CO Notary Program Rules 2018 | NNA
Rule

CO Notary Program Rules 2018

Notary Law Update: CO Notary Program Rules 2018

State: Colorado

Summary:

The Colorado Secretary of State has published new Notary rules implementing the Revised Uniform Law on Notarial Acts that take effect July 1, 2018.

Signed:  May 10, 2018

Effective:  July 01, 2018

Chapter: N/A

Affects:

Adds, repeals and amends rules in 8 CCR 1505-11.

Changes:
  1. Defines "legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty, or deceit" as the term appears in CRS 24-21-523(1)(d).
  2. Defines "misdemeanor involving dishonesty" as the term appears in CRS 24-21-523(1)(c).
  3. Requires a new applicant for a Notary commission to successfully complete a training course and pass the examination administered by the Secretary of State no more than 90 days before applying for a commission.
  4. Requires a Notary renewing a commission to successfully complete a training course and pass the Notary examination administered by the Secretary of State not more than 90 days before renewal.
  5. Clarifies that a Notary who performs a notarial act on an electronic record may choose to either use a document authentication number (DAN)  as the Notary’s electronic signature or adopt a different electronic signature which the Notary must always use in conjunction with a DAN.
  6. Repeals the prior rule requiring a Notary to include his or her identification number in an electronic notarization.
  7. Repeals the prior rule stating that a Notary's name means the Notary's printed legal name.
  8. Provides that the Secretary of State's approval to notarize electronically that is granted to a Notary automatically expires upon conviction of a misdemeanor involving dishonesty or when the Notary no longer has a place of employment or practice, or a residential address in the state of Colorado.
  9. Clarifies that a course provider applicant must attend an in-person or online training provided by the Secretary of State.
  10. Requires a vendor submitting a course for reapproval by the Secretary of State to submit a detailed curriculum, and copies of any course handout materials, workbooks and tests, in addition to the required form and fee.
  11. Requires approved vendors and course providers to submit notice of revised training and copies of the revisions to the Secretary of State for review and approval in a format that satisfies Rule 3.4, before offering the revised training to the public.
  12. Provides that if a current or former Notary leaves the Notary journal with the Notary’s firm or employer as authorized by CRS 24-21-519(10)(a), the Notary must notify the Secretary of State by electronically submitting the required form.
  13. Provides that a firm or employer in possession of a Notary’s journal has the same responsibility as a Notary to (a) keep the journal secure as detailed in CRS 24-21-519(4); (b) provide a copy of a requested transaction to a member of the public as CRS 24-21-519(5) requires, but without certifying the copy or charging a Notary fee; (c) provide the journal to the Secretary of State for auditing or inspection without restriction as CRS 24-21-519(6) requires; (d) provide the journal to a certified peace officer as CRS 24-21-519(7) requires; and (e) notify the Secretary of State if the journal is lost or stolen as CRS 24-11 21519(8) requires.
  14. Allows a firm or employer in possession of a Notary’s journal to (a) retain the journal indefinitely, or (b) transmit the journal to the Colorado State Archives and notify the Secretary of State as required under CRS 24-21-519(10)(a)(i) and (b).
  15. Makes technical, non-substantive changes.
Analysis:

Ahead of July 1, 2018, when the new Colorado Revised Uniform Law on Notarial Acts takes effect, the Colorado Secretary of State has revised its Notary program rules. Revisions leave in place most of the existing rules. Among the most important changes are (1) a new requirement for Notaries renewing their commissions to take an educational course from an approved vendor or the Secretary of State and pass the Secretary's examination; (2) a clarification that when performing an electronic notarization, a Notary may use a document authentication number issued by the Secretary of State as the Notary's electronic signature or use the document authentication number in conjunction with another type of electronic signature selected by the Notary; (3) a requirement that a Notary who leaves his or her journal(s) with the Notary's firm or employer when the Notary's employment terminates must notify the Secretary of State by submitting the proper electronic form; and (4) new requirements for firms or employers in possession of a Notary's journal. 

Read the text of the new rules.

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