Colorado - U.S. Notary Reference

Last Update: April 30, 2024

QUICK FACTS

Notary Jurisdiction

Statewide (CRS 24-21-510[1][a]).

Notary Term Length

Four years (CRS 24-21-521[6]).

Notary Bond

Not required.

Notary Seal

Required (CRS 24-21-515[2]).

Notary Journal

Required (CRS 24-21-519[1]).

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ADMINISTRATION AND RULES

Commissioning and Regulating Official

The Colorado Secretary of State commissions (CRS 24-21-521[6]), regulates (CRS 24-21-527), and may investigate and take disciplinary action against the commission of Colorado Notaries (CRS 24-21-523).

Contact Information

1. Address: Office of Secretary of State
   Business and Licensing Division
   Notary Program
   1700 Broadway, Suite 200
   Denver, CO 80290

2. Phone: 303-894-2200

3. Website: https://www.coloradosos.gov/pubs/notary/home.html?menuheaders=7

Laws, Rules and Guidelines

1. Laws: Most Notary statutes are in the Colorado Revised Statutes (CRS), Title 24, Article 21, Part 5 (“Revised Uniform Law on Notarial Acts”):

2. Rules: Rules regulating electronic notarization are in the Code of Colorado Regulations' (CCR) “Rules Concerning Electronic Notarization” (8 CCR 1505-11).

3. Guidelines: Other guidelines for Notaries are in the “Notary Handbook” (NH) (Revised April 24, 2024) issued by the Secretary of State and available on the website.

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COMMISSION AND APPOINTMENT

Commission Process

1. Qualifications: “An applicant for a commission as a notary public must:
   “(a) Be at least eighteen years of age;
   “(b) Be a citizen or permanent legal resident of the United States or otherwise lawfully present in the United States;
   “(c) Be a resident of or have a place of employment or practice in this state;
   “(d) Be able to read and write English;
   “(e) Not be disqualified to receive a commission under section 24-21-523; and
   “(f) Have passed the examination required under section 24-21-522(1)” (CRS 24-21-521[3]).

2. Lawful Presence: “The secretary of state shall verify the lawful presence in the United States of each applicant by:
   “(a) Accepting one of the following documents from the applicant:
   “(I) A United States military card or a military dependent’s identification card;
   “(II) A United States Coast Guard Merchant Mariner card;
   “(III) A Native American tribal document;
   “(IV) A valid Colorado driver’s license or a Colorado identification card issued pursuant to article 2 of title 42, unless the applicant holds a license or card issued pursuant to part 5 of article 2 of title 42;
   “(V) A valid driver’s license or identification card issued by another state, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States that is compliant with the federal “REAL ID Act”, as amended;
   “(VI) A valid United States passport;
   “(VII) A valid United States permanent resident card; or
   “(VIII) Any other valid type of identification that requires proof of lawful presence in the United States to obtain; and
   “(b) Executing an affidavit stating that the applicant is:
   “(I) A United States citizen or legal permanent resident; or
   “(II) Otherwise lawfully present in the United States pursuant to federal law” (CRS 24-21-521[4]).

3. Course: “The secretary of state or an entity approved by the secretary of state shall offer regularly a course of study to applicants who do not hold commissions as notaries public in this state. The course must cover the laws, rules, procedures, and ethics relevant to notarial acts. The office of the secretary of state may enter into a contract with a private contractor or contractors to conduct notary training programs. The contractor or contractors may charge a fee for any such training program” (CRS 24-21-522[2]).
   “No more than 90 days before renewing a commission, a notary must successfully complete training and pass the exam administered by the Secretary of State” (8 CCR 1505-11 Rule 2.1.3).

4. Exam: “An applicant for a commission as a notary public who does not hold a commission in this state must pass an examination administered by the secretary of state or an entity approved by the secretary of state. The examination must be based on the course of study described in subsection (2) of [CRS 24-21-522]” (CRS 24-21-522[1]).
   As noted above, a Notary who renews his or her commission must pass the examination administered by the Secretary of State.

5. Application: Applicants for a Colorado Notary commission must apply online. The application process requires applicants to scan and upload a signed and notarized affirmation form, a photocopy of both sides of an acceptable identification document, the certificates evidencing completion of an approved Notary training course and passage of the online Notary exam.
   “The secretary of state shall verify the lawful presence in the United States of each applicant by:
   “(a) Accepting one of the following documents from the applicant:
   “(I) A United States military card or a military dependent’s identification card;
   “(II) A United States Coast Guard Merchant Mariner card;
   “(III) A Native American tribal document;
   “(IV) A valid Colorado driver’s license or a Colorado identification card issued pursuant to article 2 of title 42, unless the applicant holds a license or card issued pursuant to part 5 of article 2 of title 42;
   “(V) A valid driver’s license or identification card issued by another state, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States that is compliant with the federal “REAL ID Act”, as amended;
   “(VI) A valid United States passport;
   “(VII) A valid United States permanent resident card; or
   “(VIII) Any other valid type of identification that requires proof of lawful presence in the United States to obtain; and
   “(b) Executing an affidavit stating that the applicant is:
   “(I) A United States citizen or legal permanent resident; or
   “(II) Otherwise lawfully present in the United States pursuant to federal law” (CRS 24-21-521[4]).
   Once an application has been approved, the Notary will be sent an email notification. The Notary may then print his or her commission certificate from the website. This commission certificate must be presented to an office supplier in order to obtain a Notary seal or stamp and a journal (website, “Notary Public FAQs – Applying and renewing”).

6. Background Screening: Not required.

7. Non-Residents: Non-residents of Colorado may become Notaries in the state if they have a place of employment or practice in Colorado (CRS 24-21-521[3][c]).

8. Reappointment: Renewing Notaries may apply online up top 90 days before their commission expires. Renewing Notaries must complete an approved Notary training and pass the online Notary exam (see “Exam” above). Otherwise, they need only submit a scanned photocopy of their acceptable ID (see “Application,” above) and the $10 filing fee (website, “Notary Public FAQs – Applying and renewing”).

9. 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” (CRS 24-21-521[7]).

Notification to Perform In-Person and Remote Notarial Acts

1. 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 section 24-21-527, 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” (CRS 24-21-520[b]).

   1. Notice of Intent: “A notary must submit a notice of intent on the approved form and receive approval from the Secretary of State before the notary may electronically notarize a document. A new applicant may file the intent at the time of application but may only electronically notarize a document after he or she has been commissioned and approved. If the applicant intends to use a different electronic signature than a DAN [document authentication number], the applicant must attach an example of the electronic signature, a description of the electronic signature technology, and contact information for the technology’s supplier or vendor” (8 CCR 1505-11, Rule 2.2.1).

   2. Expiration of Approval: “(a) Approval [to notarize electronically] automatically expires:
      “(1) Upon revocation, expiration, or resignation of the notary’s commission;
      “(2) 30 days after the notary’s name changes unless the notary previously submitted a name change;
      “(3) Upon conviction of a felony;
      “(4) Upon conviction of a misdemeanor involving dishonesty;
      “(5) If the notary no longer has a place of employment or practice or a residential address in the state of Colorado; or
      “(6) Upon the expiration or revocation of the technology described in the notification” (8 CCR 1505-11, Rule 2.2.6[a]).

   3. Destruction of Software, DANs: “If approval expires, the notary or the notary’s authorized representative must destroy all electronic notarization software and unused DANs [document authentication numbers] unless:
      “(1) The notary’s commission expired; and
      “(2) Within 30 days of the commission’s expiration, the Secretary of State recommissions the notary and the notary reregisters his or her electronic signature” (8 CCR 1505-11, Rule 2.2.6).

2. Remote Notarial Acts

   1. Requirement: “Before a notary public performs the notary public’s initial notarization using a remote notarization system, the notary public shall notify the secretary of state that the notary public will be performing remote notarizations and shall identify each remote notarization system that the notary public intends to use. The remote notarization system must conform to this part 5 and any rules adopted by the secretary of state. The notice must be submitted in the format required by the secretary of state and must:
      ”(a) Include an affirmation that the notary public has read and will comply with this section and all rules adopted by the secretary of state; and
      ”(b) Be accompanied by proof that the notary public has successfully completed any training and examination required by the secretary of state” (CRS 24-21-514.5[3]).

   2. Application: “(a) A notary public must submit a notice of intent on the approved application form and receive approval from the Secretary of State before the notary can remotely notarize a document. The notary must submit proof of successful completion of remote notarization training and examination and the required fee.
      ”(b) A notary public must already be commissioned as a Colorado notary public with Active status to be approved as a remote notary.
      ”(c) An individual may file the notice of intent when initially applying to become a Colorado notary public but may only remotely notarize a document after being commissioned and approved.
      ”(d) A remote notary public must renew every four years or until his or her regular notary public commission requires renewal, whichever date comes first. No more than 90 days before renewing his or her remote notary status, the remote notary public must successfully complete the renewal training, pass the required exam, and pay the required fee.
      ”(e) In applying to become a remote notary public or upon renewal, the individual must select at least one approved remote notarization system provider. An applicant may select multiple approved system providers” (8 CCR 1505-11, Rule 5.2.1).

   3. Expiration of Approval: “Approval automatically expires:
      ”(1) Upon revocation, expiration, or resignation of the notary’s commission;
      ”(2) 30 days after the notary’s name changes unless the notary previously submitted a name change.
      ”(3) Upon conviction of a felony;
      ”(4) Upon conviction of a misdemeanor involving dishonesty;
      ”(5) If the notary no longer has a place of employment or practice or a residential address in the state of Colorado; or
      ”(6) Upon the revocation of approval of the remote notarization system provider or the remote notarization storage provider used by the remote notary public unless the remote notary public either notified the Secretary of State of another provider or already has alternative providers on file with the Secretary of State as authorized by Rule 5.2.1(e)” (8 CCR 1505-11, Rule 5.2.9[a]).
      “If approval expires, the remote notary public or the notary’s authorized representative must delete the notary’s seal and electronic signature from the remote notary provider’s system and dispose of the journal and the audio-video recordings in accordance with sections 24-21-514.5(9)(c) and 24-21-519, C.R.S. unless within 30 days of the expiration, the Secretary of State reapproves the notary” (8 CCR 1505-11, Rule 5.2.9[b]).

