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November 18, 2024
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Qualifications: An applicant for a commission as an Iowa Notary Public must (IC 9B.21.2):
(a) be at least 18 years old,
(b) be a citizen or permanent legal resident of the United States,
(c) be a resident of or have a place of employment or practice in Iowa, but any out-of-state applicant must live in a state bordering Iowa (IC 9B.21.5),
(d) be able to read and write English, and
(e) not be disqualified from receiving a commission by IC 9B.23 (i.e., grounds to deny, refuse to renew, revoke, suspend or condition a Notary commission).
“The secretary of state may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public.…” (IC 9B.23.1). Included in the grounds for denying a Notary commission are a conviction of the applicant for a felony or crime involving fraud, dishonesty or deceit, or a finding against, or admission of liability by, the applicant in any legal proceeding or disciplinary action based on the applicant’s fraud, dishonesty or deceit.Course: Not required for receiving a Notary commission. “[W]e recommend that notaries take a notary public education course, as there is much more to know about protecting yourself and following the law when performing your duties” (HNP). A course is required for authorization to perform notarial acts for remotely located individuals: “A notary public who wishes to begin performing notarial acts under Iowa Code section 9B.14A shall, within the six month period immediately preceding the first performance of such an act, satisfactorily complete a training course approved by the secretary of state concerning the requirements and methods for performing notarial acts for remotely located individuals and shall provide satisfactory proof to the secretary of state that the applicant has completed the course”
Exam: Not required.
Application
List of Bilingual Notaries: On the application form, applicants have the option of being placed on a list of bilingual Notaries and indicating that they wish to start notarizing electronically.
Tamper-Evident Technology: If the applicant opts to notarize electronically, the type of “tamper proof technology” that will be employed must be indicated on the application.
Fee: The application fee for new commissions and reappointments is $30 (IC 9B.21.1]).
Oath of Office: “Before issuance of a commission as a notary public, an applicant for the commission shall execute an oath of office and submit it to the secretary of state” (IC 9B.21.3]) — this oath of office is made by signing the application form (IAC 721-43.5[
1]
).
Exam: Not required.
Application: On the application form, applicants have the option of being placed on a list of bilingual notaries and indicating that they wish to start notarizing electronically. If the applicant opts to notarize electronically, the type of “tamper proof technology” that will be employed must be indicated on the application. The application fee is $30 (IC 9B.21.1]). “Before issuance of a commission as a notary public, an applicant for the commission shall execute an oath of office and submit it to the secretary of state” (IC 9B.21.3]) — this oath of office is made by signing the application form (IAC 721-43.3[1]).
The application fee for new commissions and reappointments is $30 (website, “Forms & Fees”).Background Screening: Not required.
Nonresidents: A resident of a state bordering Iowa may become a Notary if that person’s place of work or business is within the state. Such a commission expires if the person ceases to work or maintain a business in the state (IC 9B.21.5).
Reappointment: “The secretary of state, two months preceding the expiration of a commission, shall notify the notary public of the expiration date and furnish a blank application for reappointment” (IC 9B.21A). Reappointments may be initiated online (website, “Renewal Filing”).
No Immunity or Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees” (IC 9B.21.7).
Notification to Perform In-Person Electronic and Remote Notarial Acts
In-Person Electronic Notarial Acts: “Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the secretary of state has established standards for approval of technology pursuant to [IC] section 9B.27, the technology must conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology” (IC 9B.20.2).
Remote Notarial Acts
Qualifications: “A notary public who performs a notarial act under [IC 9B.14A] must be duly commissioned under and remain subject to the requirements of section 9B.21 and all other applicable requirements of this chapter” (IC 9B.14A.10B).
Notification: “Before a notary public performs the notary public’s initial notarial act under this section [for remotely located individuals], the notary public must notify the secretary of state that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the secretary of state has established standards under subsection 8 and section 9B.27 for approval of communication technology or identity proofing, all of the following apply:
“a. The communication technology the notary public intends to use must conform to the standards.
“b. If the notary public elects to use identity proofing under subsection 3, paragraph “a”, the identity proofing must conform to the standards” (IC 9B.14A.7).Course: “A notary public who wishes to begin performing notarial acts under Iowa Code section 9B.14A shall, within the six-month period immediately preceding the first performance of such an act, satisfactorily complete a training course approved by the secretary of state concerning the requirements and methods for performing notarial acts for remotely located individuals and shall provide satisfactory proof to the secretary of state that the applicant has completed the course” (IAC 721-43.5[3]a).
Upon seeking reappointment a new Notary commission, a Notary who wishes to continue to perform notarial acts for remotely located individuals must take an updated course (IAC 721-43.5[3]b).
