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Law

WY Senate File 29

Notary Law Update: WY Senate File 29

State: Wyoming

Summary:
Senate File 29 enacts the Revised Uniform Law on Notarial Acts, remote notarization, and a journal and educational requirement for Wyoming Notaries.

Signed:  February 09, 2021

Effective:  July 01, 2021

Chapter: 27

Affects:
Creates new Sections 32-3-101 through 32-3-131 in and repeals Sections 32-1-101 through 32-1-114 and 34-26-101 through 34-26-304 of the Wyoming Statutes.

Changes:

General

  1. Defines terms.
  2. Clarifies that the new laws apply to notarial acts performed on or after July 1, 2021.
  3. Provides provisions for recognizing notarial acts performed under the authority of federally recognized Indian tribes.
  4. Requires the Secretary of State to promulgate reasonable rules and regulations necessary to carry out the purposes of this act.
  5. Provides that a Notary commission in effect on the effective date of this act continues until its date of expiration.
  6. Provides that a Notary who applies to renew a commission on or after the effective date of this act is subject to and shall comply with the new laws.
  7. Provides that a Notary Public, in performing notarial acts after the effective date of this act, must comply with the new laws.
  8. Clarifies that the new laws do not affect the validity or effect of a notarial act performed before July 1, 2021.
  9. Makes technical conforming changes.

Notary Commissions

  1. Requires that an individual must meet the following qualification to hold a commission as a Notary Public (a) be at least eighteen (18) years of age; (b) be a citizen or permanent legal resident of the United States, or otherwise lawfully present in the United States, (c) be a resident of Wyoming or have a place of employment or practice in this state or be the spouse or legal dependent of military personnel assigned to active duty in Wyoming, (d) not be disqualified to receive a commission under W.S. 32-3-122, and (e) has passed the examination required under W.S. 32-3-121(a).
  2. Provides that to be eligible for a new or renewed commission, an applicant shall pass an examination and shall meet the education requirements as provided in rule and in WS 32-3-121 and shall not have been disqualified as provided in WS 32-3-122.
  3. Provides that an applicant for a new or renewed commission must: (a) complete an application and oath of office in the form prescribed by the Secretary of State; (b) pay a filing fee of sixty dollars $60.00 (an increase of $30); (c) provide certification that the applicant has passed the examination and completed the education requirements in rule and in WS 32-3-121; and (d) submit the application and oath, certification and filing fee to the Secretary.
  4. Changes the Notary commission term from 4 to 6 years.
  5. Clarifies that an individual may not have more than 1 Wyoming Notary commission in effect at the same time.
  6. No longer requires a Notary commission to be recorded in the county where the Notary resides.
  7. Provides that a commission to act as a Notary authorizes the Notary to perform notarial acts.
  8. Provides that before a Notary performs the Notary's initial notarial act with respect to an electronic record, or a remotely located person, a Notary shall notify the Secretary of State that the Notary will perform notarial acts with respect to electronic records or a remotely located person and identify the electronic notarization systems or other forms of communication technology the Notary intends to use.
  9. Clarifies that a Notary commission does not provide the Notary any immunity or benefit conferred by the law of Wyoming on public officials or employees.
  10. Provides that the Secretary of State may suspend or impose conditions on a commission as a Notary for failure to (a) meet the examination and education requirements set forth in W.S. 32-3-121, or (b) pay the application filing fee.
  11. Provides that the Secretary of State may deny, refuse to renew or revoke a commission as Notary for any act or omission that demonstrates that the individual lacks the honesty, integrity, competence or reliability to act as a Notary, including: (a) a fraudulent, dishonest or deceitful misstatement or omission in the application for a commission as a Notary submitted to the Secretary; (b) a conviction of the applicant or Notary of any felony relevant to the duties of a Notary or a crime involving fraud, dishonesty or deceit; (c) a finding against, or admission of liability by, the applicant or Notary in any legal proceeding or disciplinary action based on the applicant's or Notary's fraud, dishonesty or deceit; (d) failure by the Notary to discharge any duty required of a Notary, whether by this act, rules of the Secretary, or any federal or state law; (e) use of false or misleading advertising or representation by the Notary representing that he has a duty, right or privilege that he does not have; (f) violation by the Notary of a rule or requirement of the Secretary of State regarding a Notary; (g) denial, refusal to renew, revocation, suspension or conditioning of a Notary commission in another state; (h) failure to comply with any term of suspension or condition imposed on the commission of a Notary; or (i) performance of any notarial act while not currently commissioned by the Secretary or pursuant to other authority to perform a notarial act under the new laws.
  12. Requires a Notary who is convicted of or pleads guilty or no contest to a felony or a crime involving fraud, dishonesty, or deceit shall notify the Secretary of State by written notice within 30 days of the conviction or plea.
  13. Clarifies that the authority of the Secretary of State to deny, refuse to renew, suspend, revoke or impose conditions on a commission as a Notary Public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.
  14. Prohibits a person from applying for or receive a commission and appointment as a Notary if a denial, refusal to renew, or revocation pursuant has been issued by the Secretary of State except as otherwise provided by rule of the Secretary.
  15. Provides that if the Secretary of State denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a Notary Public, the applicant or Notary is entitled to contest the action in accordance with the Wyoming Administrative Procedure Act.

