 44.50.072, 44.50.073, 44.50.200; repeals 44.50.030, 44.50.040, 44.50.070, 44.50.080, 44.50.090, 44.50.100, 44.50.110, 44.50.120, 44.50.130, 44.50.140, 44.50.170, 44.50.180(c), and 44.50.190
AnalysisAlaska comprehensively revises its Notary Public statutes. This comprehensive new law is noteworthy in a number of important respects. It institutes tougher qualifications standards for applicants, adds clear identification standards for Notaries, outlines professional and ethical standards for performing notarial acts, empowers the Lieutenant Governor with disciplinary authority, authorizes Notaries to use electronic signatures and seals, and tasks the Lieutenant Governor with issuing regulations to govern the electronic acts of Notaries. Noticeably absent, however, is a formal journal requirement. Notwithstanding this omission, there is a lot to like about this new law. In particular, the fact that a number of sections in HB 97 are inspired by the NNAs Model Notary Act of 2002, the emphasis on the need to give Notaries a clear permission to use electronic signatures and seals, and the rule-making power it vests in the Lieutenant Governor, are important developments that are consistent with the NNA’s standards.
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