Online Search
“The secretary of state shall maintain an electronic database of notaries public which complies with all of the following:
“1. Through which a person may verify the authority of a notary public to perform notarial acts.
“2. Which indicates whether a notary public has notified the secretary of state that the notary public will be performing notarial acts on electronic records” (IC 9B.24).
Jurisdiction
“A notarial act may be performed in this state by … [a] notary public of this state” (IC 9B.10.1.a).
Term Length
Residents: “On compliance with [IC 9B.21], the secretary of state shall issue a commission as a notary public to an applicant for a term of three years” (IC 9B.21.6).
Nonresidents: The term of a notarial officer who is a resident of a state bordering Iowa and whose place of work or business is in Iowa is one year” (IC 9B.21.6).
Members of General Assembly: “The term of a notary public who is a member of the general assembly is the member’s term of office” (IC 9B.21.6).
“Members of the Iowa Legislature must complete an Application for Renewal of Commission before the expiration of the member’s current commission. The Secretary of State’s Office does not notify members of the Iowa Legislature when their notary commissions are about to expire. Members of the Iowa Legislature need to know the expiration date of their notary commissions” (HNP).Employees of State Agencies: “The term of a notary public who is an employee of a state agency designated to receive an appointment as provided in subsection 4 shall terminate at the end of employment” (IC 9B.21.6).
“State employees will be reminded to complete an Application for Renewal of Commission before the expiration of the employee’s current commission. The application must be submitted before the expiration date of the state employee’s commission” (HNP).
Bond
Not required.
Changes of Status
Address Change: “If you move, inform the (Secretary of State’s) office of your new home address. If you change employers, notify the office of your new employer and new address” (HNP).
Name Change: “If you change your name, you may use your new name or continue using your former name through the end of your term. If you use your new name, inform the Secretary of State’s Office IMMEDIATELY of the change” (HNP).
Application Information Changes: The instructions on the commission application state: “If any information on this application changes during the duration of the commission, the Secretary of State must be notified within 30 days of the change”. This particularly includes a change of name by the Notary; a change of home address or phone; a change of employer’s name, address or phone; and a change of where the state is to send official mail (home or business).
For any change of status, the Notary should submit a “Request for Change of Name/Address” form, which is available on the Secretary of State’s website under “Forms and Fees.”
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Iowa Notaries are authorized to perform the following notarial acts (IC 9B.2.5 and 558.31):
Take acknowledgments and proofs;
Administer oaths and affirmations;
Take depositions and other sworn testimony;
Take verifications on oath or affirmation;
Witness or attest signatures;
Certify or attest copies; and
Note protests.
In-Person Electronic and Remote Notarial Acts: Iowa Notaries who have notified the Secretary of State that they will be performing technology-based notarial acts may perform any of the notarial acts listed above electronically or remotely.
Acknowledgments
Definition: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (IC 9B.2.1).
RequirementsBackground Screening: Not required.
Nonresidents: A resident of a state bordering Iowa may become a Notary if that person’s place of work or business is within the state. Such a commission expires if the person ceases to work or maintain a business in the state (IC 9B.21.5).
Reappointment: “The secretary of state, two months preceding the expiration of a commission, shall notify the notary public of the expiration date and furnish a blank application for reappointment” (IC 9B.21A). Reappointments may be initiated online (website, “Renewal Filing”).
No Immunity or Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees” (IC 9B.21.7).
Notification to Perform In-Person Electronic and Remote Notarial Acts
In-Person Electronic Notarial Acts: “Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the secretary of state has established standards for approval of technology pursuant to [IC] section 9B.27, the technology must conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology” (IC 9B.20.2).
Remote Notarial Acts
Qualifications: “A notary public who performs a notarial act under [IC 9B.14A] must be duly commissioned under and remain subject to the requirements of [IC] section 9B.21 and all other applicable requirements of this chapter” (IC 9B.14A.10B).
Notification: “Before a notary public performs the notary public’s initial notarial act under this section [for remotely located individuals], the notary public must notify the secretary of state that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the secretary of state has established standards under subsection 8 and section 9B.27 for approval of communication technology or identity proofing, all of the following apply:
“a. The communication technology the notary public intends to use must conform to the standards.
“b. If the notary public elects to use identity proofing under subsection 3, paragraph “a”, the identity proofing must conform to the standards” (IC 9B.14A.7).Course: “A notary public who wishes to begin performing notarial acts under Iowa Code section 9B.14A shall, within the six-month period immediately preceding the first performance of such an act, satisfactorily complete a training course approved by the secretary of state concerning the requirements and methods for performing notarial acts for remotely located individuals and shall provide satisfactory proof to the secretary of state that the applicant has completed the course” (IAC 721-43.5[3]a).
