CO Senate Bill 127 | NNA
Law

CO Senate Bill 127

Notary Law Update: CO Senate Bill 127

State: Colorado

Summary:

Colorado joins Massachusetts, Michigan and a growing number of other states in forbidding use of the terms “Notario” and “Notario Publico” in advertisements of notarial services.

Signed:  March 23, 2004

Effective:  July 01, 2004

Chapter: 55

Affects:

Amends Colorado Revised Statutes 12-55-110.3 (3)(b) and 6-1-105

Changes:
  1. Prohibits a non-attorney Notary from: (a) stating or implying that he or she is an attorney; (b) soliciting or accepting compensation to prepare documents or representing a client in a judicial or administrative hearing, including hearings related to immigration matters; (c) soliciting or accepting compensation to obtain relief on behalf of another person from any officer, agency, or employee of Colorado or the U.S. government; and (d) advertising using the words “Notario” or “Notario Publico.”
  2. Provides that a willful violation of these provisions constitute: (a) a deceptive trade practice; and (b) official misconduct as defined by C.R.S. 12-55-116. (Under C.R.S. 12-55-116 official misconduct is considered a class 2 misdemeanor.)
Analysis:

The amendments to C.R.S. 12-55-110(3)(b) sharpen the existing distinction between the ministerial Notary and attorney in a section of Colorado’s Notary laws prohibiting a non-attorney Notary from rendering services that constitute the unauthorized practice of law. Colorado joins Massachusetts, Michigan and a growing number of other states in forbidding use of the terms “Notario” and “Notario Publico” in advertisements of notarial services. Under existing law, C.R.S. 12-55-110.3(3)(a) prohibits non-attorneys from advertising or representing themselves as immigration consultants. The new law builds on this by prohibiting use of deceptive language to deliberately mislead the public.

Read the bill text.

Knowledge Center