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December 31, 2024

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Laws, Rules and Guidance

1. Laws:

   1. Alaska Statutes: Most Notary statutes are in the Alaska Statutes (AS), Title 44, Chapter 50, “Notaries Public” and Title 9, Chapter 63, Sections 09.63.050 through 09.63.100, which are cited as the “Uniform Recognition of Acknowledgments Act.”

   2. Citations: Citations to the Statute in this chapter follow this convention: AS, title, chapter, section, and any paragraph within the section, if applicable, in brackets. Example: AS 44.50.010[a][1].

2. Regulations:

   1. Alaska Administrative Code: Regulations implementing remote notarization are in the Alaska Administrative Code (AAC), Title 6, Chapter 88, Sections 88.010 through 88.990.

   2. Citations: Citations to the Code in this chapter follow this convention: Title, AAC, chapter, section, and any paragraph within the section, if applicable, in brackets. Example: 8 AAC 88.020[b].

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COMMISSION AND APPOINTMENT

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The Lieutenant Governor’s website (https://aws.state.ak.us/NotaryDirectory/Commissions/Search) allows anyone to search the Alaska Notary database. The information provided for each Notary includes: type of commission (regular or limited governmental), commission serial number, commission term starting and expiration dates, and address.

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1. Definition

   1. Acknowledgment: “'[A]cknowledgment' 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” (AS 44.50.200[4]).

   2. Acknowledged Before Me: “The words ‘acknowledged before me’ mean that
      “(1) the person acknowledging
      “(A) appeared before the person taking the acknowledgment;
      “(B) acknowledged that the person executed the instrument;
      “(C) in the case of
      “(i) a natural person, acknowledged that the person executed the instrument for the purposes stated in it;
      “(ii) an officer or agent of a corporation, acknowledged that the person held the position or title set out in the instrument and certificate, acknowledged that the person signed the instrument on behalf of the corporation by proper authority, and acknowledged that the instrument was the act of the corporation for the purposes stated in it;
      “(iii) a member or manager of a limited liability company, acknowledged that the individual signed the instrument on behalf of the limited liability company by proper authority and executed the instrument as the act of the limited liability company for the purposes stated in it;
      “(iv) a partner or agent of a partnership, limited partnership, or limited liability partnership, acknowledged that the person signed the instrument on behalf of the partnership by proper authority and executed the instrument as the act of the partnership for the purposes stated in it;
      “(v) a person acknowledging as a principal by an attorney in fact, acknowledged that the person executed the instrument by proper authority as the act of the principal for the purposes stated in it;
      “(vi) a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, acknowledged that the person signed the instrument in the capacity and for the purposes stated in it; and
      “(2) the person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging is the person named in the instrument or certificate” (AS 09.63.090).

   3. In a Representative Capacity: In a representative capacity means “acting as
      “(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; or
      “(D) an authorized representative of another in any other capacity” (AS 44.50.200[9]).

2. Requirements

   1. Personal Appearance: An acknowledger must appear before the Notary and indicate to the Notary that the acknowledger voluntarily affixed his or her signature on the document for the purposes stated in the document (AS 09.63.070[1]; 09.63.090[1][A]; 44.50.062[5][A]).

   2. Identification: The person taking an acknowledgment either must know or have satisfactory evidence that the person acknowledging is the person described in and who executed the instrument (AS 09.63.070[2]).

   3. Declaration

      1. The person acknowledging must acknowledge having executed the instrument (AS 09.63.090[1]).[B]; 44.50.200[4]).

      2. If the record is signed in a representative capacity, the person acknowledging must acknowledge or declare that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record (AS 44.50.200[4]).

   4. Certifications: “The person taking an acknowledgment shall certify that
      “(1) the person acknowledging appeared before the person taking the acknowledgment and acknowledged that the person executed the instrument; and
      “(2) the person acknowledging was known to the person taking the acknowledgment or the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument” (AS 09.63.070).

   5. Acknowledge Signature Made Before Notary: “When a document contains an acknowledgment, it does not have to be signed in a notary’s presence, but the document signer must still appear before the notary to acknowledge that he or she signed the document and agrees to the contents. But this practice is not recommended because any discrepancy between the date of the signature and the date of the notarization may cause those unfamiliar with this aspect of notary law to question the validity of the notarization. To avoid this potential problem it is recommended that all signatures take place in the presence of the notary during the notarization” (website, “Frequently Asked Questions” > “What is the difference between a jurat and an acknowledgment?”).

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1. Jurats

   1. Definition: “A jurat is part of an affidavit in which the notary states that the affidavit was signed and sworn to before the notary. When a document contains a jurat, it must be signed in a notary’s presence, and the document signer must swear to the truthfulness of the statement in the document” (website, “Frequently Asked Questions”).

   2. Requirements: “A notary public may not … affix the notary public’s official seal to a document unless the person who is to sign the document … gives an oath or affirmation if required under law or if the notarial certificate states that the document was signed under oath or affirmation …” (AS 44.50.062[5][B]).

2. Verifications

   1. Requirements

      1. Oath or Affirmation:“When a document is required by law to be verified, the person required to verify it shall certify under oath or affirmation that the person has read the document and believes its content to be true” (AS 09.63.040[a]).

      2. Witness Signature Before Officer: “The person who makes the verification shall sig n sign it before a person authorized by law to take the person's oath or affirmation” (AS 09.63.040[b]).

      3. Notary Public Requirements:“If the verification is sworn to or affirmed before a notary public of the state, the notary public shall
         ”(1) affix on the document the
         “(A) notary public's official signature and official seal; and
         “(B) date of expiration of the notary public's commission; and
         ”(2) comply with AS 44.50.060 44.50.065 and other applicable law” (AS 09.63.040[d]).

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The below typical, actual-size examples of rubber stamp, embossinga traditional seal, embosser, and electronic Notary seals seal (shaded) are allowed by Alaska law. Other formats may also be permitted.

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