An updated course is required for any Notary seeking reappointment who wishes to continue performing notarial acts for remotely located individuals under the new appointment: “An applicant for reappointment as a notary public who currently holds a notary public commission, who wishes to continue performing notarial acts under Iowa Code section 9B.14A and who has satisfactorily completed the initial training course required by paragraph 43.5(3)“a” at least one time prior to the 12-month period immediately preceding application for reappointment shall, within the 6-month period immediately preceding the deadline for application for reappointment, satisfactorily complete an update course approved by the secretary of state concerning the requirements and methods for performing notarial acts for remotely located individuals and shall provide satisfactory proof to the secretary of state that the applicant has completed the course” (IAC 721-43.5[3]b).
Online Search
“The secretary of state shall maintain an electronic database of notaries public which complies with all of the following:
“1. Through which a person may verify the authority of a notary public to perform notarial acts.
“2. Which indicates whether a notary public has notified the secretary of state that the notary public will be performing notarial acts on electronic records” (IC 9B.24).
Jurisdiction
“A notarial act may be performed in this state by … [a] notary public of this state” (IC 9B.10.1.a).
Term Length
Residents: “On compliance with [IC 9B.21], the secretary of state shall issue a commission as a notary public to an applicant for a term of three years” (IC 9B.21.6).
Nonresidents: The term of a notarial officer who is a resident of a state bordering Iowa and whose place of work or business is in Iowa is one year” (IC 9B.21.6).
Members of General Assembly: “The term of a notary public who is a member of the general assembly is the member’s term of office” (IC 9B.21.6).
“Members of the Iowa Legislature must complete an Application for Renewal of Commission before the expiration of the member’s current commission. The Secretary of State’s Office does not notify members of the Iowa Legislature when their notary commissions are about to expire. Members of the Iowa Legislature need to know the expiration date of their notary commissions” (HNP).Employees of State Agencies: “The term of a notary public who is an employee of a state agency designated to receive an appointment as provided in [IC 9B.21] subsection 4 shall terminate at the end of employment” (IC 9B.21.6).
“State employees will be reminded to complete an Application for Renewal of Commission before the expiration of the employee’s current commission. The application must be submitted before the expiration date of the state employee’s commission” (HNP).
Bond
Not required.
Changes of Status
Address Change: “If you move, inform the (Secretary of State’s) office of your new home address. If you change employers, notify the office of your new employer and new address” (HNP).
Name Change: “If you change your name, you may use your new name or continue using your former name through the end of your term. If you use your new name, inform the Secretary of State’s Office IMMEDIATELY of the change” (HNP).
Application Information Changes: The instructions on the commission application state: “If any information on this application changes during the duration of the commission, the Secretary of State must be notified within 30 days of the change”. This particularly includes a change of name by the Notary; a change of home address or phone; a change of employer’s name, address or phone; and a change of where the state is to send official mail (home or business).
For any change of status, the Notary should submit a “Request for Change of Name/Address” form, which is available on the Secretary of State’s website under “Forms and Fees.”
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Iowa Notaries are authorized to perform the following notarial acts (IC 9B.2.5):
Take acknowledgments and proofs (IC 558.31);
Administer oaths and affirmations;
Take depositions and other sworn testimony;
Take verifications on oath or affirmation;
Witness or attest signatures;
Certify or attest copies; and
Note protests.
In-Person Electronic and Remote Notarial Acts: Iowa Notaries who have notified the Secretary of State that they will be performing technology-based notarial acts may perform any of the notarial acts listed above electronically or remotely.
Acknowledgments
Definitions
Acknowledgment: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (IC 9B.2.1).
In a Representative Capacity: “In a representative capacity” means acting as any of the following:
“a. An authorized officer, agent, partner, trustee, or other representative for a person other than an individual.
“b. A public officer, personal representative, guardian, or other representative, in the capacity stated in a record.
“c. An agent or attorney-in-fact for a principal.
“d. An authorized representative of another in any other capacity” (IC 9B.2.4).
Requirements
Identity of Principal: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and making the acknowledgment has the identity claimed …” (IC 9B.5.1).
Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine
… that the signature on the record is the signature of the individual” (IC 9B.5.1).
Acknowledgment of Principal: “An acknowledgment does not need to be signed in your presence. The person who signed the document must appear before you and acknowledge they are the signer and that they signed it” (HNP).
Proofs
...
Authority: “Proof of the due and voluntary execution and delivery of a deed or other instrument may be made before any officer authorized to take acknowledgments, by one competent person other than the vendee or other person to whom the instrument is executed, in the following cases:
“1. If the grantor dies before making the acknowledgment.