   4. System Provider Changes: “A remote notary public must notify the Secretary of State in writing through the Secretary of State’s online system within 30 days after changing a remote notarization system provider or remote notarization storage provider” (8 CCR 1505-11, Rule 5.2.8)

Online Search

“The secretary of state shall maintain an electronic database of notaries public:
“(a) Through which a person may verify the authority of a notary public to perform notarial acts; and
“(b) Which indicates whether a notary public has notified the secretary of state that the notary public will be performing notarial acts on electronic records” (CRS 24-21-524)

On the website, through “Verify a notary,” the current status of Notary may be confirmed.

Jurisdiction

“A notarial act may be performed in this state by… [a] notary public of this state” (CRS 24-21-510[1][a]).

Term Length

“On compliance with [CRS 24-21-521], the secretary of state shall issue a commission as a notary public to an applicant for a term of four years, unless revoked in accordance with section 24-21-523” (CRS 24-21-521[6]).

Bond

Not required by law.

“Nothing in this part 5 shall be construed to deny a notary public the right to obtain a surety bond or insurance on a voluntary basis to provide coverage for liability” (CRS 24-21-531[3]).

Changes of Status

1. Name or Address Change: “A notary public shall notify the secretary of state within thirty days after he or she changes his or her name, business address, or residential address. In the case of a name change, the notary public shall include a sample of the notary’s handwritten official signature on the notice. Pursuant to section 24-21-104(3), the secretary of state shall determine the amount of, and collect, the fee, payable to the secretary of state, for recording notice of change of name or address” (CRS 24-21-530).

2. Resignation, Revocation, Expiration of Commission: “On resignation from, or the revocation of expiration of, the notary public’s commission, or on the expiration of the date set forth in the stamping device, if any, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (CRS 24-21-518[1]).
   Resignations may be filed electronically on the website. A printable resignation form also is available from the “Forms” link on the website.
   “What do I do if I no longer want to be a notary or if I need to resign my commission? — If you want or need to resign your commission, log in using your notary ID and password then scroll down to “Resign” under Actions on your summary page. Your commission will then no longer be in effect.” (website, “Notary Public FAQs – General questions”).

3. Incompetency or Death of Notary: “On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (CRS 24-21-518[1]).

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NOTARIAL ACTS

Authorized Acts

1. Notarial Acts: Colorado Notaries are authorized to perform the following notarial acts (CRS 24-21-502[6], except as otherwise noted):

   1. Take acknowledgments and proofs (CRS 38-30-136);

   2. Administer oaths and affirmations;

   3. Take depositions and other sworn testimony;

   4. Take verifications on oath or affirmation;

   5. Witness or attest signatures;

   6. Certify copies; and

   7. Note protests of a negotiable instruments.

2. In-Person Electronic and Remote Notarial Acts: Colorado 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

1. 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” (CRS 24-21-502[1]).
   “‘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” (CRS 24-21-502).

2. Requirements: “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 officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual” (CRS 24-21-505[1]).
   “In an acknowledgment, the notary is guaranteeing that: the signer was in the notary’s presence, the notary identified the signer, and the signer acknowledged that the signature on the document is his or hers. Technically, acknowledgments don’t have to be signed in the notary’s presence. However, the notarization must take place in the signer’s presence” (website, “Notary Public FAQs – Powers and duties”).
   “For some acknowledgments, client identification may have a second part. A signer may be acknowledging in a representative capacity. In such cases, the notary should identify the individual AND his or her capacity. The signer should attest to his capacity/or legal authority. It is not up to the notary to research their authority, make an ultimate determination, or to draw any legal conclusions. To do so is considered the unauthorized practice of law” (NH).
   In taking an acknowledgment, “[a] Notary must: …
   “Assess the client’s basic competence and understanding of the document. Again, a wise notary does not do any type of notarization for a client who is obviously not competent. However, a notary has a little more responsibility for this assessment on acknowledgments than on other types of notarizations.…
   “Be satisfied that the client is not under duress or being coerced to make the acknowledgment. Acknowledgments must be voluntary. They must be the “free will acts and deeds” of the client. For this reason, a notary who sees evidence of duress or coercion used to extract an acknowledgment from a client should not proceed with the notarization until and unless the duress issues are resolved to the notary’s satisfaction….
   “If a duress issue arises, how should a notary handle it? First, a notary should evaluate the situation. A notary should be sure s/he is dealing with a genuine duress question. Not everything that looks like coercion at first glance is an interference with a client’s ‘free will act and deed.’” (NH)
   “Best practice: Verify the signature on the previously signed document matches the signature on the ID and the signature in your journal” (NH).

Proofs

“When any deed or instrument of writing has been executed and not acknowledged according to law at the time of the execution thereof, such deed or instrument of writing may at any subsequent time be acknowledged by the makers thereof in the manner provided in this article, or proof may be made of the execution thereof before any officer authorized to take acknowledgments of deeds in the manner provided in this section. Such officer, when the fact is not within his own knowledge, shall ascertain from the testimony of at least one competent, credible witness, to be sworn and examined by him, that the person offering to prove the execution of such deed or writing is a subscribing witness thereto. Thereupon such officer shall examine such subscribing witness upon oath or affirmation, and shall reduce his testimony to writing and require the witness to subscribe the same, endorsed upon or attached to such deed or other writing, and shall thereupon grant a certificate that such witness was personally known or was proved to him by the testimony of at least one witness (who shall be named in such certificate) to be a subscribing witness to the deed or instrument of writing to be proved, that such subscribing witness was lawfully sworn and examined by him, and that the testimony of the said officer was reduced to writing and by said subscribing witness subscribed in his presence” (CRS 38-30-136[1]).

Oaths and Affirmations

1. Definitions: Oath means “[a] solemn, formal declaration or promise to tell the truth, made before a notary public, under penalty of perjury. Traditionally, the oath invokes reference to a deity ('under God') as witness” (NH).
   Affirmation means “[a] solemn declaration that the information contained in the document is true and accurate, made by persons who decline taking an oath for religious or conscientious reasons. An affirmation is equivalent to an oath and is just as binding” (NH).
   “‘Oaths,’ as used herein, is intended to include affirmations. There is a minor difference, however. An oath is defined as a vow, promise, pledge or solemn declaration that refers to a supreme being — e.g., ‘This is the truth, the whole truth, and nothing but the truth, so help me God’ or ‘I swear to God.’ Whereas an affirmation does not include the word ‘swear’ nor invoke a deity — e.g., ‘I solemnly affirm’ or ‘I affirm under penalty of perjury’ or the like” (NH).

2. Oath-Administering Officials: “All courts in this state and each judge, justice, magistrate, referee, clerk, and any deputy clerk thereof, members and referees of the division of labor standards and statistics, members of the public utilities commission, and all notaries public have power to administer oaths and affirmations to witnesses and others concerning any matter, thing, process, or proceeding pending, commenced, or to be commenced before them respectively. The courts, judges, magistrates, referees, clerks, and deputy clerks within their respective districts or counties, and notaries public within any county of this state, have the power to administer all oaths of office and other oaths required to be taken by any person upon any lawful occasion and to take affidavits and depositions concerning any matter or thing, process, or proceeding pending, commenced, or to be commenced in any court or on any occasion wherein such affidavit or deposition is authorized or by law required to be taken” (CRS 24-12-103).

3. Form of Oath: “Whenever any person is required to take an oath before he enters upon the discharge of any office, position, or business or on any other lawful occasion, it is lawful for any person employed to administer the oath to administer it in the following form: The person swearing, with his hand uplifted, shall swear ‘by the everliving God’” (CRS 24-12-101)

4. Form of Affirmation: “Whenever any person is required to take or subscribe an oath, and in all cases where an oath is to be administered upon any lawful occasion, and such person has conscientious scruples against taking an oath, he shall be permitted to make his solemn affirmation or declaration in the following form: ‘You do solemnly, sincerely, and truly declare and affirm’, which solemn affirmation or declaration is equally valid as if such person had taken an oath in the usual form; and every person guilty of falsely declaring shall incur and suffer the penalties inflicted on persons guilty of perjury in the first degree” (CRS 24-12-102).

5. Examples: The “Colorado Notary Handbook” provides the following sample oaths and affirmations: “Do you affirm (swear) under penalty of perjury that you are (Name of individual swearing or affirming) and that what you are about to say is true (so help you God)?”
   “Do you affirm (swear) under penalty of perjury that you are (Name of individual swearing or affirming) and that you have read and understand (document name) and that to the best of your knowledge and belief it is true (so help you God)?”
   “Do you affirm (swear) under penalty of perjury that you are (Name of individual swearing or affirming) and that you have executed this (insert type of document executed) and that it is your free act and deed (so help you God)?”

Depositions and Sworn Testimony

“The … notaries public within any county of this state, have the power … take affidavits and depositions concerning any matter or thing, process, or proceeding pending, commenced, or to be commenced in any court or on any occasion wherein such affidavit or deposition is authorized or by law required to be taken” (CRS 24-12-103).

Verifications on Oath or Affirmation

1. 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” (CRS 24-21-502[16]).
   “RULONA distinguished between an oral oath, or affirmation, and one made in written record. In a written record, it is called a ‘verification on oath or affirmation,’ or ‘verification of a statement on oath or affirmation.’ The requirements for performing them are the same as an oral oath, or affirmation” (NH).

2. Requirements: “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 officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual” (CRS 24-21-505[2]).
   “Many notaries miss important steps within the process. They watch the signing and fill out the notarial certificate, but omit the most important part of a jurat, the administration of the oath or affirmation. In that case, a client may sign a document without even being aware that s/he is supposedly swearing to it. The client may not even have read the document thoroughly, much less have been prepared to affirm to it under penalty of perjury.
   “Such a client may complain about the notary’s improper performance later and the Secretary of State will be forced to investigate the matter. After all, the notary is a public officer who has ‘carefully read the notary law of this state’ and has solemnly undertaken to perform all notarizations in conformance with that law (C.R.S. 24-21-521[5])” (NH).

Signature Witnessings

1. Definition: “When a signer appears and signs a document before a notary, the notary has witnessed a signature” (website, “Notary Public FAQs – Powers and duties”).

2. 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 officer and signing the record has the identity claimed” (CRS 24-21-505[3]).

Copy Certifications

1. Requirements: “A notarial officer who certifies 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” (CRS 24-21-505[4][a]).

2. Prohibitions: “A notarial officer shall not certify a copy of a record that can be obtained from any of
   the following offices in this state:
   “(i) A clerk and recorder of public documents;
   “(ii) The secretary of state;
   “(iii) The state archives; or
   “(iv) An office of vital records” (CRS 24-21-505[4][b]).
   “A notarial officer shall not certify a copy of a record if the record states on its face that it is illegal to copy the record” (CRS 24-21-505[4][c]).

