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August 5, 2024

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1. Authorization: “If a notarial officer and an individual for whom a notarial act is to be performed do not communicate in the same language, an interpreter who communicates in a language in common with both the notarial officer and the individual may be used to facilitate the notarial act” (CRS 24-21-514.7[1]).

2. Appearance and Identification of Interpreter: “An interpreter shall appear personally, as defined in section 24-21-506 (2), before the notarial officer. An interpreter appearing personally before the notarial officer shall be identified pursuant to section 24-21-507 or, if appearing personally by means of real-time audio-video communication, pursuant to section 24-21-514.5” (CRS 24-21-514.7[2]).
   “Interpreters must personally appear for the notarization; the signer can’t use an over-the-phone interpreter service, or a translator app. For a paper or electronic notarization, the interpreter must be in the same room with the notary and signer. For remote notarizations, the interpreter must appear in real-time over audio-video technology using the same approved remote notary provider as is being used for the notarization” (NH).

3. Disqualifications: “An interpreter shall not provide interpreter services when the interpreter has a disqualifying interest in the transaction. For the purposes of this subsection (3), an interpreter has a disqualifying interest in a transaction if:
   “(i) The interpreter or the interpreter’s spouse, partner in a civil union, ancestor, descendent, or sibling is a party to or is named in the record that is to be notarized; or
   “(ii) The interpreter or the interpreter’s spouse or partner in a civil union may receive directly and as a proximate result of the notarization any advantage, right, title, interest, cash, or property. This subsection (3)(a)(ii) does not apply to a reasonable fee received by the interpreter for providing interpreter services” (CRS 24-21-514.7[3]).
   “Examples of people that cannot interpret for the notarization include real estate agents for closing documents and family members of the signer in any situation” (NH).

4. Representations as Factual: “A notarial officer may rely on representations made by the interpreter on behalf of the individual for whom the notarial act is performed as factual” (CRS 24-21-514.7[1]).

5. Notarial Officer Not Liable: Any errors in interpretation are not attributable to the notarial officer, and the notarial officer is not liable in any disputes arising from such errors” (CRS 24-21-514.7[1]).
   “If a notarial officer does not communicate in the same language as the individual executing the record with respect to which the notarial officer is performing a notarial act, the notarial officer is not liable in any legal action regarding a dispute that directly results from an error in interpretation” (CRS 24-21-514.7[4][a]).

6. Refusal of Notarial Act: “Nothing in this section limits a notarial officer’s authority to refuse to perform a notarial act as set forth in section 24-21-508” (CRS 24-21-514.7[5]).

7. Journal Entry: “An entry in a journal must … contain … [t]he full name and address of any interpreter who provided interpreter services to facilitate the notarial act … [and] [t]he certification or credential number of any interpreter who provided interpreter services to facilitate the notarial act” (CRS 24-21-519[3][g]-[h]).

8. Remote Notarial Certificate: “In addition to complying with the requirements of section 24-21-515, the certificate of notarial act for a remote notarization that was performed using an interpreter must indicate that the notarial act was performed using an interpreter and include the name and credential or certification number, if any, of the interpreter” (CRS 24-21-514.7[6]).
   “If a notary uses an Interpreter during a remote notarization, the certificate must indicate that the notarial act was performed using an interpreter and include the name and credential or certification number, if any, of the interpreter. However, it is recommended that a notary include this information in all notarial certificates where an interpreter is used, even if it is not a remote notarization” (NH).

9. Interpreters for Deaf, Hard of Hearing, Deafblind:“In accordance with section 6-1-707(1)(e)(I), C.R.S., an interpreter for deaf, hard of hearing, or deafblind individuals must hold either:
   “(a) A valid certification issued by the registry of Interpreters for the Deaf, Inc. or a successor entity; or
   “(b) A valid certification for sign language interpretation approved by the Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind” (8 CCR 1505-11, Rule 2.3.2).

Disqualifying Interest

1. Personal, Spouse or Partner: “A notarial officer shall not perform a notarial act with respect to a record in which the officer has a disqualifying interest. For the purposes of this section, a notarial officer has a disqualifying interest in a record if:
   “(a) The officer or the officer’s spouse, partner in a civil union, ancestor, descendent, or sibling is a party to or is named in the record that is to be notarized; or
   “(b) The officer or the officer’s spouse or partner in a civil union may receive directly, and as a proximate result of the notarization, any advantage, right, title, interest, cash, or property exceeding in value the sum of any fee properly received in accordance with this part 5.
   “(3) A notarial act performed in violation of this section is voidable” (CRS 24-21-504[2] and [3]).

2. Savings and Loan Association: “A notary public or other public officer qualified to take acknowledgments or proof of written instruments shall not be disqualified from taking the acknowledgment or proof of an instrument in writing in which a savings and loan association is interested by reason of the notary public’s or other public officer’s employment by, or the notary public or other public officer being a member or officer of, the savings and loan association interested in the instrument” (CRS 11-41-128).

Unauthorized Practice of Law

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