“2. If the grantor’s attendance cannot be procured.
“3. If, having appeared, the grantor refuses to acknowledge the execution of the instrument” (IC 558.31).Subpoenas: “An officer having power to take the proof hereinbefore contemplated may issue the necessary subpoenas, and compel the attendance of witnesses residing within the county, in the manner provided for the taking of depositions” (IC 558.33).
Verifications on Oath or Affirmation
Definition: “‘Verification on oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (IC 9B.2.16).
Requirements
Identity of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and making the verification has the identity claimed
…” (IC 9B.5.2).
Signature of Principal: “A
“To notarize the jurat without administering the oath can affect the validity of the document” (HNP).
Since a document containing a verification on oath or affirmation must be signed in the Notary’s presence the “Handbook for Iowa Notaries Public” contains the following question and answer: “What if the document is already signed when brought to me for notarizing? – If the documentnotarial officer who takes a verification of a statement on oath or affirmation shall determine … that the signature on the statement verified is the signature of the individual” (IC 9B.5.2).
Since a document containing a verification on oath or affirmation must be signed in the Notary’s presence the “Handbook for Iowa Notaries Public” contains the following question and answer: “What if the document is already signed when brought to me for notarizing? – If the document has already been signed, and the notarial act is not an acknowledgment, the notary should ask the signer to sign the document again, either above or below the signature” (HNP). This instruction is applicable for signature witnessings (see below) as well.
Signature Witnessings
Requirements: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and signing the record has the identity claimed” (IC 9B.5.3).
“Does witnessing/attesting a signature require the document be signed in the presence of the notary? YES. If the notary certificate states “subscribed and sworn/affirmed to me...,” then it must be signed in the notary’s presence” (HNP).
Copy Certifications
Definition: “A certified copy is a document that has been verified as an accurate reproduction of the original, privately held document” (HNP).
Requirements: “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 record or item” (IC 9B.5.4).
“Is it acceptable to notarize photocopies and carbon copies of documents? Copy certification is an act where the notary determines that a photocopy is a full, true, and accurate reproduction of an original, privately held document. The typical types of documents for copy certification are business documents, diplomas, passports, and copies of letters. Notaries must avoid certifying copies of documents that are public records, such as birth certificates, death certificates, court records, and deeds” (HNP).Paper Copy of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record as provided in section 9B.14A” (IC 9B.4.2A).
Protests
Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notarial officer as provided in chapter 9B or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person” (IC 554.3305.2).
Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section 554.3505, subsection 2” (IC (9B.5.5).
The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (IC 554.3305.2).
STANDARDS OF PRACTICE
Personal Appearance
Definition: “‘Personal appearance’ means an act of a party to physically appear within the presence of a notarial officer at the time the notarial act is performed…. ‘Personal appearance’ does not include appearances which require video, optical, or technology with similar capabilities” (IC 9B.2.10).
Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer” (IC 9B.6).
Remote Notarial Acts: “A remotely located individual may comply with [IC] section 9B.6 by using communication technology to appear before a notary public” (IC 9B.14A.3).
Identification
Notarial Acts: For acknowledgments, verifications on oath or affirmation and for witnessing or attesting a signature, positive identification of the signer through “personal knowledge” or “satisfactory evidence” is required (IC 9B.5).
Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the notarial officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (IC 9B.7.1).
Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the notarial officer can identify the individual pursuant to any of the following:
“a. By means of any of the following:
“(1) A passport, driver’s license, or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act.
“(2) Another form of government identification issued to an individual, which is current or expired not more than three years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the notarial officer.
“b. By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the notarial officer or whom the notarial officer can identify on the basis of a Oath of Principal: “A verification contains the words ‘signed and sworn (or affirmed) before me….’ When this language is used, you must verbally administer an oath to the signer prior to the execution of the document. An oath can be administered as follows: ‘Do you swear that the statements in this document are true?’ When a person is unable to ‘swear’ due to personal or religious beliefs, the following oath may be used: ‘Do you affirm that the statements contained in this document are true?’” (HNP).
“To notarize the jurat without administering the oath can affect the validity of the document” (HNP).Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation (IC 9B.16.3) states, “Signed and sworn to (or affirmed) before me …” indicating that the Notary Public performing the verification must personally witness the principal sign the record.
Signature Witnessings
Requirements
Identity of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and signing the record has the identity claimed” (IC 9B.5.3).
Signature of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and signing the record has the identity claimed” (IC 9B.5.3).