3. Examples: “The Secretary of State’s office most frequently sees examples of notarized copies in the following areas:
   ”• Employment matters—e.g., diplomas, awards and honors, ratings;
   ”• Business affairs—e.g., licenses and permits, powers of attorney, contracts and agreements;
   ”• Adoptions—e.g., home studies, financial statements, health assessments;
   ”• International travel—e.g., passports, drivers’ licenses, other documents for backup of originals” (NH).

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public 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. 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” (CRS 4-3-505[b]).
   “Requests for notices of dishonor and protests are very rare. These ‘notices of dishonor’ are tied to fraudulent UCC filings or attempts to be relieved of responsibility for a debt, such as a mortgage. Lawful requests, made in accord with both the notary law and the UCC, are even rarer. They may, in fact, be nonexistent at this point. The world of commerce has now grown past any real need for a notary to be involved in this function” (NH).

2. Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section 4-3-505 (b) of the ‘Uniform Commercial Code’ (CRS 24-21-505[5][a]).

3. Prohibition: “A notary public shall not make or note a protest of a negotiable instrument unless the notary is an employee of a financial institution acting in the course and scope of the notary’s employment with the financial institution” (CRS 24-21-505[5][b]).

In-Person Electronic Notarial Acts

Definition: “‘Electronic notarization’ means a notary’s notarization of electronic records that includes the notary’s and the document signer’s electronic signatures” (8 CCR 1505-11, Rule 1.5).

“An e-notarization is a document in electronic format that is signed and notarized electronically, then filed or transmitted electronically to its intended destination. They may be used in transactions between private parties who agree to it (such as a contract that is notarized and then e-mailed between the parties)” (website, “Notary Public FAQs – Electronic notary information”).

Remote Notarial Acts

Definition: “'Remote notarization' means an electronic notarial act performed with respect only to an electronic record by means of real-time audio-video communication in accordance with section 24-21-514.5 and rules adopted by the secretary of state” (CRS 24-21-514.5[11.5]).

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STANDARDS OF PRACTICE

Personal Appearance

1. Requirement: “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” (CRS 24-21-506[1]).

2. Definition: “[A]pear personally means:
   ”(a) Being in the same physical location as another individual and close enough to see, hear, communicate with, and exchange tangible identification credentials with that individual; or
   ”(b) Interacting with a remotely located individual by means of real-time audio-video communication in compliance with section 24-21-514.5 and rules adopted by the secretary of state” (CRS 24-21-506[2]).

Identification

1. Notarial Acts

   1. Requirement: In taking an acknowledgment and verification on oath or affirmation, and witnessing or attesting a signature, a notarial officer, including a Notary Public, must determine, from personal knowledge or satisfactory evidence, that the individual appearing before the Notary has the identity claimed (CRS 24-21-505[1], [2] and [3]).

   2. Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (CRS 24-21-507).

   3. Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
      “(a) By means of:
      “(i) A passport, driver’s license, or government-issued nondriver identification card that is current or expired not more than one year before performance of the notarial act; or
      “(ii) Another form of government identification issued to the individual that is current or expired not more than one year before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer; or
      “(b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license, or government-issued nondriver identification card that is current or expired not more than one year before performance of the notarial act” (CRS 24-21-507[2]).

   4. Credible Witness: What requirements must the Notary using a Credible Witness satisfy? … RULONA states that the Credible Witness provides satisfactory evidence of identity “[b]y a verification on oath or affirmation.” … This means that the Credible Witness must provide a written statement (which can be a declaration or affidavit) that the Credible Witnesss wears to and has notarized by the same notary who is notarizing the Client’s separate document” (NH).
      What does the Credible Witness swear to/affirm in the written statement? … The Credible Witness should swear or affirm that the Credible Witness personally knows the Client; and … The Credible Witness should swear or affirm that the Client is the same person whose name appears in the document in question (i.e., the document that the Client will be signing or acknowledging and that requires notarization)” (NH).
      What happens to the Credible Witness’s sworn statement post-notarization? … After notarizing the Credible Witness’s signed sworn statement, the Notary may opt to keep a copy but is not required to do so. The Client may wish to keep it and/or attach the statement to the primary notarized document” (NH).
      See “Certificate of Notarial Act,” below for a sample credible witness verification on oath or affirmation statement.

   5. 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” (CRS 24-21-507[3]).

   6. Digital Personal Identification: Executive Order B 2019 013 issued by Colorado Governor Jared Polis on October 30, 2019 authorized Colorado Digital IDs to be accepted as legal in the state. A digital Colorado driver license and state identification may be accessed using the MyColorado app on an iOS (Apple) or Android mobile device. A Colorado Digital ID is an electronic alternative to these physical IDs, although the executive order urges Coloradans to continue to carry their physical driver license or identification card as a backup. The state will be working with federal agencies to ensure Colorado Digital IDs are REAL ID compliant and acceptable to the Transportation Security Administration (for the purpose of travel across the U.S. and worldwide).

2. Remote Notarial Acts

   1. Definitions

      1. “Remote presentation” means transmission to the notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the notary public to:
         ”(I) Identify the remotely located individual seeking the notary public’s services; and
         ”(II) Perform credential analysis” (CRS 24-21-514.5[1][e]).

      2. “'Credential' means a tangible record evidencing the identity of an individual” (CRS 24-21-514.5[1.7]).

      3. “'Credential analysis' means a process or service that complies with any rules adopted by the secretary of state through which a third party affirms the validity of a government-issued identification credential through the review of public or proprietary data sources” (CRS 24-21-514.5[1][a]).

      4. “'Dynamic, knowledge-based authentication assessment' means an identity assessment that is based on a set of questions formulated from public or private data sources for which the remotely located individual taking the assessment has not previously provided an answer and that meets any rules adopted by the secretary of state” (CRS 24-21-514.5[1][b]).

      5. “'Public key certificate' means an electronic credential that is used to identify a remotely located individual who signed an electronic record with the credential” (CRS 24-21-514.5[1][d]).

   2. Requirement: “A notary public shall determine from personal knowledge or satisfactory evidence of identity as described in subsection (6)(b) of this section that the remotely located individual appearing before the notary public by means of audio-video communication is the individual that he or she purports to be” (CRS 34-21-514.5[6][a]).

   3. Satisfactory Evidence for Remotely Located Individual: “A notary public has satisfactory evidence of identity if the notary public can identify the remotely located individual who personally appears before the notary public by means of audio-video communication by using at least one of the following methods:
      ”(I) The oath or affirmation of a credible witness who personally knows the remotely located individual, is personally known to the notary public, and is in the physical presence of the notary public or the remotely located individual during the remote notarization;
      ”(II) Remote presentation and credential analysis of a government-issued identification credential, and the data contained on the credential, that contains the signature and a photograph of the remotely located individual, and at least one of the following:
      ”(A) A dynamic, knowledge-based authentication assessment by a trusted third party that complies with rules adopted by the secretary of state;
      ”(B) A valid public key certificate that complies with rules adopted by the secretary of state; or
      ”(C) An identity verification by a trusted third party that complies with rules adopted by the secretary of state; or
      ”(III) Any other method that complies with rules adopted by the secretary of state” (CRS 34-21-514.5[6][b]).

Refusal of Services

1. 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” (CRS 24-21-508[1]).

2. Competence: “Regardless of which notarial act, or duty, a notary is performing, the notary has a duty to check that his/her client has basic comprehension of the document being signed. If a client is, for example, obviously drunk or drugged or otherwise disoriented, or too ill to communicate or know what is happening, or too young to understand the transaction at all, a notary should not perform the notarization. Such a client cannot meaningfully acknowledge a document or execute it as his/her own act and deed. Please note, while it is the ethical duty of the notary to make sure the client is capable of understanding what s/he is signing, it is not a duty that is codified in law. This assessment can be made in the course of a brief discussion of the transaction, by asking the client about the transaction, or just by asking if the client understands what the document is and whether s/he agrees with it” (NH).

3. General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this part 5” (CRS 24-21-508[2]).

Signature by Proxy

“If an individual is physically unable to sign a record, the individual may, in the presence of the notarial officer, direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert ‘signature affixed by (name of other individual) at the direction of (name of individual)’ or words of similar import under or near the signature” (CRS 24-21-509[1]).

Reasonable Accommodations

“A notary public may use signals or electronic or mechanical means to take an acknowledgment from, administer an oath or affirmation to, or otherwise communicate with any individual in the presence of the notary public when it appears that the individual is unable to communicate verbally or in writing” (CRS 24-21-509[2]).

Use of Interpreters

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

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]).

Unauthorized Practice of Law

1. No Authority: “A commission as a notary public does not authorize an individual to:
   “(a) Assist persons in drafting legal records, give legal advice, or otherwise practice law;
   “(b) Act as an immigration consultant or an expert on immigration matters;
   “(c) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or
   “(d) Receive compensation for performing any of the activities listed in this subsection (1)” (CRS 24-21-525[1]).

2. Selecting Notarial Act: “A notary does not decide which notarial act to perform for a particular document. A smart notary asks the client which notarial act is being requested. The client, may not know either, but should know who wanted the document notarized in the first place, or who the intended recipient is. From that person or entity, the client can find out which notarial act is required.
   “Why shouldn’t the notary make this determination?
   “1. This is not a responsibility assigned to the notary by law. Remember that the notary’s function is that of a disinterested witness.
   “2. This is not a responsibility the notary wants. It creates liabilities a notary should not take assume. There are situations in which the wrong notarization could render the document useless for its intended purpose. The notary should not be the one whose wrong decision delayed a client’s transaction or forced a client to re-execute a document.
   “3. This is a decision that may have legal implications—notaries who are not lawyers should not feel free to adopt “lawyer-like” responsibilities. To do so would be the unauthorized practice of law” (NH).

3. Unauthorized Legal Statements: “The document will be rejected [for an apostille or authentication] when the notary has exceeded his or her statutory authority, such as engaging in the unauthorized practice of law” (website, “Apostilles and Authentications – Common reasons for rejection).

4. Certain Powers of Attorney: “In some power of attorney documents, the notary may have exceeded their statutory authority, such as engaging in the unauthorized practice of law. Our office receives authentication requests for notarized POAs intended for use in foreign countries per an international agreement. These POAs frequently contain legal conclusions by the notary, including statements about the legal capacities of the parties involved. Some POAs indicate that the notary has read and explained the legal meaning of the document to the grantor. Unless the notary is also an attorney licensed to practice law in Colorado, notarizing these types of documents constitutes the unauthorized practice of law” (website, “Apostilles and Authentications – Common reasons for rejection).