Education and Examination

  1. Requires an applicant for a new or renewed commission as a Notary to pass an examination administered by the Secretary of State or an entity approved by the Secretary.
  2. Requires the Secretary of State or an entity approved by the Secretary to regularly offer a course of study to applicants for a new or renewed commission.
  3. Provides that the course shall cover the laws, rules, procedures, and ethics relevant to notarial acts.
  4. Provides that for a new Notary commission filed on or after July 1, 2021, or upon any renewal filed on or after July 1, 2021, in addition to passing the examination required in subsection (a) of this section the applicant shall complete Notary Public education as required by the Secretary of State.
  5. Authorizes the Secretary of State to collect reasonable fees commensurate with the cost incurred by the Secretary's office for providing Notary education and the examination.

Change of Name or Contact Information

  1. Provides that a Notary must notify the Secretary of State within 30 days of any change in the information on file with the Secretary using a form prescribed by the Secretary.
  2. Provides that in the case of a name change, the Notary Public must also include (a) a sample of the officer's handwritten official signature on the notice, and (b) a $10.00 filing fee.

Performing Notarial Acts

  1. Provides that a notarial officer who takes an acknowledgment shall determine from satisfactory evidence of identity that the principal appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the principal and was made knowingly and willingly for the purposes intended.
  2. Provides that a notarial officer who takes a verification on oath or shall determine from satisfactory evidence of identity that the principal appearing before the officer, signing the record and making the verification has the identity claimed and that the signature on the statement verified is the signature of the principal and was made knowingly and willingly for the purposes intended.
  3. Provides that a notarial officer who witnesses or attests to a signature shall determine from satisfactory evidence of identity that the principal appearing before the officer and signing the record has the identity claimed and has executed the record knowingly and willingly for the purposes intended.
  4. Provides that a notarial officer who takes an acknowledgment or witnesses a signature of a principal who signs a record in a representative capacity shall determine from satisfactory evidence of identity that the principal appearing before the officer has the identity claimed and from the record, personal knowledge or presentment of an official record that the principal holds the title or capacity claimed and has knowingly and willingly signed the record in that capacity for the purposes intended.
  5. Provides that a notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the original or official record or the item.
  6. Authorizes a notarial officer to certify that a tangible copy of an electronic record is an accurate copy of the electronic record.
  7. Provides that a notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in WS 34.1-3-505(b).
  8. Provides that a notarial officer who administers an oath or affirmation shall determine from satisfactory evidence of identity that the person appearing before the officer and taking the oath or affirmation has the identity claimed and is knowingly and willingly making the statement with the intent to be bound by the statement.
  9. Authorizes a notarial officer to refuse to perform a notarial act if (a) the officer is not satisfied that the principal executing the record is competent or has the capacity to execute the record, (b) the officer is not satisfied that the principal's signature is knowingly and voluntarily made, and (c) the officer is not satisfied with or does not know how to operate the electronic notarization system or communication technology chosen by the principal or other person.
  10. Requires a notarial officer to refuse a request that would require the officer to use an electronic notarization system or another form of communication technology that does not meet the requirements of the new law.
  11. Authorizes notarial officer to refuse to perform a notarial act unless refusal is prohibited by law other than this act.