“Does witnessing/attesting a signature require the document be signed in the presence of the notary? YES. If the notary certificate states “subscribed and sworn/affirmed to me...,” then it must be signed in the notary’s presence” (HNP).Witness Signature: The short form certificate of notarial act for a signature witnessing (IC 9B.16.4) states, “Signed or attested before me …” indicating that the Notary Public performing the signature witnessing must personally witness the principal sign the record.
Copy Certifications
Definition: “A certified copy is a document that has been verified as an accurate reproduction of the original, privately held document” (HNP).
Requirements
Full, True, and Accurate Copy: “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 record or item” (IC 9B.5.4).
Authorized and Unauthorized Records: “Copy certification is an act where the notary determines that a photocopy is a full, true, and accurate reproduction of an original, privately held document. The typical types of documents for copy certification are business documents, diplomas, passports, and copies of letters. Notaries must avoid certifying copies of documents that are public records, such as birth certificates, death certificates, court records, and deeds” (HNP).
Paper Copy of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record as provided in section 9B.14A” (IC 9B.4.2A).
Protests
Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notarial officer as provided in chapter 9B or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person” (IC 554.3305.2).
Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section 554.3505, subsection 2” (IC (9B.5.5).
The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (IC 554.3305.2).
STANDARDS OF PRACTICE
Personal Appearance
Definition: a. “‘Personal appearance’ means an act of a party to physically appear within the presence of a notarial officer at the time the notarial act is performed.
“b. Except as provided in section 9B.14A, “personal appearance” does not include appearances which require video, optical, or technology with similar capabilities” (IC 9B.2.10).Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer” (IC 9B.6).
Remote Notarial Acts: “A remotely located individual may comply with [IC] section 9B.6 by using communication technology to appear before a notary public” (IC 9B.14A.3).
Identification
Notarial Acts: For acknowledgments, verifications on oath or affirmation and for witnessing or attesting a signature, positive identification of the signer through “personal knowledge” or “satisfactory evidence” is required (IC 9B.5).
Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the notarial officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (IC 9B.7.1).
Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the notarial officer can identify the individual pursuant to any of the following:
“a. By means of any of the following:
“(1) A passport, driver’s license, or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act” (IC act.
“(2) Another form of government identification issued to an individual, which is current or expired not more than three years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the notarial officer.
“b. By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the notarial officer or whom the notarial officer can identify on the basis of a passport, driver’s license, or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act” (IC 9B.7.2).Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (IC 9B.7).
Remote Notarial Acts
Definition: “'Identity proofing' means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (IC 9B.14A.1.c).
Requirement: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if…
“a. The notary public has any of the following:
“(1) Personal knowledge under [IC] section 9B.7, subsection 1, of the identity of the individual.
“(2) Satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under [IC] section 9B.7, subsection 2, or this section.
“(3) Obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing (IC 9B.14A.3.a).Credential Analysis Standards: “[C]redential analysis must be performed by a third-party credential service provider whose methods and standards are substantially similar to those defined in the most recent edition of the National Institute of Standards and Technology’s Digital Identity Guidelines, and that has provided evidence to the notary public of the ability to satisfy the following requirements: …
“b. Credential analysis is performed utilizing public and proprietary data sources to verify the credential presented by the principal.
“c. Credential analysis shall, at a minimum, do all of the following:
“(1) Use automated software processes to aid the notary public in verifying the identity of a principal or any credible witness;
“(2) Ensure that the credential passes an authenticity test, substantially similar to those defined in the most recent edition of the National Institute of Standards and Technology’s Digital Identity Guidelines, that:
“1. Uses appropriate technology to confirm the integrity of visual, physical, or cryptographic security features;
“2. Uses appropriate technology to confirm that the credential is not fraudulent or inappropriately modified;
“3. Uses information held or published by the issuing source or authoritative source(s), as available, to confirm the validity of personal details and credential details; and
“4. Provides output of the authenticity test to the notary public.
“(3) Enable the notary public to visually compare the following for consistency: the information and photo, if the credential presented contains a photo, presented on the credential itself and the principal as viewed by the notary public in real time through audiovisual transmission.
“d. If the principal must exit the workflow, the principal must meet the criteria outlined in this rule and must restart the identity proofing and credential analysis from the beginning” (IAC 721-43.9[2]b and c).Identity Proofing Standards: “Identity proofing … must be performed by a third-party credential service provider whose methods and standards are substantially similar to those defined in the most recent edition of the National Institute of Standards and Technology’s Digital Identity Guidelines, and that has provided evidence to the notary public of the ability to satisfy the following requirements:
“a. Identity proofing is performed through dynamic knowledge-based authentication which meets the following requirements:
“(1) Principal must answer a quiz consisting of a minimum of five questions related to the principal’s personal history or identity, formulated from public and proprietary data sources;
“(2) Each question must have a minimum of five possible answer choices;
“(3) At least 80 percent of the questions must be answered correctly;
“(4) All questions must be answered within two minutes;
“(5) If the principal fails the first attempt, the principal may retake the quiz one time within 24 hours;
“(6) During the retake, a minimum of 60 percent of the prior questions must be replaced;
“(7) A principal who fails the second attempt is not permitted to retry with the same notary public for 24 hours; and
“(8) A principal who fails the third attempt is not permitted to make any further attempts” (721 IAC 43.9[2]a).