Foreign-Language Documents

According to the Secretary of State, Notaries may notarize a document that is drafted in a foreign language. “Although the document may be in another language, the notary’s statement must be in English” (website, “Apostilles or authentications – General Information”).

False or Deceptive Advertising

1. General Prohibition: “A notary public may not engage in false or deceptive advertising” (CRS 24-21-525[2]).

2. ‘Notario Publico’: “A notary public, other than an attorney licensed to practice law in this state, shall not use the term ‘notario’ or ‘notario publico’” (CRS 24-21-525[3]).

3. Prohibited Representation: “A notary public, other than an attorney licensed to practice law in this state, shall not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law.” (CRS 24-21-525[4]).

4. Mandatory Notice: “If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: ‘I am not an attorney licensed to practice law in the state of Colorado and I may not give legal advice or accept fees for legal advice. I am not an immigration consultant, nor am I an expert on immigration matters. If you suspect fraud, you may contact the Colorado attorney general’s office or the Colorado supreme court.’ If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection (4) because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (CRS 24-21-525[4]).

5. Deceptive Trade Practice: “A notary public, other than an attorney licensed to practice law in this state, shall not engage in conduct that constitutes a deceptive trade practice pursuant to section 6-1-727” (CRS 24-21-525[5]).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: Colorado has adopted the Uniform Electronic Transactions Act, including the provision on notarization and acknowledgment (CRS 24-71.3-111): “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.”

   2. Revised Uniform Law on Notarial Acts: Effective July 1, 2018, Colorado adopted the Revised Uniform Law on Notarial Acts and implemented regulations in the Code of Colorado Regulations, thereby putting in place provisions enabling the performance of notarial acts with respect to electronic records. The provisions of the Act are summarized below.

   3. Colorado Code of Regulations: Rules regulating electronic notarization are in the Code of Colorado Regulations’ “Rules Concerning Electronic Notarization” (8 CCR 1505-11) and are summarized below.

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

3. 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 may 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” (CRS 24-21-520[a]).

4. Technology Neutrality: “The secretary of state may adopt rules to implement this part 5 in accordance with article 4 of this title 24. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification” (CRS 24-21-527).

5. All Notary Laws Apply: “[E]lectronic notarization does not change a notary’s basic duties, functions, and responsibilities. The requirements of law discussed above are not waived or altered when a notary uses an electronic signature. A notary must still be in a client’s presence, identify the client, and administer an oath to, or take an acknowledgment from, that client” (NH).

6. Personal Appearance: “The signer must be in the physical presence of the notary to affirm, swear to, or acknowledge the document being notarized electronically. Electronic notarization is different from remote notarization” (website, “Notary Public FAQs – Electronic notary information”).

7. Signer’s Electronic Signature: “A notary must verify that the document signer has adopted an electronic signature to function as his or her signature before electronically notarizing a document” (8 CCR 1505-11, Rule 2.2.3).

8. Document Authentication Number (DAN): “A notary shall not use an electronic signature unless … the notary attaches to the document a document authentication number issued by the Secretary of State” (CRS 12-55-112[4.5][b]).

   1. Definition: “‘DAN’ means the unique document authentication number issued by the Secretary of State and required … for electronic notarizations” (8 CCR 1505-11, Rule 1.4).

   2. Requirements: “A notary may choose to either use a DAN as the notary’s electronic signature or adopt a different electronic signature which the notary must always use in conjunction with a DAN” (8 CCR 1505-11, Rule 2.2.1).
      “A notary must:
      “(a) Use a different DAN for each electronic notarization;
      “(b) Take reasonable measures to secure assigned DANs against another person’s access or use and must not permit such access or use; and
      “(c) Request new DANs to replace lost or stolen DANs after notifying the Secretary in the same manner as for a journal or seal” (8 CCR 1505-11, Rule 2.2.2).
      “What should I do if I lose control of a DAN? — Log in to your account to void the specific lost DANs. Select “Manage my numbers” from the eNotary section on your Summary page. Then, select the batch of DANs you need to void. Select the checkbox next to the DAN and then select ‘Void numbers’' (website, Notary Public FAQs – Electronic notary information”).

9. Fee for In-Person Electronic Notarization: For the maximum fees that a Notary may charge to notarize an electronic record, see “Fees for Notarial Acts,” below.

Remote Notarial Acts

1. Applicable Law

   1. Colorado Revised Statutes, Title 21, Chapter 24: Effective December 31, 2020, provisions authorizing remote notarization were added to Colorado’s Notary Public statutes. Those provisions are summarized below.

   2. Colorado Code of Regulations: Rules regulating remote notarization are in the Code of Colorado Regulations’ “Rules Concerning Electronic Notarization” (8 CCR 1505-11) and are summarized below.

2. Technology Systems

   1. Approval of System Providers: Required.

   2. List of System Providers: Provided.
      The Secretary of State maintains a list of remote notarization system providers that have been approved for use by Colorado Notaries at the Secretary’s website at https://www.coloradosos.gov/notary/pages/remote/public/providerList.xhtml.

   3. Eligibility Requirements: “To be eligible for approval by the secretary of state under [CRS] section 24-21-527 (1)(h), a provider of a remote notarization system or storage system must … [c]ertify to the secretary of state that the provider and the system comply with the requirements of this section and the rules adopted under [CRS] section 24-21-527” (CRS 24-21-514.5[11][a]).
      “To be eligible for approval by the secretary of state under section 24-21-527 (1)(h), a provider of a remote notarization system or storage system must … [m]aintain a usual place of business in this state or, if a foreign entity, appoint and maintain a registered agent, in accordance with [CRS] section 7-90-701 by filing a statement of foreign entity authority in accordance with [CRS] section 7-90-803, with authority to accept service of process in connection with a civil action or other proceeding” (CRS 24-21-514.5[11][b]).

   4. Application and Approval: Rules for system provider applications may be found in 8 CCR 1505-11, Rule 5.3.2, and standards for approval of providers may be found in 8 CCR 1505-11, Rule 5.3.3.

   5. Provider Protocols: Approved providers must follow the “Provider Protocols” published by the Secretary of State. The Protocols are incorporated into the Notary Program Rules by reference (8 CCR 1505-11, Rule 5.3.1[a]). The protocols cover additional rules for credential analysis, dynamic knowledge-based authentication, public key certificates, identity verification by a third party, and storage and incident response.

   6. Technology, Identification, and Storage Requirements: Rules for communication technology, identification protocols used to identify remotely located individuals, and data storage and security standards may be found in 8 CCR 1505-11, Rule 5.3.3[b] through [f].

   7. Personal Information Requirements: “To be eligible for approval by the secretary of state under [CRS] section 24-21-527 (1)(h), a provider of a remote notarization system or storage system must … [n]ot use, sell, or offer to sell to another person or transfer to another person for use or sale any personal information obtained under this section that identifies a remotely located individual, a witness to a remote notarization, or a person named in a record presented for remote notarization, except:
      ”(I) As necessary to facilitate performance of a notarial act;
      ”(II) To effect, administer, enforce, service, or process a record provided by or on behalf of the individual or the transaction of which the record is a part;
      ”(III) In accordance with this part 5 and the rules adopted pursuant to this part 5 or other applicable federal, state, or local law, or to comply with a lawful subpoena or court order; or
      ”(IV) In connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit of the provider, if the personal information concerns only customers of the business or unit and the transferee agrees to comply with the restrictions set forth in this subsection (11)” (CRS 24-21-514.5[11][c]).
      “Personal information” means any information or data that is collected or used in order to complete the transaction subject to remote notarization or in the remote notarization itself. The term includes but is not limited to data included in the electronic record that is being remotely notarized” (8 CCR 1505-11, Rule 5.1.1)

   8. Complaints: Rules for complaints filed against a system provider may be found in 8 CCR 1505-11, Rule 5.3.6, grounds for termination of approval of system providers may be found in 8 CCR 1505-11, Rule 5.3.7, and rules for appeals may be found in 8 CCR 1505-11, Rule 5.3.8.

3. Authorization: “Except as provided in subsection (2)(b) of this section, a notary public may perform a remote notarization only with respect to an electronic record and in compliance with this section and any rules adopted by the secretary of state for a remotely located individual who is located:
   ”(I) In this state;
   ”(II) Outside of this state but within the United States; or
   ”(III) Outside the United States if:
   ”(A) The notary public has no actual knowledge that the notarial act is prohibited in the jurisdiction in which the remotely located individual is physically located at the time of the act; and
   ”(B) The remotely located individual confirms to the notary public that the requested notarial act and the record relate to: A matter that will be filed with or is currently before a court, governmental entity, or other entity in the United States; property located in the United States; or a transaction substantially connected to the United States” (CRS 24-21-514.4[2][a]).

4. Exclusions: “A notary public shall not use a remote notarization system to notarize:
   ”(I) A record relating to the electoral process; or
   ”(II) A will, codicil, document purporting to be a will or codicil, or any acknowledgment required under section 15-11-502 or 15-11-504” (CRS 24-21-514.5[2][b]).

5. Colorado Law Primary: “Regardless of the physical location of the remotely located individual at the time of the notarial act, the validity of a remote notarization performed by a notary in this state is governed by the laws of this state, including any rules adopted by the secretary of state pursuant to this part 5” (CRS 34-21-514.5[10]).

6. Location of Notary: “A notary public who performs a notarial act for a remotely located individual by means of audio-video communication must … [b]e located within this state at the time the notarial act is performed” (CRS 24-21-514.5[4][a]).

7. Single Real-Time Session: “A notary public who performs a notarial act for a remotely located individual by means of audio-video communication must … [e]xecute the notarial act in a single, real-time session” (CRS 24-21-514.5[4][b]).

8. Confirmation of Record: “A notary public who performs a notarial act for a remotely located individual by means of audio-video communication must … [c]onfirm that any record that is signed, acknowledged, or otherwise presented for notarization by the remotely located individual is the same record signed by the notary public” (CRS 24-21-514.5[4][c]).

9. Quality of Transmission: “A notary public who performs a notarial act for a remotely located individual by means of audio-video communication must … [c]onfirm that the quality of the audio-video communication is sufficient to make the determinations required for the notarial act under this part 5 and any other law of this state” (CRS 24-21-514.5[4][d]).

