IA Administrative Rules (2013)
Rule/Regulation
SummaryThe Iowa Secretary of State amends its administrative rules for Notaries in light of its enactment of the Revised Uniform Law on Notarial Acts (RULONA).
AffectsMakes the following changes to the Iowa Administrative Code: (a) adds rules 721-43.2(9B), 721-43.3(9B), 721-43.4(9B), 721-43.6(9B); (b) amends and renames rule 721-43.1(9E) to 721-43.1(9B); (c) repeals rules 721-43.2(9E), 721-43.3(9E), 721-43.4(9E), and 721-43.6(9E); and (d) repeals and reserves rule 721-43.5(9E).
Changes - Clarifies that a notarial certificate must be executed contemporaneously with the performance of the notarial act for which the certificate applies and not be completed until the act has been performed.
- Clarifies that the certificate of a notarial act must contain all information required by Iowa Code Section 9B.15(1).
- Clarifies that a notarial certificate is sufficient if it meets the requirements set out in Iowa Code Section 9B.15(3).
- Provides that the short form certificates of notarial acts may be used provided the certificates comply with the provisions of Iowa Code sections 9B.15 and 9B.16, and that a “record” and an “instrument” have the same meaning and effect.
- Clarifies that a direct financial benefit does not exist when the notarial officer is compensated on an individual loan commission basis or as provided in Iowa Code section 9B.26(2).
- Provides that the affirmation section on an Application for Appointment as Notary Public shall constitute an executed oath of office as required by Iowa Code section 9B.21(3).
- Provides rules for submitting complaints against a Notary, investigations into allegations made against a Notary, hearings conducted in response to investigations. (Note: the new rule replaces former rule 721-43.6(9E) that has been repealed.)
- Clarifies that the Secretary of State may impose any of the sanctions set out in Iowa Code Section 9B.23, including issuing a letter of reprimand as a condition on a commission as a Notary.
AnalysisThe Iowa Secretary of State comes back to add new administrative rules to implement the Revised Uniform Law on Notarial Acts. These rules apply to the certificates Notaries complete to evidence a notarial act and sanctions, complaints, investigations and hearings into allegations of Notary misconduct.
Read the adopted administrative rules.