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2018 Notary Laws And Rules: Fee Increases, Journal Requirements And Training

New-Laws-resized.jpgIn 2018 a wide variety of new Notary laws and administrative rules raising Notary fees, creating new journal requirements, adding testing and training guidelines, and more take effect. Here is a look at some of the important new laws and rules affecting Notaries:

Arizona:

Administrative Rule R18-01, which took effect March 5, raises the maximum fee for notarizations to $10, up from the previous maximum of $2. However, Arizona Notaries now are required to select the fee they will charge — from “no charge” up to the new $10 maximum. Once chosen, the Notary will be expected to charge that fee at all times. The new rule also requires Arizona Notaries to post their fee schedule in a conspicuous location and in a mandatory fee schedule format to inform signers of the fee before performing a notarization.

Colorado:

Senate Bill 132, which takes effect July 1, 2018, authorizes a new type of notarization — witnessing signatures. The law retains the option for Colorado Notaries to keep either a physical or electronically stored journal, but now requires a physical journal to be a permanent, bound register with numbered pages. An electronic journal must be kept in a permanent, tamper-evident electronic format that complies with rules to be set by the Secretary of State.

You can read about SB 132’s full provisions at the NNA’s Notary Laws database.

Indiana:

Senate Bill 539, effective July 1, 2018, thoroughly reforms Indiana’s Notary laws, and include the following provisions:

  • Notary seals must include the Notary’s name exactly as it appears on their commission, and the Notary’s commission number and commission expiration date. 
  • The maximum fee for notarizations is raised from $2 to $10. 
  • Indiana Notaries will be required to display a list of fees charged if the Notary chooses to charge fees for notarizations.
  • Notaries will be permitted to charge a travel fee for traveling to perform a notarization, not to exceed the federal travel fees established by the U.S. General Services administration.
  • Notary applicants must complete a course and test administered by the Secretary of State, as well as a continuing education course every 2 years.
  • The amount of the Notary’s required “assurance” (surety bond or its functional equivalent) is raised from $5,000 to $25,000.

A list of other SB 539 provisions affecting Indiana Notaries is available online. 

Washington:

Senate Bill 5081, effective July 1, 2018, includes a new journal requirement. Additional journal provisions include:

  • Notaries will be required to keep a journal of their notarial acts unless the Notary is also an attorney who documents the notarial act already as part of a professional practice.
  • The Notary journal may be kept either physically or electronically, but a physical journal must be a permanent, bound register with numbered pages; an electronic journal must be kept in a permanent, tamper-evident electronic format complying with rules set by the Department of Licensing.
  • Journals must be kept in a locked and secure are under the Notary’s exclusive control. Notaries are required to store their journals for 10 years after the date of the last entry recorded, after which the journal must be destroyed.

A list of other SB 5081 Notary provisions can be viewed online at the NNA’s Notary Laws database.

Additional Resources:

NNA Notary Laws database

 

 

5 Comments

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A R GARCIA

29 Mar 2018

i am blocked to reading online ... what is the reason?

National Notary Association

02 Apr 2018

Hello. All our articles should be available for the public to read. If you are encountering a problem, please email us at services@nationalnotary.org with a description of what is happening and what device and browser you are using to access the article, and we will try to assist you in resolving the issue.

EEB

06 Apr 2018

If I'm not mistaken, you're missing one. I believe Illinois has now made it a requirement that all notarizations be completed in black ink only.

National Notary Association

09 Apr 2018

Hello. A former Illinois statutory requirement that the Notary’s rubber stamp seal be affixed “clearly and legibly using black ink, so that it is capable of photographic reproduction” (5 ILCS 312/3-101[b]) expired on July 1, 2013.

Linda Sheffield

10 Apr 2018

It appears that California is in the process of passing legislation to allow eNotarizaion. This will certainly have a negative impact on Mobile Notaries. It will most likely also have a negative impact on other notarys also; those who are not in the position to invest in the necessary technology. All this makes it most likely that the notary business is going to be taken over by a few big companies. Is NNA doing anything to lobby against passage?

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