10. Venue: “A notary public who performs a notarial act for a remotely located individual by means of audio-video communication must … [i]dentify the venue for the notarial act as the jurisdiction within the state of Colorado where the notary public is physically located while performing the act” (CRS 24-21-514.5[4][e]).

11. Stopping, Restarting Process: “A remote notary public must stop and restart the remote notarization process from the beginning if:
    ”(a) The remotely located individual or the remote notary public must exit the remote notarization system before completion of the notarial act;
    ”(b) The audio or visual feed is interrupted or terminated; or
    ”(c) The resolution or quality of the transmission becomes such that the remote notary public believes the process has been compromised and cannot be completed” (8 CCR 1505-11, Rule 5.2.5).

12. Provider Verification: “A remote notary public has an ongoing duty to verify that each remote notary provider used has Active status with the Secretary of State’s office before using that provider’s remote notarization system to perform a remote notarization. This duty extends to each remote notarization” (8 CCR 1505-11, Rule 5.2.6).

13. Remote Notarial Act System Requirements: A remote notarization system used to perform remote notarizations must:
    (a) Require the notary public, the remotely located individual, and any required witness to access the system through an authentication procedure that complies with rules adopted by the secretary of state regarding security and access;
    (b) Enable the notary public to verify the identity of the remotely located individual and any required witness by means of personal knowledge or satisfactory evidence of identity in compliance with subsection (6) of this section; and
    (c) Confirm that the notary public, the remotely located individual, and any required witness are viewing the same record and that all signatures, changes, and attachments to the record are made in real time.“
    A notary cannot notarize a document after watching a previously recorded or taped audio-video of a person signing or acknowledging a document. The notary must witness the act in ‘real-time.’ In other
    words, you and the remotely located individual must be able to ‘see and hear each other substantially simultaneously and without interruption or disconnection’ (NH).

14. Refusal of Remote Notarial Services: “Without limiting the authority of a notary public under [CRS] section 24-21-508 to refuse to perform a notarial act, a notary public may refuse to perform a notarial act under this section if the notary public is not satisfied that the requirements of this section are met” (CRS 24-21-514.5[7]).

15. Personal and Privileged Information: “Subject to applicable law other than this article 21, if a record is privileged pursuant to [CRS] section 13-90-107 (1)(b), the corresponding electronic record secured and stored by the remote notarization system as provided in this article 21 remains privileged” (CRS 24-21-514.5[12]).
    “The limited exceptions in section 24-21-514.5(11)(c)(I) through (IV), C.R.S., do not include or authorize the use of personal information for the purpose of generating additional business or marketing opportunities by or for:
    ”(a) The remote notary;
    ”(b) The remote notary’s employer or any business for whom the remote notary may be providing contracted services; or
    ”(c) The provider or any of its affiliates” (8 CCR 1505-11, Rule 5.4.1).
    “Such use [under 8 CCR 1505-11, Rule 5.4.1] is prohibited and cannot be waived by the explicit consent required section 24-21-514.5(9)(a)(II), C.R.S., or otherwise” (8 CCR 1505-11, Rule 5.4.2).

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” (CRS 24-21-525[6]).

Incomplete Documents

“A notary public shall not perform any notarial act with respect to a record that is blank or that contains unfilled blanks in its text” (CRS 24-21-525[7).

“A Notary should skim the document for blanks and ask the document signer to fill them in. If spaces are intentionally left blank, then the signer should put a line through them or write ‘N/A’” (website, “Notary Public FAQs – Powers and duties”).

Document Dates

“Can I notarize a document that doesn't have a date? — Yes, but if there is a space for a date it should be filled in with the correct date or lined through by the document signer. If the document simply doesn't have a date, you can notarize it and record in your journal that the document had no date” (website, “Notary Public FAQs – Powers and duties”).

Faxed, Photocopied Documents

“Can I notarize a fax or a photocopy of a document? — Yes. A photocopied or faxed signature can be notarized as an acknowledgment if the original signer of the document appears before the notary. For example, the signer may have signed the original document in the past, but now only has a copy. The notary can take an acknowledgment from the signer that the signature on the fax copy is that of the signer” (website, “Notary Public FAQs – Powers and duties”).

Wills

1. Paper-Based Wills: “Except as otherwise provided in subsection (2) of this section and in sections 15-11-503, 15-11-506, and 15-11-513, a will shall be:
   “(a) In writing;
   “(b) Signed by the testator, or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction; and
   “(c) Either:
   “(I) Signed by at least two individuals, either prior to or after the testator’s death, each of whom signed within a reasonable time after he or she witnessed either the testator’s signing of the will as described in paragraph (b) of this subsection (1) or the testator’s acknowledgment of that signature or acknowledgment of the will; or
   “(II) Acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments” (CRS 15-11-502[1]).

2. Electronic Wills: “(1) Subject to section 15-11-1308 (4), and except as provided in section 15-11-1306, an electronic will must be:
   “(a) a record that is readable as text at the time of signing under subsection (1)(b) of this section;
   “(b) signed by:
   “(i) the testator; or
   “(ii) another individual in the testator's name, in the testator's physical presence, and by the testator's direction; and
   “(c) either:
   “(i) signed in the physical or electronic presence of the testator by at least two individuals, each of whom is a resident of a state and physically located in a state at the time of signing and within a reasonable time after witnessing:
   “(a) the signing of the will under subsection (1)(b) of this section; or
   “(b) the testator's acknowledgment of the signing of the will under subsection (1)(b) of this section or acknowledgment of the will; or
   “(ii) acknowledged by the testator before and in the physical or electronic presence of a notary public or other individual who is authorized by Colorado law to notarize records, and who is located in Colorado at the time the notarial act is performed.
   “(2) intent of a testator that the record under subsection (1)(a) of this section be the testator's electronic will may be established by extrinsic evidence” (CRS 15-11-1305).

3. Self-Proving Wills: “A will that is executed with attesting witnesses may be simultaneously executed, attested, and made self-proved by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs …” (CRS 15-11-504[1]).
   “An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses” (CRS 15-11-1308[1]).

I-9 Forms

“Do not notarize Federal Form I-9. The Form I-9 is not required to be notarized, nor is there a place on the document to be notarized. Employers may designate an authorized representative to fill out Forms I-9 on behalf of their company, including personnel officers, foremen, agents or notary public …. If the employer hires a notary public, the notary public is acting as an authorized representative of the employer, not as a notary. The notary public must perform the same required actions as an authorized representative. When acting as an authorized representative, the notary public should not provide a notary seal on Form I-9” (website, “Notary Public FAQs, – Common mistakes to avoid”).

Certifications of Life

“Colorado law does not authorize a notary to attest to or certify that an individual is alive and our office will reject authentication requests for such certifications. “The individual may wish to revise the document so that it is the individual or someone else who swears to or affirms and signs a written statement in the presence of a notary that the individual is alive. The notary can then notarize the statement. You may want to check with the requesting country if this is acceptable” (website, “Apostilles and Authentications – Common reasons for rejection”).

Correcting Documents

“How do I fix incorrect information on the document or on the notarial certificate? — Only the document signer can make changes to the document. Only the notary can correct the certificate. When you are correcting a notarial certificate, put a line through the mistake with ink, write the correction above or beside it, then initial and date the correction” (website, “Notary Public FAQs, – Powers and duties”).

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CERTIFICATE OF NOTARIAL ACT

Certificate Requirements

1. General Requirement: “A notarial act shall be evidenced by a certificate” (CRS 24-21-515[1]).
   “A notarial certificate … is a written statement of your actions as a notary. A certificate must be used in every notarial transaction. A certificate is your testimony about the type of notarial act you have completed” (website, “Notary Public FAQs – Powers and duties”).

2. Specific Requirements: “The certificate must:
   “(a) Be executed contemporaneously with the performance of the notarial act;
   “(b) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the secretary of state;
   “(c) Identify the county and state in which the notarial act is performed; and
   “(d) Contain the title of office of the notarial officer”(CRS 24-21-515[1]).
   “[P]re-printed notarial certificates may include a space for the commission expiration date. Under RULONA, this section must be filled in, even though the date also appears on the official stamp” (NH).
   “The notarial certificate must be in English” (website, “Notary Public FAQs – Common mistakes to avoid”).

3. Tangible Records: “If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsections (1)(b), (1)(c), and (1)(d) of [CRS 24-21-515], an official stamp may be affixed to the certificate” (CRS 24-21-515[2]).

4. Electronic Records: “If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsections (1)(b), (1)(c), and (1)(d) of [CRS 24-21-515], an official stamp may be attached to or logically associated with the certificate” (CRS 24-21-515[2]).

Certificate Forms

Colorado has adopted the Revised Uniform Law on Notarial Acts and the Act’s short-form certificates. These and other notarial certificate forms authorized by the Secretary of State appear below.

* “The notary is not required to fill in the commission expiration date, but should mark it out so it is not blank” (NH).

*“The notary is not required to fill in the commission expiration date, but should mark it out so it is not blank” (NH).

*“The notary is not required to fill in the commission expiration date, but should mark it out so it is not blank” (NH).

*“The notary is not required to fill in the commission expiration date, but should mark it out so it is not blank” (NH).

*“The notary is not required to fill in the commission expiration date, but should mark it out so it is not blank” (NH).

*Any certificate of notarial act shown above may be used for a remote notarization by inserting the words “using audio-video technology” in the appropropriate place.

**“The notary is not required to fill in the commission expiration date, but should mark it out so it is not blank” (NH).

*Any certificate of notarial act shown above may be used for an interpreter and remote notarization by inserting the words “using an interpreter and audio-video technology” in the appropropriate place.

*“The notary is not required to fill in the commission expiration date, but should mark it out so it is not blank” (NH).

Sufficiency of Certificate

“A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) and (2) of [CRS 24-21-515] and:
“(a) Is in a short form set forth in section 24-21-516;
“(b) Is in a form otherwise permitted by the law of this state;
“(c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
“(d) Sets forth actions of the notarial officer that are sufficient to meet the requirements of the notarial act as provided in sections 24-21-505, 24-21-506, and 24-21-507 and, if applicable, section 24-21-514.5 or law of this state other than this part 5” (CRS 24-21-515[3]).

Security of Certificate

1. Tangible Records: “If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record” (CRS 24-21-515[6]).
   “RULONA requires that a notarial certificate on a paper record must be incorporated into the record or ‘securely attached’ to the record. This means that loose certificates are no longer allowed” (NH).