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Specific Grounds: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
“a. The individual executing the record is competent or has the capacity to execute the record; or
“b. The individual’s signature is knowingly and voluntarily made” (IC 9B.8.1).Competence: “Do not notarize the document if you have a reasonable belief that the person signing the document is not aware of the significance of the transaction” (website, “2 Steps of Notarization”).
“Always keep these important points in mind when you notarize documents: … You must assess whether each document signer is competent” (HNP).
“Do NOT notarize the document if you have a reasonable belief that the person signing the document is not aware of the significance of the transaction” (HNP).Duress or Coercion: “Make sure the signer is not being forced to sign the document. If you suspect coercion, refuse to notarize” (HNP).
General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter” (IC 9B.8.2).
Customers: “A notarial officer shall not condition the performing of notarial services upon the requirement that the person served be a customer or client of the establishment by which the notarial officer is employed. The employer of a notary public shall not condition the performing of a notarial service upon the requirement that the person served be a customer or client of the establishment by which the notary public is employed” (IC 9B.8.3).
“A notary in Iowa may charge a reasonable fee for the notary’s services. However, a notary cannot refuse to perform a service because a person is not a client/customer, nor may the notary’s employer restrict the notary from providing services because a person is not a client/customer of the employer” (HNP).
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Personal or Spouse: “A notarial officer shall not perform a notarial act with respect to a record to which the notarial officer or the notarial officer’s spouse is a party, or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (IC 9B.4.2).
“A notarial officer shall not perform a notarial act that creates a conflict of interest as prohibited in Iowa Code section 9B.4(2). For purposes of this rule, 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)” (IAC 721-43.4).
“Pursuant to Iowa Code Section 9B.4, a notary is prohibited from performing a notarial act with respect to a record the notary or notary’s spouse is a party or has a direct beneficial interest. Such a notarial act is voidable” (website, “Frequently Asked Questions”). “Except as otherwise provided in section 9B.4, subsection 2, the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter 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 law of this state other than this chapter or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts” (IC 9B.26.1).Corporate Notarial Acts: “The validity of a notarial act shall not be affected or impaired by the fact that the notarial officer performing the notarial act is an officer, director, or shareholder of a corporation that may have a beneficial interest or other interest in the subject matter of the notarial act” (IC 9B.26.2).
Corporate Notarial Acts: “The validity of a notarial act shall not be affected or impaired by the fact that the notarial officer performing the notarial act is an officer, director, or shareholder of a corporation that may have a beneficial interest or other interest in the subject matter of the notarial act” (IC 9B.26.2).
Incomplete Documents
“Scan the document for any blanks. If the blanks are meant to be left unfilled, the signer must line through each space or write ‘not applicable.’ DO NOT advise the signer on filling in blanks. Instead, refer the signer to the signer’s attorney or other appropriate person” (HNP).
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Applicable Law
Uniform Electronic Transactions Act: Iowa has adopted the Uniform Electronic Transactions Act, including the provision on notarization and acknowledgment (IC 554D.113): “If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.”
Revised Uniform Law on Notarial Acts: Iowa has enacted the Revised Uniform Law on Notarial Acts provisions regarding the notarization of electronic records in its Notary statutes. These provisions are summarized below.
Iowa Administrative Code (IAC), Secretary of State (721) Division IV, Chapter 43: The Iowa Secretary of State has adopted rules regarding the notarization of electronic records. These rules are summarized below.
Technology Systems
Approval of System Providers: Not required.
List of System Providers: Not provided.
Tamper-Evident Technology: “A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected” (IC 9B.20.a).
Technology Neutrality: “Any rules adopted with respect to the performance of notarial acts on electronic records shall not require or favor one technology or technical specification over another” (IC 9B.27).
Remote Notarial Acts
Remote Notarial Acts
Applicable Law
Revised Uniform Law on Notarial Acts: Iowa has enacted the Revised Uniform Law on Notarial Acts amendments regarding notarizations for remotely located individuals. These provisions are summarized below.
Iowa Administrative Code (IAC), Secretary of State (721) Division IV, Chapter 43: The Iowa Secretary of State has adopted rules regarding remote online notarization. These rules are summarized below.