  12. Provides that if a principal is physically unable to sign a record, the principal may in the presence of the notarial officer and 1 witness unaffected by the record, direct the witness to sign the principal's name on the record. In this case, the notarial officer must insert "Signature affixed by (name of witness) at the direction of (name of principal)" or words of similar import under or near the signature.
  13. Provides that if a principal is physically unable to sign a record the principal may in the presence of the notarial officer and 2 witnesses unaffected by the record, direct the notarial officer to sign the principal's name on the record. In this case, the notarial officer shall insert "Signature affixed by (name of notarial officer) at the direction of (name of principal) in the presence of (names of 2 witnesses)" or other words of similar import under or near the signature.
  14. Provides that a notarial officer may use signals or electronic or mechanical means to take an acknowledgment from, administer an oath or affirmation to, or otherwise communicate with any principal or witness in the presence of the officer when it appears that the principal or witness is unable to communicate orally or in writing.
  15. Provides that a notarial officer must identify any witness to the procedure for signing the name of a principal physically unable to sign through satisfactory evidence and a Notary Public's journal must reflect an entry for both the principal and all witnesses involved in the notarial act.
  16. Clarifies that if a Notary is performing an allowable notarization in a bordering state, the Notary must adhere to the laws and rules of Wyoming.
  17. Clarifies that the venue for a notarial act is in the state and county where the notarial officer is physically located at the time the notarial act is performed.

Remote Notarization

  1. Authorizes a notarial officer to perform a remote ink notarization or remote online notarization for a principal who is located (a) in Wyoming, (b) outside of Wyoming but within the United States, or (c) outside the United States.
  2. Provides that if the principal is outside the United States (a) the act of making the statement or signing the record must not be prohibited by the foreign state in which the remotely located individual is located, and (b) the record must be part of or pertains to a matter that is to be filed with or is before a public official or court, governmental entity or other entity located in the territorial jurisdiction of the United States, property located in the territorial jurisdiction of the United States, or a transaction substantially connected with the United States.
  3. Provides that a notarial officer may perform a remote online notarization if (a) the principal or credible witness personally appears before the officer in accordance with the new law, (b) the officer identifies the principal through satisfactory evidence, (c) The officer executes the notarial act in a single recorded session that complies with the new law, (d) the officer is satisfied that any record that is signed, acknowledged or otherwise presented for notarization by the principal is the same record remotely notarized by the notarial officer, and (e) the officer is satisfied that the quality of the electronic notarization system or communication technology is sufficient to make the determinations required for the notarial act under the new law and any other applicable Wyoming law.
  4. Provides that a notarial officer may perform a remote ink notarization for the notarial act of an acknowledgment if (a) the principal signs and dates a tangible document and submit the tangible, ink signed document to the officer, (b) the officer initiates the notarial act with the remotely located principal by means of an electronic notarization system or another form of communication technology and identify the remotely located principal or witness through satisfactory evidence, and (c) the officer performs the acknowledgment as set forth in the new law, abiding by the same requirements for all other notarial acts.
  5. Requires a notarial officer who performs a remote ink notarization or remote online notarization to take reasonable steps to ensure that the principal and any required witnesses are viewing the same record.
  6. Clarifies that a notarial act performed by means of an electronic notarization system or another form of communication technology is considered to have been performed in Wyoming and is governed by Wyoming law regardless of the physical location of the principal at the time of the notarization.

