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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).
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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 notarial 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.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).
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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
Selection by Notary: “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).
Standards: “If the secretary of state has established standards for approval of technology pursuant to 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
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 721-45.10 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 721-43.9[1]).
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“1. A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by:
“a. A notary public of the tribe;
“b. A judge, clerk, or deputy clerk of a court of the tribe; or
“c. Any other individual authorized by the law of the tribe to perform the notarial act.
“2. The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“3. The signature and title of a notarial officer described in subsection 1, paragraph ‘a’, or ‘b’, conclusively establish the authority of the officer to perform the notarial act” (IC 9B.12).
Notarial Acts Under
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Federal Law
“1. A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by any of the following:
“a. A judge, clerk, or deputy clerk of a court.
“b. An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law.
“c. An individual designated a notarial officer by the United States department of state for performing notarial acts overseas.
“d. Any other individual authorized by federal law to perform the notarial act.
“2. The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“3. The signature and title of a notarial officer described in subsection 1, paragraph ‘a’, ‘b’, or ‘c’, conclusively establish the authority of the notarial officer to perform the notarial act” (IC 9B.13).
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