Technology Systems
Approval of System Providers: Required. Provisions in the Iowa Administrative Code require Notaries to use approved systems of communication technology. The Administrative Code outlines detailed requirements for the approval of technology providers and systems which are outside of the scope of this publication. See IAC 721-45345.10 and 11 for these rules.
List of Approved System Providers: For a list of approved technology system providers for use by Iowa Notaries see https://sos.iowa.gov/covid19/remotenotarization/form.aspx.
Confirmation of Record: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if… [t]he notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature” (IC 9B.14A.3.b).
Audiovisual Recording: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if… [t]he notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act” (IC 9B.14A.3.c).
Principal Located Outside the U.S.: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if… [f]or a remotely located individual located outside the United States, all of the following applies:
“(1) The record complies with any of the following:
“(a) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States.
“(b) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States.
“(2) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located” (IC 9B.14A.3.d).Communication Technology Requirements: “A notary public may not perform a notarial act for a remotely located individual unless the technology identified by the notary public pursuant to Iowa Code section 9B.14A(7) as enacted by 2019 Iowa Acts, chapter 44, section 6, satisfies all of the following:
“a. Has been approved by the secretary of state in accordance with this chapter.
“b. Provides continuous, synchronous audiovisual feeds.
“c. Provides sufficient video resolution and audio clarity to enable the notary public and remotely located individual to see and speak with each other simultaneously through live, real-time transmission.
“d. Provides sufficient captured image resolution for identity proofing performed in accordance with Iowa Code section 9B.14A(3) as enacted by 2019 Iowa Acts, chapter 44, section 6.
“e. Provides a means of authentication that reasonably ensures only authorized parties have access to the audiovisual record of the performed notarial act.
“f. Provides for the recording of the electronic notarial act in compliance with this chapter and Iowa Code section 9B.14A as enacted by 2019 Iowa Acts, chapter 44, section 6, in sufficient quality to ensure the verification of the electronic notarial act.
“g. Ensures that any change to or tampering with an electronic record before or after the electronic notarial seal has been affixed and the electronic notarial act has been completed is evident.
“h. Provides confirmation that the electronic record presented is the same electronic record notarized.
“i. Provides a means of electronically affixing the notary’s official stamp to the notarized document.
“j. Provides an electronic notary journal that complies with the provisions of this chapter to document the electronic notarial acts.
“k. Provides security measures the secretary of state deems reasonable to prevent unauthorized access to:
“(1) The live transmission of the audiovisual communication.
“(2) A recording of the audiovisual communication.
“(3) The verification methods and credentials used in the identity proofing procedure.
“(4) The electronic records presented for online notarization.
“(5) Any personally identifiable information used in the identity proofing or credential analysis” (IAC 721-43943.9[1]).
Withholding Records
“Except as otherwise allowed by law, a notary public 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 public” (IC 9B.25.5).
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“Can I be sued for a notarization I make? Yes, a notary can be sued. The most frequent causes of lawsuits are notarization of a signature not made in the notary’s presence and the notary’s failure to positively identify the signer. Use reasonable care to protect yourself against being sued. Knowing and understanding the law and your responsibilities as a notary will reduce your risk of liability” (HNPyour responsibilities as a notary will reduce your risk of liability” (HNP).
Validity of Notarial Acts
“Except as otherwise provided in [IC] section 9B.4, subsection 2, the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter 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 law of this state other than this chapter or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts” (IC 9B.26.1).
CERTIFICATE OF NOTARIAL ACT
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Acknowledgment by Representative (IC 9B.16.b2) State of __________ This record was acknowledged before me on __________ (date) by __________ (name of individual[s]) as __________ (type of authority, e.g., officer or trustee) of __________ (name of party on behalf of whom record was executed). (Signature of notarial officer) (Stamp) |
Verification on Oath or Affirmation (IC 9B.16.c3) State of __________ Signed and sworn to (or affirmed) before me on __________ (date) by __________ (name of individual[s] making statement). (Signature of notarial officer) (Stamp) |
Signature Witnessing or Attestation (IC 9B.16.d4) State of __________ Signed before me on __________ (date) by __________ (name of individual[s]). (Signature of notarial officer) (Stamp) |
Copy Certification (IC 9B.16.e5) State of __________ I certify that this is a true and correct copy of a record in the possession of __________. Dated __________ (Signature of notarial officer) (Stamp) |
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Sufficiency of Certificate
Notarial Acts: “3. A “A certificate of a notarial act is sufficient if it meets the requirements of subsections 1 and 2 and any of the following apply:
“a. It is in a short form set forth in [IC] 9B.16.