Fees for Notarial Acts

  1. Provides that for performing a notarial act, a notarial officer may charge the maximum fees specified in this section, charge less than the maximum fees or waive the fees.
  2. Provides that a notarial officer may charge the following fees: (a) not more than $10.00 per notarial act, or (b) not more than $10.00 per acknowledgment, signature, oath or affirmation, certification or note of protest if more than 1 person appears before a notarial officer to complete a notarial act on a single record.
  3. Provides that a notarial officer may charge technology fee associated with utilizing an electronic notarization system or another form of communication technology if the notarial officer and the person requesting the notarial act agree upon the total fee in advance of the notarial act; and the notarial officer explains to the person requesting the notarial act that the technology fee is both separate from the notarial fee, if any, and neither specified nor mandated by law.
  4. Provides that a notarial officer may charge a travel fee when traveling to perform a notarial act provided that (a) a fee charged for travel must be equal to or less than the standard mileage rates allowed by the United States Internal Revenue Service, (b) the notarial officer and the person requesting the notarial act agree upon the travel fee in advance of the travel, and (c) the notarial officer explains to the person requesting the notarial act that the travel fee is both separate from the notarial fee, if any, and neither specified nor mandated by law.
  5. Provides that a notarial officer may require payment of fees prior to the performance of a notarial act.
  6. Clarifies that any fees paid to a notarial officer prior to performance of a notarial act are nonrefundable, at the discretion of the notarial officer, if (a) the act was completed, (b) in the case of technology fees paid, the act was not completed due to the principal failing to pass knowledge-based authentication or identity proofing that may be required by an electronic notarization system or communication technology, whether due to fraud or innocent reasons, or (c) in the case of travel fees paid, the act was not completed for reasons determined valid in rules adopted by the Secretary of State.
  7. Provides that an employer may prohibit an employee who is a notarial officer from charging for notarial acts performed as part of the employee's employment.

Notarial Certificates

  1. Requires a notarial act to be evidenced by a certificate.
  2. Requires a notarial certificate to (a) be executed contemporaneously with the performance of the notarial act; (b) identify the county and state in which the notarial act is performed; (c) identify the name of the principal, the type of record, and issuing entity that is copied, or, if performing a verification of fact, the information the notarial officer has certified to, (d) specify the notarial act being performed, (e) be signed and dated by the notarial officer, and provides that if the notarial officer's signature is required to be on file with the Secretary of State, the certificate shall be signed in the same manner as on file, (f) contain the title of office of the notarial officer; and (g) contain the impression on a tangible record, or electronic image on an electronic record, of the Notary Public's official stamp.
  3. Requires the certificate for a notarial act on a tangible record to be part of or securely affixed to the record.
  4. Requires the certificate for a notarial act on an electronic record to be attached to or logically associated with the record.
  5. Requires a certificate of a remote ink notarization or remote online notarization to include the information specified above, indicate that the notarial act was performed using an electronic notarization system or another form of communication technology, and include any other information required by rule of the Secretary of State.
  6. Provides that a certificate of a notarial act is sufficient if it meets the requirements above and, and (a) is in a short form set forth in WS 32-3-115, (b) is in a form otherwise permitted by Wyoming law, (c) is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed, or (d) sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in the new law or other Wyoming law.
  7. Provides that by executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in this act.
  8. Prohibits a notarial officer from affixing the officer's signature or stamp to, or logically associate it with, a certificate until the notarial act has been performed.
  9. Authorizes a notarial officer to subsequently correct any information included on or omitted from a certificate executed by that officer if the change or correction can be evidenced by the information contained in the officer's journal record, if applicable, of the transaction.
  10. Prohibits a notarial officer from changing or correcting an impression or electronic image of an official stamp on a certificate.
  11. Provides that if the stamp affixed to a notarial certificate is incorrect, the officer shall obtain a corrected stamp.
  12. Provides that if the impression or electronic image of an official stamp is missing from a certificate, is illegible or the official stamp contained incorrect information the officer may affix a subsequent impression of the official stamp on a tangible record or attach or logically associate a subsequent impression with an electronic record.
  13. Provides that any changes or corrections to a notarial certificate must be dated and initialed by the notarial officer and a corresponding notation of the changes shall be made in the journal record, if applicable.
  14. Provides that only the officer who performed the notarization may make or authorize a change or correction to a previously completed certificate.
  15. Provides that if an officer authorizes a third party to change or correct the information included or omitted on a previously completed certificate, the authorization must be granted in writing and a copy of the message authorizing the change and a copy of the changed certificate shall be attached to the officer's journal record, if applicable, for that transaction.
  16. Provides short-form certificates for an acknowledgment in an individual capacity, an acknowledgment in a representative capacity, a verification on oath or affirmation, a signature witnessing, and a copy certification.