2. 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” (CRS 24-21-515[6]).

3. Rulemaking: “If the secretary of state has established standards under section 24-21-527 for attaching, affixing, or logically associating the certificate, the process must conform to the standards” (CRS 24-21-515[6]).

Executing a Certificate

“By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in sections 24-21-504, 24-21-505, and 24-21-506 and, if applicable, section 24-21-514.5” (CRS 24-21-515[4]).

“A notarial officer shall not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (CRS 24-21-515[4]).

Incomplete Certificate

“It is important to carefully read over the notarial certificate to ensure that all required information is complete and correct” (website, “Notary Public FAQs – Common mistakes to avoid”).

Correcting a Certificate

“Only the notary can correct the certificate. When you are correcting a notarial certificate, put a line through the mistake with ink, write the correction above or beside it, then initial and date the correction” (website, “Notary Public FAQs – Powers and duties”).

Certificate of Remote Notarial Act

“The certificate of notarial act for a remote notarization must, in addition to complying with the requirements of [CRS] section 24-21-515, indicate that the notarial act was performed using audio-video communication technology” (CRS 24-21-514.5[8]).

Remote Notarial Certificate for Use of Interpreters

“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]).

Commission Expiration Date

Chapter 212 (Senate Bill 2023-153), effective September 1, 2023, no longer requires the Notary to note the Notary’s commission expiration date in a a certificate of notarial act. However, the statutory short form certificates of notarial acts still contain a line for the Notary’s commission expiration date.

“The notary is not required to fill in the commission expiration date, but should mark it out so it is not blank” (NH).

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SEAL AND SIGNATURE

Definitions

1. “‘Official stamp’ means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record” (CRS 24-21-502[9]).

2. “‘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” (CRS 24-21-502[14]).

Official Stamp Requirement

1. Notarial Acts

   1. Notaries Public: Required.
      “If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate” (CRS 24-21-515[2]).

   2. Other Notarial Officers: Permitted.
      “If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsections (1)(b), (1)(c), and (1)(d) of this section, an official stamp may be affixed to the certificate” (CRS 24-21-515[2]).

2. In-Person Electronic Notarial Acts

   1. Notaries Public: Permitted.
      “If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsections (1)(b), (1)(c), and (1)(d) of [CRS 24-21-515], an official stamp may be attached to or logically associated with the certificate” (CRS 24-21-515[2]).

   2. Other Notarial Officers: Permitted (CRS 24-21-515[2]).

3. Remote Notarial Acts

   1. Notaries Public: Required.
      “A remote notary public must affix to an electronic record a seal that in both appearance and content matches the manually applied official stamp required by section 24-21-517, C.R.S.” (8 CCR 1505-11, Rule 5.2.3[a][1]).

   2. Other Notarial Officers: Notarial officers other than Notaries Public are not authorized to perform remote notarial acts under Colorado law.

Official Stamp Format

1. Notarial Acts

   1. 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” (CRS 24-21-517[1][b]).
      “Colorado law requires notary stamps to be a rectangular shape but does not have any size or color-of-ink restrictions. However, please consider your clients and the public at large before deciding on a size too small to read, a unique color, or any other unusual variant” (NH).

   2. Embosser Disallowed: “A notary public shall not provide, keep, or use a seal embosser” (CRS 24-21-517[2]).

   3. Shape and Size: The official stamp must be rectangular (CRS 24-21-517[1][a]); size is not specified.

   4. Components: “The official stamp of a notary public must:
      “(a) Be rectangular and contain only the outline of the seal and the following information printed within the outline of the seal:
      “(i) The notary public’s name, as it appears on the notary’s certificate of commission;
      “(ii) The notary’s identification number;
      “(iii) The notary’s commission expiration date;
      “(iv) The words “state of Colorado”; and
      “(v) The words “notary public”; and
      “(b) Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated” (CRS 24-21-517[1]).

2. Remote Notarial Acts: “The remote notary’s seal and electronic signature must … [a]ppear as images on any visual or printed representation of a remote notarial certificate regardless of the technology being used to affix the images” (8 CCR 1505-11, Rule 5.2.3[b][1][B]).

Example

The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by Colorado law. Formats other than these may also be permitted.

Placement of Official Stamp

“The stamp may be placed anywhere ‘under or near’ the notary’s signature. The law is not specific about placement, nor does it require that a stamp be right side up. The stamp should not obscure the text of the document itself, or be placed over the notary’s signature in such a way as to make the signature unreadable” (NH).

Security of Stamping Device

“A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act” (CRS 24-21-518[1]).

Lost or Stolen Stamp

“If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall notify the secretary of state in writing within thirty days after discovering that the device is lost or stolen.” (CRS 24-21-518[2])).

Disposition of Stamping Device

“On resignation from, or the revocation of expiration of, the notary public’s commission, or on the expiration of the date set forth in the stamping device, if any, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (CRS 24-21-518[1]).

Wrongful Possession and Use of Seal

“A person who unlawfully possesses and uses … an official seal … is guilty of a class 3 misdemeanor and shall be punished as specified in section 18-1.3-501” (CRS 24-21-533).

Notary Signature

“A notarial officer shall not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (CRS 24-21-515[5]).

“The notary’s official signature, must be exactly as it appears on the notary’s affirmation. Notaries are officially identified and authenticated by their signatures, as well as their commission dates. Even a small change from the signature on file with the Secretary of State makes it impossible to authenticate a notary. It may even make it impossible to find him or her in the notary records” (NH).

“About 80,000 notary commissions are current at any one time. As would be expected with these numbers, there are multiple instances of two or more notaries with the same name, or with very similar names. A notary’s signature is therefore a very important distinguisher” (NH).

“Be sure to sign all notarizations with a consistent signature. The notary’s signature must be the same as shown on file with the Colorado Secretary of State on the notary's signed application form. You can access the signature on your record” (website, “Common mistakes to avoid”).

Notary’s Electronic Signature

1. Requirements: “In every instance, the electronic signature of a notary public must contain or be accompanied by the following elements, all of which must be immediately perceptible and reproducible in the electronic record to which the notary’s electronic signature is attached: the notary’s name, as it appears on the notary’s certificate of commission; the notary’s identification number; the words “notary public” and “state of Colorado”; a document authentication number issued by the secretary of state; and the words “my commission expires” followed by the expiration date of the notary’s commission. A notary’s electronic signature must conform to any standards promulgated by the secretary of state” (CRS 24-21-520[3]).
   “For purposes of section 12-55-106.5(1), C.R.S., a notary’s name means the notary’s printed legal name” (8 CCR 1505-11, Rule 2.2.3).

2. Changes in Electronic Signature: “A notary must notify the Secretary of State of all electronic signature changes” (8 CCR 1505-11, Rule 2.2.1).

3. Wrongful Possession or Use of Electronic Signature: “A person who unlawfully possesses and uses a notary’s … electronic signature… is guilty of a class 3 misdemeanor and shall be punished as specified in section 18-1.3-501” (CRS 24-21-533).

Security of Remote Notary Electronic Seal and Signature

1. Tamper-Evidence: “The remote notary’s seal and electronic signature must … [b]e attached or logically associated with both the electronic record being notarized and the certificate of notarial act being affixed and linked such that any subsequent alteration to either item is observable through visual examination, i.e., the document must be rendered tamper-evident” (8 CCR 1505-11, Rule 5.2.3[b][1][C]).

2. Sole Control: “The remote notary’s seal and electronic signature must … [b]e retained under the remote notary public’s sole control and access through the authentication required by Rule 5.3.3 (a)(4)” (8 CCR 1505-11, Rule 5.2.3[b][1][A]).

3. Sole Use: “A remote notary public’s employer, including the employer's employees and agents, must not use or permit the use of a remote notary’s seal or electronic signature by anyone except the remote notary public” (8 CCR 1505-11, Rule 5.2.3[b][2]).

4. Disposition of Seal, Electronic Signature: “On resignation from or the revocation of the notary public’s commission or on the death or adjudication of incompetency of the notary public, the notary or that notary’s personal representative or guardian must delete the notary’s seal and electronic signature from the remote notary system provider’s system” (8 CCR 1505-11, Rule 5.2.3[b][3]).

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RECORDS OF NOTARIAL ACTS

Journal Requirement

1. Journal

   1. Notarial Acts: Required.
      “A notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs” (CRS 24-21-519[1]).

   2. In-Person Electronic Notarial Acts: Required (CRS 24-21-519[1]).

   3. Remote Notarial Acts: Required.
      “A notary public who performs a remote notarization shall maintain a journal in an electronic format with regard to each remote notarization” (CRS 24-21-519[2][b]).

2. Records of Notary Employee: “Instead of maintaining a journal as required by subsection (1) of [CRS 24-21-519], a notary public may maintain the original or a copy, including an electronic record, of a document that contains the information otherwise required to be entered in the notary’s journal if the notary’s firm or employer retains the original, copy, or electronic record in the regular course of business” (CRS 24-21-519[10][c]).
   “The Secretary of State contends that it is not in the best interest of the notary to rely on this exception. The notary may not, and most probably does not, have access to those notarized documents over any period of time. This may be due to job changes, loss of records, employers going out of business, or the notary being dismissed. If the notary cannot produce a copy of the originally notarized document, and has failed to maintain a personal journal, the notary may be personally liable for the loss of that information. Further, absent a signature of the client in the notary’s journal, the notary has no way of proving that the client signed in the notary’s presence. The Secretary of State strongly encourages notaries to keep records of all official acts” (NH).

3. Recording of Remote Notarial Acts: “A notary public shall create an audio-video recording of a remote notarization if:
   ”(I) The notary public first discloses to the remotely located individual the fact of the recording and the details of its intended storage, including where and for how long it will be stored;
   ”(II) The remotely located individual explicitly consents to both the recording and the storage of the recording; and
   ”(III) The recording is stored and secured in compliance with rules adopted by the secretary of state” (CRS 24-21-514.5[9][a]).
   “What if the remotely located individual does not want to be recorded? — A notary cannot perform a remote notarization if the remotely located individual does not want or agree to be recorded” (website, “Notary Public FAQs, – Remote notarization”).

Journal Format

1. Notarial Acts: “A journal may be created on a tangible medium or in an electronic format. If a journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. If a journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the secretary of state” (CRS 24-21-519).

2. Remote Notarial Acts: According to CRS 24-21-519(2)(b), a Notary who performs remote notarizations must keep the journal in an electronic format.