“b. It is in a form otherwise permitted by the law of this state.
“c. It is in a form permitted by the law applicable in the jurisdiction in which the notarial act is performed.
“d. It sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in [IC] 9B.5, 9B.6, and 9B.7, or a law of this state other than this chapter” (IC 9B.15.3).Remote Notarial Acts: “A short-form certificate provided in [IC] section 9B.16 for a notarial act subject to this section is sufficient if any of the following applies:
“a. It complies with rules adopted under [IC 9B.14A] subsection 8, paragraph ‘a’.
“b. It is in the form provided in section 9B.16 and contains a statement substantially as follows: ‘This notarial act involved the use of communication technology’” (IC 9B.14A.5).
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Tangible Records: “If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record” (IC 9B.15.6).
Electronic Records: “If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record” (IC 9B.15.6).
RulemakingStandards: “If the secretary of state has established standards pursuant to [IC] 9B.27 for attaching, affixing, or logically associating the certificate, the process must conform to the standards.” (IC 9B.15.6).
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SEAL AND SIGNATURE
Definitions
Official Stamp: “‘Official stamp’ means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record” (IC 9B.2.98).
Stamping Device: “‘Stamping device’ means:
“(a) A physical device capable of affixing to a tangible record an official stamp; or
“(b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (IC 9B.2.14).
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Notarial Acts
Inked Rubber Stamp: “The official stamp of a notary public must … [b]e capable of being copied together with the record to which it is affixed or attached or with which it is logically associated. If the official stamp contains a blank line, the person must print the date that the notary public’s term would ordinarily expire on the blank line imprinted on each record subject to a notarial act” (IC 9B.17.1.b).
Shape and Size: Not specified.
Components: Commissioned Notary Public (IC 9B.17.1.a):
Notary’s name exactly as on commission certificate;
“Notarial Seal” and “Iowa”;
“Commission Number” followed by number assigned by the Secretary of State;
“My Commission Expires” followed by:
a. Commission expiration date; or
b. Blank line on which Notary indicates commission expiration date by hand.*Any other information required by the state.
* Blank line: “If the official stamp contains a blank line, the person must print the date that the notary public’s term would ordinarily expire
on the blank line imprinted on each record subject to a notarial act” (
IC 9B.17.1.b).”
Other Notarial Officers:
Notarial officer’s name;
“Notarial Seal” and “Iowa”;
Title under which officer is empowered to perform notarial acts under IC 9B.10, 9B.6 or 9B.4.
In-Person Electronic Notarial Acts: Not specified.
Remote Notarial Acts: Not specified.
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The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals official stamps (shaded) which are allowed by Iowa law. Formats other than these may also be permitted.
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“A notary public shall protect from unauthorized access the recording of a notarial act pursuant to Iowa Code section 9B.14A(3)‘c’ as enacted by 2019 Iowa Acts, chapter 44, section 6, “c” and any “personally 'personally identifiable information” as defined in Iowa Code section 9B.14C(1) as enacted by 2019 Iowa Acts, chapter 44, section 8, disclosed during the performance of an electronic notarial act using audiovisual communications, except as permitted pursuant to Iowa Code sections 9B.14C(2) and 9B.14C(3) as enacted by 2019 Iowa Acts, chapter 44, section 8” (721 IAC 14C(3)” (IAC 721-43.7).
Retention of Records
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Authenticating certificates for Notaries, including apostilles, are issued only by the Iowa Secretary of State’s office (IC 9B.21B.3).
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.
Address: Office of Secretary of State
Attention: Business Services
Lucas Building, 1st Floor
321 East 12th Street
Des Moines, IA 50319Phone: 515-281-5204
Procedure
Copy or Fax: To avoid loss of the original notarized document, the Secretary of State’s office requires only that a copy or fax of the original
be submitted (website, “Apostille or Certification Request Form”).
Request Form: The “Apostille or Certification Request Form” may be downloaded here: https://sos.iowa.gov/business/pdf/APCERT.pdf and must be submitted with the copies of documents for an Apostille or certification.
In-Person Requests: Walk-in requests are available from 8:00 a.m. and 3:30 p.m. Monday through Friday (website, “Apostille or Certification Request Form”).
Fee: $5 per Apostille or certification. Fees are payable by credit card (Visa, MasterCard, or Discover) or by check payable to “Iowa Secretary of State” (website, “Apostille or Certification Request Form”).
Return Delivery: Apostilles and certifications will be mailed via USPS to the party named on line one of the “Apostille or Certification Request Form.” If expedited service is requested (e.g., return shipping by FedEx), a prepaid shipping label must be provided
An(website, “Apostille or Certification Request Form”
).
© 2024 National Notary Association.