Official Signature and Stamp

  1. Provides that for a new Notary commission, or upon renewal, filed on or after July 1, 2021, the official signature of a Notary must (a) be filed with the Secretary of State on a form prescribed by the Secretary, (b) be reasonably similar to the official signature on file with the Secretary of State, (c) if executed on a tangible record, be in blue or black ink; (d) if executed on an electronic record, be an electronic image of the official signature submitted to the Secretary of State, (e) be affixed to all tangible and electronic records for which the Notary conducts a notarial act, and (f) conform to any requirements set forth in rule by the Secretary of State.
  2. Provides that for a new Notary commission, or upon renewal, filed on or after July 1, 2021, the official stamp of a Notary, whether the impression is on a tangible or electronic record, must (a) be rectangular in shape and approximately 1 inch in width by 2½ inches in length, (b) be in blue or black ink, (c) have a border outline, (d) contain a block of text within the border outline that includes the Notary's name, as it appears on the Notary's certificate of commission, the words "Notary Public", the words "State of Wyoming", the Notary Public's identification number, the words "My commission expires" followed by the expiration date of the Notary Public's commission, (e) and any other information required by the Secretary of State.
  3. Provides that if the official stamp is a physical image, it must be in blue or black ink and be capable of being copied together with the record to which it is affixed or attached, or with which it is logically associated.
  4. Provides that if the official stamp is an electronic image, it must be in the same format, color, content, and approximate size as the tangible official stamp and be capable of being copied together with the record to which the official stamp is affixed or attached or with which the official stamp is logically associated.
  5. Requires the official stamp to be replaced with a new stamp upon each renewed commission term.
  6. Clarifies that the official stamp must contain the prescribed wording and required content and this information must not be included, corrected, or amended on the stamp through written, typed, or any other means.
  7. Clarifies that the official stamp must not include images of the great seal of the state of Wyoming or any other image or content other than as prescribed in the new law.
  8. Clarifies that a Notary is the sole owner of the Notary's stamping device, is responsible for the security of the stamping device, and may not allow another individual to use the device to perform a notarial act.
  9. Provides that on resignation from, or the revocation or expiration of, the Notary's commission, or on the expiration of the date set forth in the stamping device, the Notary shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable.
  10. Provides that on the death or adjudication of incompetency of a Notary, the Notary's personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable.
  11. Provides that if a Notary's stamping device is lost or stolen, the Notary or the Notary's personal representative or guardian shall promptly notify the Secretary of State in a manner set forth by the Secretary upon discovering that the device is lost or stolen.

Records of Notarial Acts and Remote Notarizations

  1. Provides that if a notarial act is performed using an electronic notarization system or another form of communication technology, the notarial officer shall make an audiovisual recording of the entire communication.
  2. Provides that a notarial officer shall keep sole possession of an audiovisual recording except when a law enforcement officer in the course of an official investigation, a court through a subpoena, or the Secretary of State requires surrendering of the journal.
  3. Provides that an audiovisual recording may be examined and copied by a law enforcement officer in the course of an official investigation, subpoenaed by court order, or surrendered at the direction of the Secretary of State.
  4. Requires a Notary to maintain 1 or more journals in which the Notary chronicles all notarial acts that the Notary performs.
  5. Provides that the journal may be created on a tangible medium or in an electronic format to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records.
  6. Provides that a Notary is responsible for the security of the Notary's journal.
  7. Requires a Notary to keep the journal and all other notarial records in a secure area under the sole control of the officer and surrender or destroy them only as authorized by statute, rule, court order, or at the direction of the Secretary of State.
  8. Prohibits a Notary Public from allowing the Notary's journal to be used by any other notarial officer and from surrendering the journal to an employer upon termination of employment without the approval of the Secretary of State.
  9. Clarifies that an employer may retain a copy of the journal of an employee who is a Notary after the officer's employment ceases if the journal contains records of notarial acts performed within the scope of the officer's employment.
  10. Provides that the journal may be examined and copied by a law enforcement officer in the course of an official investigation if subpoenaed by court order or at the direction of the Secretary of State.
  11. Requires a Notary to promptly notify the Secretary of State, in a manner required by the Secretary, upon discovering that the Notary's journal is lost or stolen.
  12. Provides that on the death or adjudication of incompetency of a current or former Notary, the Notary's personal representative or guardian or any other person knowingly in possession of the Notary's journal or audiovisual recordings may transmit all journals and recordings to the Secretary of State.