Contemporaneous Completion

“An entry in a journal must be made contemporaneously with performance of the notarial act” (CRS 24-21-519[3]).

Journal Entries

1. Required Entries: “An entry in a journal must… contain the following information:
   “(a) The date and time of the notarial act;
   “(b) A description of the record, if any, and type of notarial act;
   “(c) The full name and address of each individual for whom the notarial act is performed;
   “(d) The signature or electronic signature of each individual for whom the notarial act is performed;
   “(e) If identity of the individual is based on personal knowledge, a statement to that effect;
   “(f) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the type of identification credential presented, if any;
   “(g) The full name and address of any interpreter who provided interpreter services to facilitate the notarial act;
   “(h) The certification or credential number of any interpreter who provided interpreter services to facilitate the notarial act; and
   “(i) The fee, if any, charged by the notary public” (CRS 24-21-519[3]).

2. Remote Notarial Acts: ”In addition to the journal information required by section 24-21-519(3), C.R.S., the remote notary public must record the name of the remote notarization system provider used for each remote notarization” (8 CCR 1505-11, Rule 5.2.4[a]).

3. Multiple Signers: “If multiple signers appear before the notary at the same time, … separate entries must be made in the journal for each signer” (website, “Notary Public FAQs – Official stamps and journals”).

Recording of Remote Notarial Acts

1. Contents of Recording: “The recording must include the information described in this subsection (9)(b). A notary public shall make a good-faith effort to not include any other information on the recording. Any other information included on the recording is not admissible in any court of law, legal proceeding, or administrative hearing for any purpose, nor is the information admissible in any proceeding in any other court of law, legal proceeding, or administrative hearing if Colorado law applies with respect to remote notarization. The recording must include:
   ”(I) At the commencement of the recording, a recitation by the notary public of information sufficient to identify the notarial act, including the name of the notary public, the date and time of the notarial act, a description of the nature of the document or documents to which the notarial act is to relate, the identity of the remotely located individual whose signature is to be the subject of the notarial act and of any person who will act as a credible witness to identify the individual signer, and the method or methods by which the remotely located individual and any credible witness will be identified to the notary public;
   ”(II) A declaration by the remotely located individual that the individual’s signature on the record is knowingly and voluntarily made;
   ”(III) If the remotely located individual for whom the notarial act is being performed is identified by personal knowledge, an explanation by the notary public as to how the notary public knows the remotely located individual and how long the notary public has known the remotely located individual;
   ”(IV) If the remotely located individual for whom the notarial act is being performed is identified by a credible witness:
   ”(A) A statement by the notary public as to how the notary public knows the credible witness and how long the notary public has known the credible witness; and
   ”(B) An explanation by the credible witness as to how the credible witness knows the remotely located individual and how long the credible witness has known the remotely located individual; and
   ”(V) The statements, acts, and conduct necessary to perform the requested notarial act or supervision of signing or witnessing of the subject record” (CRS 24-21-514.5[9][b]).

2. Failure to Keep Recording: “The failure of a notary public to perform a duty or meet a requirement specified in this [CRS 24-21-514.5] subsection (9) does not invalidate a remote notarization performed by the notary public. A notary public is not liable to any person for damages claimed to arise from a failure to perform a duty or meet a requirement specified in subsection (9)(b) of this section” (CRS 24-21-514.5[9][d]).

Inspection of Journal, Recordings

1. Secretary of State: “The secretary of state may audit or inspect a notary public’s journal without restriction. A notary public shall surrender the notary’s journal to the secretary of state upon receiving a written request” (CRS 24-21-519[6]).

2. Law Enforcement: “A certified peace officer, as defined in section 16-2.5-102, acting in the course of an official investigation may inspect a notary public’s journal without restriction” (CRS 24-21-519[7]).

3. Audio-Video Recordings: The provisions related to inspection of the journal apply equally to recordings of remote online notarial acts (CRS 24-21-514.5[c]).

Certified Journal Entry Copies, Recordings

1. Journal Entries: “Upon written request of any member of the public, which request must include the name of the parties, the type of document, and the month and year in which a record was notarized, a notary public may supply a certified copy of the line item representing the requested transaction. A notary public may charge the fee allowed in section 24-21-529 for each certified copy of a line item, and shall record the transaction in the notary’s journal” (CRS 24-21-519[5]).
   A current or former Notary who does not retain the journal, but transmits it to the state archives or to the Notary’s firm or employer in compliance with CRS 24-21-519[10][a]), is no longer required to provide certified copies of journal entries pursuant to CRS 24-21-519(5).

2. Audio-Video Recordings: The provisions related to certified copies of the journal apply equally to recordings of remote online notarial acts (CRS 24-21-514.5[c]).

Lost or Stolen Journal

“If a notary public’s journal is lost or stolen, the notary public shall notify the secretary of state in writing within thirty days after discovering that the journal is lost or stolen” (CRS 24-21-519[8]).

Wrongful Possession and Use of Journal or Records

“A person who unlawfully possesses and uses a notary’s journal… or any papers, copies, or electronic records relating to notarial acts is guilty of a class 3 misdemeanor and shall be punished as specified in section 18-1.3-501” (CRS 12-55-118).

Backup of Electronic Journal

“The electronic journal must be securely backed up” (8 CCR 1505-11, Rule 5.2.4[c]).

Retention of Journal, Recordings

1. Journal of Notarial Acts: “The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal” (CRS 24-21-519[1]).

2. Audio-Video Recordings: The provisions related to retention of the journal apply equally to recordings of remote online notarial acts (CRS 24-21-514.5[c]).

Disposition of Journal, Recordings

1. Termination of Commission: “On resignation from, or the revocation or expiration of, a notary public’s commission, the notary public shall retain the notary public’s journal in accordance with subsection (1) of [CRS 24-21-519] and inform the secretary of state where the journal is located” (CRS 24-21-519[9]).
   “Instead of retaining a journal as provided in subsections (1) and (9) of [CRS 24-21-519], a current or former notary public may:
   “(i) Transmit the journal to the state archives established pursuant to part 1 of article 80 of this title 24; or
   “(ii) Leave the journal with the notary’s firm or employer in the regular course of business” (CRS 24-21-519[10][a]).
   “If notary public acts pursuant to subsection (10)(a) of [CRS 24-21-519], the notary public is no longer subject to subsection (5) of [CRS 24-21-519] and shall notify the secretary of state in writing whether the notary has transmitted the journal to the state archives or the firm or employer, including the contact information for the firm or employer if the notary leaves the journal with the notary’s firm or employer” (CRS 24-21-519[10][b]).
   “Under RULONA, when a notary resigns or lets his/her commission expire, s/he must either:
   “1. Retain the journal for ten (10) years and provide notice to the Secretary of State as to where the journal is being kept; or
   “2. Leave the journal with the notary’s employer and advise the Secretary of State of the employer’s contact information; or
   “3. Send the journal to state archives and advise the Secretary of State that the notary has done so.
   “The Secretary of State recommends choosing option one (1) or three (3), as leaving the notary’s journal with his/her former employer may be risky. If the notary is hailed into court or any of his/her notarizations are called into question, it is in the best interest of the notary to have direct access to the journal because at the end of the day it is the notary who will be held liable. Leaving a journal with a former employer may make it difficult to access the journal if the employer dissolves, moves, dies, loses the journal, or has a contentious relationship with the notary. Regardless of where the notary decides to leave the journal, it is the notary’s responsibility to testify in court or provide information regarding all prior notarizations” (NH).

2. Employer Responsibilities: “A firm or employer in possession of a notary’s journal has the same responsibility as a notary to:
   “4.2.1 Keep the journal secure as detailed in section 24-21-519(4) C.R.S.;
   “4.2.2 Provide a copy of a requested transaction to a member of the public per section 24-21-519(5), C.R.S, but without certifying the copy or charging a notary fee;
   “4.2.3 Provide the journal to the Secretary of State for auditing or inspection without restriction per section 24-21-519(6) C.R.S.;
   “4.2.4 Provide the journal to a certified peace officer per section 24-21-519(7), C.R.S.; and
   “4.2.5 Notify the Secretary of state if the journal is lost or stolen per section 24-11 21519(8) C.R.S.
   “4.3 A firm or employer in possession of a notary’s journal may:
   “4.3.1 Retain the journal indefinitely; or
   “4.3.2 Transmit the journal to the Colorado State Archives and notify the Secretary of State per section 24-21-519(10)(a)(i) and (b) C.R.S.” (8 CCR 1505-11, Rule 4.2).

3. Death or Incompetency of Notary: “On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall transmit it to the state archives established pursuant to part 1 of article 80 of this title 24. The person shall notify the secretary of state in writing when the person transmits the journal to the state archives” (CRS 24-21-519[11]).

4. Audio-Video Recordings: The provisions related to disposition of the journal apply equally to recordings of remote online notarial acts (CRS 24-21-514.5[c]).
   “Only remote notarization system providers and remote notarization storage providers that have been approved by the Secretary of State may store audio-video recordings” (8 CCR 1505-11, Rule 5.2.4[d]).

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FEES FOR NOTARIAL ACTS

Maximum Fees

1. Notarial Acts: “Except as specified in subsection (2) of [CRS 24-21-529], the fees of a notary public may be, but must not exceed, fifteen dollars for each document attested by a person before a notary, except as otherwise provided by law. The fee for each such document must include all duties and functions required to complete the notarial act in accordance with this part 5” (CRS 24-21-529[1]).

2. In-Person Electronic Notarial Acts: “In lieu of the fee authorized in subsection (1) of [CRS 24-21-529], a notary public may charge a fee, not to exceed twenty-five dollars, for the notary’s electronic signature” (CRS 24-21-529[2]; 8 CCR 1505-11 Rule 5.2.7).

3. Remote Notarial Acts: “In accordance with section 24-21-529(2), C.R.S., a remote notary may charge a fee, not to exceed twenty-five dollars, for the notary’s electronic signature” (8 CCR 1505-11 Rule 5.2.7).

Disclosure and Itemization of Fees

1. Advance Disclosure: “If a notary public charges for performing the notarial act, or charges for any additional service provided at the time of performing the notarial act, the notary public must … [i]nform the customer, verbally or in writing, of those charges before performing the notarial act” (8 CCR 1505-11 Rule 2.4.1[a]).