Prohibited Acts and Penalties

  1. Prohibits a notarial officer from (a) performing a notarial act with respect to a record to which the officer or the officer's spouse or civil partner is a party or in which either of them has a direct beneficial interest, (b) notarizing the officer's own signature, (c) notarizing a record in which the officer is individually named or from which the officer will directly benefit by a transaction involving the record, (d) certifying a copy of an official record issued by a public entity, such as a birth, death or marriage certificate, a court record or a school transcript, unless the officer is employed by the entity issuing or holding the original version of the record, (e) affixing the notarial officer's official signature or stamp to any record that does not contain the officer's completed notarial certificate, (f) Investigating, ascertaining or attesting the lawfulness, propriety, accuracy or truthfulness of a record or transaction involving a notarial act, (g) executing a certificate containing information known or believed by the notarial officer to be false, (h) performing any official action with the intent to deceive or defraud; or (i) using the official notarial officer title or stamp to endorse, promote, denounce or oppose any product, service, contest, candidate or other offering.
  2. Clarifies that a commission as a Notary Public does not authorize an individual to (a) assist persons in drafting legal records, give legal advice, influence or otherwise practice law, (b) act as an immigration consultant or an expert on immigration matters, (c) represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters, or (d) receive compensation for performing any of these activities.
  3. Prohibits a Notary from engaging in false or deceptive advertising.
  4. Prohibits a Notary from using the term "notario" or "notario publico" unless the Notary is an attorney.
  5. Prohibits a Notary, other than an attorney licensed to practice law in Wyoming, from advertising or representing that the Notary may assist persons in drafting legal records, give legal advice, or otherwise practice law.
  6. Provides that if a Notary who is not an attorney licensed to practice in any manner advertises or represents that the Notary Public offers notarial services, whether orally or in a record, including broadcast media, print media, and the internet, the Notary must include the following statement, or an alternate statement authorized or required by the Secretary of State, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities".
  7. Provides that if the form of advertisement or representation described above is not broadcast media, print media, or the internet and does not permit the inclusion of the prescribed statement because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
  8. Provides that except as otherwise allowed by law, a Notary shall not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the Notary.
  9. Clarifies that nothing in the new law shall be construed to deny a notarial officer the right to obtain an assurance in the form of a surety bond or errors and omissions insurance on a voluntary basis to provide coverage for liability.

Validity of Notarial Acts

  1. Provides that the failure of a notarial officer to perform a duty or meet a requirement specified in the new law does not invalidate a notarial act performed by the notarial officer.
  2. Provides that the validity of a notarial act in this act does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the law of this state other than this act or law of the United States.
  3. Clarifies that the validity of notarial acts provisions in the new law does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.