2. Written Documentation: “If a notary public charges for performing the notarial act, or charges for any additional service provided at the time of performing the notarial act, the notary public must … [p]rovide to the customer, either before performing the notarial act, or at the time of signing, or immediately thereafter, a written document that lists the specific fee or fees charged for any notarial acts performed by the notary, or a zero charge if no fee for the notarial act is being charged, as well as any other fees the notary public is charging at the same time. This listing of fees may be included in a closing statement, itemized invoice, receipt, transaction summary, or any other similar document that lists the fee charged for the notarial acts” (8 CCR 1505-11 Rule 2.4.1[b]).

3. Exemptions

   1. Title Company Employees: “Rules 2.4.1 and 2.4.2 do not apply to notarial acts performed by an employee of a title company as part of services provided by the title company in conjunction with the business of title insurance, as defined in section 10-11-102(3), C.R.S., or closing and settlement services, as defined in section 10-11-102(3.5), C.R.S., or settlement services, as defined in section 10-11-102(6.7), C.R.S.” (8 CCR 1505-11 Rule 2.4.3).

   2. Notary Signing Agents: While the carve out given to employees of title companies in the rules does not apply to independent contractor NSAs, the Colorado Secretary of State’s office informed the NNA that Notary Signing Agents may be exempt from the new rules if there is no charge attributed to a notarization and the NSA is only paid a flat fee for all services they render.

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REAL ESTATE PRACTICES

Notary Signing Agents

Qualifications and Oversight: Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Colorado.

Recording Requirements

“All deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting the title to real property, certificates, and certified copies of orders, judgments, and decrees of courts of record may be recorded in the office of the county clerk and recorder of the county where such real property is situated; except that all instruments conveying the title of real property to the state or a political subdivision shall be recorded pursuant to section 38-35-109.5.” (CRS 38-35-109).

Formatting Requirements: “All documents received for recording or filing in the clerk and recorder’s office, except a verification of application form as defined in section 38-29-102(13), C.R.S., shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file any document that does not conform to the requirements of this paragraph (a)” (CRS 30-10-406[3][a]).

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RECOGNITION OF NOTARIAL ACTS

Notarial Acts in Colorado

“(1) A notarial act may be performed in this state by:
“(a) A notary public of this state;
“(b) A judge, clerk, or deputy clerk of a court of this state; or
“(c) Any other individual authorized to perform the specific act by the law of this state.
“(2) The signature and title of an individual performing a notarial act in this state 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)(a) or (1)(b) of this section conclusively establish the authority of the officer to perform the notarial act” (CRS 24-21-510).

“Deeds, bonds, and agreements in writing conveying lands or any interest therein, or affecting title thereto, may be acknowledged or proved before the following officers when executed within this state:
“(a) Any judge of any court of record, the clerk of any such court of record, or the deputy of any such clerk, such judge, clerk, or deputy clerk certifying such acknowledgment under the seal of such court;
“(b) The clerk and recorder of any county, or his deputy, such clerk or deputy clerk certifying the same under the seal of such county;
“(c) Any notary public, certifying the same under his notarial seal; or
“(d) Prior to the second Tuesday in January, 1965, any justice of the peace within his county, except that if such deed, bond, or agreement is for the conveyance of lands situated beyond the county of such justice of the peace, there shall be affixed to his certificate of such acknowledgment a certificate of the county clerk and recorder of the proper county, under his hand and the seal of such county, as to the official capacity of such justice of the peace, and that the signature to such certificate of acknowledgment is the true signature of such justice” (CRS 38-30-126[1]).

“Any person otherwise authorized by law to take acknowledgments in this state may take and certify acknowledgments either in accordance with articles 30 to 44 of this title or in the same manner and on the same evidence as provided in part 5 of article 21 of title 24. Any certificate of acknowledgment that is taken pursuant to such part 2 shall be valid and have the benefits set forth in subsection (3) of this section, whether such certificate is given before or after January 1, 1999” (CRS 38-30-127[2]).

“A certificate of acknowledgment taken pursuant to [the Revised Uniform Law on Notarial Acts], or taken pursuant to [CRS 38-30-127[2]) shall:
“(a) Constitute prima facie evidence of proper execution of the instrument acknowledged;
“(b) Carry with it the presumptions provided by section 38-35-101; and
“(c) Be accorded the same force and effect as any acknowledgment taken and certified in accordance with articles 30 to 44 of this title” (CRS 38-30-127[3]).

Notarial Acts in U.S State or Jurisdiction

“(1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state if the act performed in that state is performed by:
“(a) A notary public of that state;
“(b) A judge, clerk, or deputy clerk of a court of that state; or
“(c) Any other individual authorized by the law of that state to perform the notarial act.
“(2) The signature and title of an individual performing a notarial act in another state 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)(a) or (1)(b) of this section conclusively establish the authority of the officer to perform the notarial act” (CRS 24-21-511).

“When executed out of this state, and within the United States or any territory thereof, [deeds, bonds, and agreements in writing conveying lands or any interest therein, or affecting title thereto, may be acknowledged or proved] before:
“(a) The secretary of any such state or territory, certifying such acknowledgment under the seal of such state or territory;
“(b) The clerk of any court of record of such state or territory, or of the United States within such state or territory, having a seal, such clerk certifying the acknowledgment under the seal of such court;
“(c) Any notary public of such state or territory, certifying the same under his notarial seal;
“(d) Any commissioner of deeds for any such foreign state or territory appointed under the laws of this state, certifying such acknowledgment under his hand and official seal;
“(e) Any other officer authorized by the laws of any such state or territory to take and certify such acknowledgment if there is affixed to the certificate of such officer, other than those above enumerated, a certificate by the clerk of some court of record of the county, city, or district, wherein such officer resides, under the seal of such court, that the person certifying such acknowledgment is the officer he assumes to be, that he has the authority by the laws of such state or territory to take and certify such acknowledgment, and that the signature of such officer to the certificate of acknowledgment is the true signature of such officer” (CRS 38-30-126[2]).

Notarial Acts Under Authority of Federally Recognized Indian Tribe

“(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)(a) or (1)(b) of this section conclusively establish the authority of the officer to perform the notarial act” (CRS 24-21-512).

Notarial Acts Under U.S. 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:
“(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 notarizing officer by the United States Department of State for performing notarial acts overseas; or
“(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 an officer described in subsection (1)(a), (1)(b), or (1)(c) of this section conclusively establish the authority of the officer to perform the notarial act” (CRS 24-21-513).

“When executed or acknowledged out of the state and within any colony, island possession, or bailiwick belonging to or under the control of the United States, [deeds, bonds, and agreements in writing conveying lands or any interest therein, or affecting title thereto, may be acknowledged or proved] before:
“(a) Any judge or clerk or deputy clerk of any court of record of such colony, island possession, or bailiwick, such judge, clerk, or deputy clerk certifying such acknowledgment under the seal of such court;
“(b) The chief magistrate or other chief executive officer of any such colony, island possession, or bailiwick, he certifying the same under his official seal, or before the mayor or the chief executive officer of any city, town, borough, county, or municipal corporation having a seal, of such colony, island possession, or bailiwick, such mayor or other chief officer certifying such acknowledgment under his official seal; or
“(c) Any notary public within such colony, island possession, or bailiwick, such notary public certifying such acknowledgment under his seal” (CRS 38-30-126[4]).

Notarial Acts in Foreign State

“(1) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe.
“(2) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
“(3) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
“(4) The signature and official stamp of an individual holding an office described in subsection (3) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.
“(5) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“(6) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office” (CRS 24-21-514).

“When executed or acknowledged out of the United States, [deeds, bonds, and agreements in writing conveying lands or any interest therein, or affecting title thereto, may be acknowledged or proved] before:
“(a) Any judge, or clerk, or deputy clerk of any court of record of any foreign kingdom, empire, republic, state, principality, province, colony, island possession, or bailiwick, such judge, clerk, or deputy clerk certifying such acknowledgment under the seal of such court;
“(b) The chief magistrate or other chief executive officer of any province, colony, island possession, or bailiwick or the mayor or the chief executive officer of any city, town, borough, county, or municipal corporation having a seal, of such foreign kingdom, empire, republic, state, principality, province, colony,
island possession, or bailiwick, such chief magistrate or other chief executive officer or such mayor certifying such acknowledgment under such seal; or
“(c) Any ambassador, minister, consul, vice-consul, consular agent, vice-consular agent, charge d’affaires, vice-charge d’affaires, commercial agent, vice-commercial agent, or diplomatic, consular, or commercial agent or representative or duly constituted deputy of any thereof of the United States or of any other government or country appointed to reside in the foreign country or place where the proof of acknowledgment is made, he certifying the same under the seal of his office” (CRS 38-30-126[3]).

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AUTHENTICATION OF NOTARIAL ACTS

Secretary of State

“(1) The secretary of state may issue certificates or apostilles attesting to the authenticity of a notarial act performed by a commissioned notary public.
“(2) The secretary of state shall not certify a signature of a notary public on:
“(a) A record that is not properly notarized in accordance with the requirements of this part 5;
“(b) A record:
“(i) Regarding allegiance to a government or jurisdiction;
“(ii) Relating to the relinquishment or renunciation of citizenship, sovereignty, in itinere status or world service authority; or
“(iii) Retting forth or implying for the bearer a claim of immunity from the law of this state or federal law” (CRS 24-21-534).

1. Fee: $5 per document. For expedited service (in person only): $15 per document (website, “Apostilles and Authentications” – Apostilles & Authentications Request Form”). The fee is payable by check or money order only to “Colorado Secretary of State.”

2. Mailing/Walk-In Address:
   Colorado Secretary of State
   Notary Program
   1700 Broadway, Suite 550
   Denver, CO 80290

3. Phone: 303-894-2200

4. eMail: authentications@colorado.gov

5. Procedure: Mail or present in person the original properly notarized document(s), along with the appropriate fee and a completed “Apostilles &Authentication Request Form,” which can be downloaded from the website. Walk-in customers can drop off documents to be processed. The Secretary of State’s office will notify customers via email or phone when their documents are ready to be picked up. Expedited service is available for hand-delivered documents only for an additional fee of $15 if submitted before 4:30 p.m. The Secretary’s office will try to process an expedited request while customers wait, but if there is a heavy demand or a backlog, customers may be asked to come back to the office later to retrieve their documents. (website, “Apostilles and authentications – General information”).

6. Verification of Authentication: Verification of the authenticity of an apostille or other authentication issued by the Colorado Secretary of State on or after April 5, 2011, is now available (website, “Verify an apostille or authentication”).

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