Authentication of Notarial Acts

  1. Provides that the Secretary of State or his designee may sign and issue a certificate of authentication or an apostille evidencing the origin of a public document or the authentication of the official stamp or signature of the person or authority in this state that stamped or signed the document.
  2. Requires the Secretary of State to collect a fee of $20.00 for each certificate or apostille issued pursuant to this section, not to exceed $100.00 per the same transaction or occurrence.
  3. Prohibits the Secretary of State from issuing a certificate of authentication on (a) A record that is not properly notarized in accordance with the requirements of this act, or (b) A record regarding allegiance to a government or jurisdiction, relating to the relinquishment or renunciation of citizenship, sovereignty, in itinere status or world service authority, or setting forth or implying for the bearer a claim of immunity from the law of this state or federal law.
Repealed Provisions

  1. Repeals the requirement that a Notary file a $500 surety bond as a condition for qualifying for a Notary commission.
  2. No longer requires a Notary to file a change of name with the clerk of the county in which the Notary resides.
  3. No longer requires a Notary to file a certified copy of a marriage license or divorce decree with the county clerk or Secretary of State to evidence a legal change of name.
  4. No longer requires a Notary who moves to a new county to transfer the Notary commission to the clerk of the new county for recording.
  5. Repeals the prior penalty of $25-$500 for a Notary performing a notarial act after the expiration of the Notary's commission.
  6. Repeals the prior requirement that a Notary who moves to a new county procure a new Notary commission for that county.
  7. Repeals the prior requirement that a Notary who moves to a new county must have the name of the county changed on their official Notary seal.
  8. Repeals the prior requirement that the name of the county must appear in the Notary's seal.
  9. No longer requires the name of the Notary’s county to appear in the official stamp.
  10. Repeals the prior allowance of the Notary seal to be circular in dimensions not greater than 2 inches.
  11. Repeals the prior Uniform Law on Notarial Acts (WS 34-26-101 through 34-26-206, including the ULONA short-form certificates of notarial acts and other specific provisions noted below.
  12. Repeals the prior requirement in certifying a copy that the Notary copy or supervise the copying of the document or other item to be copied.
  13. Repeals the prior requirement that in certifying an instrument signed by a business entity, trustee of a testamentary trust, or express trust the notarial officer administer an oath or affirmation to the person who signed on behalf of the business entity, testamentary trust, or express trust that the person was the officer or trustee, respectively, of the entity, testamentary trust, or express trust, that the instrument was signed on behalf of the entity, testamentary trust, or express trust, pursuant to authority to do so, and that the person who signed the document on behalf of the entity acknowledged the instrument to be the free act and deed of the entity.
  14. Repeals the prior requirement that in certifying an instrument signed by a business entity, trustee of a testamentary trust, or express trust the notarial officer must personally know the officer of the entity or the trustee of the testamentary trust or express trust.
  15. Repeals the specific presumptions of a certificate of notarial acts for individuals signing on their own behalf, as attorney in fact for a principal, and as an officer of a corporation or other entity.
  16. Repeals the prior signature by mark procedure for a person who signs using a mark.
  17. Repeals the prior prohibition against a notarial officer who is not an attorney influencing a person either to enter into or avoid a transaction involving a notarial act.
  18. Repeals the prior prohibition against a notarial officer sending a signed or sealed notarial certificate to another person with the understanding that it will be completed or attached to a document outside the officer's place of business.
  19. Repeals the prior prohibition against a notarial officer certifying or authenticating a photograph.
  20. Repeals the prior provision that a governmental employer who has absorbed an employee's costs in becoming or operating as a notarial officer must require any fees collected for notarial acts performed by the employee as part of their employment either be waived or surrendered to the employer to support public programs.
Analysis:
Senate File is the first major Notary legislation enacted in 2021. The new law enacts the Revised Uniform Law on Notarial Acts, provisions for remote notarization, and electronic notarization. It also, significantly, adds a mandatory education and examination requirement for Notaries applying for a commission (which now has been lengthened from 4 to 6 years) and a journal requirement. For a bill of this size, the effective date of July 1, 2021, is very ambitious. New education providers must be ready to have courses approved by the Secretary of State for all Notaries who plan to apply for or renew Notary commissions on or after July 1, 2021. Another key change is to the Notary seal (now called an official stamp). The dimensions of the official stamp have changed (see Official Signature and Seal, above) and the name of the Notary's county has been removed as a required element in the seal. Notaries with existing commissions in effect on or after July 1, 2021, may continue to use their existing seals until they renew their commissions. At that time, their official stamps must comply with the new law.

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