Minnesota - U.S. Notary Reference

Last Update: January 18, 2024

QUICK FACTS

Notary Jurisdiction

Statewide (MS 359.04).

Notary Term Length

Five years (MS 359.02). “A notary … holds office until January 31 of the fifth year following the year the commission was issued” (MS 359.02).

Notary Bond

Not required.

Notary Seal

Required (MS 358.65, Subd. 2; 359.03, Subd. 1; and 358.15[b]).

Notary Journal

Required for notarial acts involving remotely located individuals only (MS 358.645, Subd. 4)

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ADMINISTRATION AND RULES

Commissioning Official

Though Minnesota’s Governor nominally appoints and commissions the state’s Notaries, they are in fact commissioned through the Secretary of State’s office, which maintains records on them (MS 359.01, Subd. 1).

Regulating Official

Before July 1, 2005, the state Department of Commerce, through its Licensing Division, administered Minnesota’s Notary program. The Department of Commerce is still responsible for investigating complaints and allegations of misconduct against Notaries Public through their Market Assurance Division.

Contact Information

1. Secretary of State

   1. Address: Office of the Secretary of State
      60 Empire Drive, Suite 100
      Retirement Systems Bldg.
      St. Paul, MN 55103

   2. Phone: 651-296-2803
      877-551-6767

   3. Website: https://www.sos.state.mn.us/notary-apostille

2. Department of Commerce

   1. Address: Department of Commerce
      Main Office, Golden Rule Building
      85 7th Place East, Suite 280
      Saint Paul, Minnesota 55101

   2. Phone: 651-539-1500 (local)
      651-539-1600 (complaints)
      800-657-3602 (Greater MN only)

   3. Website: https://mn.gov/commerce

Laws, Rules and Guidelines

1. Laws: Most Notary laws are in the Minnesota Statutes (MS):
   a. Chapter 358, “Seals, Oaths, Acknowledgments” which includes the Revised Uniform Law on Notarial Acts;
   b. Chapter 359, “Notaries Public”.

2. Guidelines: Other guidelines for Notaries are published in the “Notary Help” sections of the Secretary of State’s website.

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COMMISSION AND APPOINTMENT

Commission Process

1. Qualifications: Applicants for a commission as a Minnesota Notary Public must (MS 359.01, Subd. 1 and 2[a]:
   (a) Be at least 18 years of age:
   (b) Be a citizen or a legal resident of Minnesota;
   (c) Be either a Minnesota resident or a resident of Iowa, North Dakota, South Dakota or Wisconsin; and
   (d) If a nonresident, designate the Minnesota Secretary of State as their agent for service of process.

2. Course: Not required.

3. Exam: Not required.

4. Application: The application for a Notary commission is available for download on the Secretary of State’s website.
   The nonrefundable application fee is $120 (MS 359.01, Subd. 3).
   The application must be supplemented by a “Criminal Background Check Form” if the applicant answers “yes” to any of four questions on the application about past criminal, civil or disciplinary actions against the applicant. However, an applicant need not answer “yes” to any of the questions due to an event or events that occurred prior to the last approved application to be a Notary and after having submitted the supporting documentation. If an event or event took place after submitting the prior application, a question must be answered “yes” and supporting documentation must be provided (website, “Notary Commission Application” form).

5. Background Screening: Not required.

6. Recording Commission: After commissioning or renewal, the commission of every resident Notary must be “recorded in the office of the local registrar of the notary’s county of residence” (MS 359.061, Subd. 1). In the case of a nonresident Notary, the commission “must be recorded in the Minnesota county the notary designates …” (MS 359.061, Subd. 2).
   At the time of registration, the applicant must submit two sample signatures – one that includes the full name of the applicant and the “normal” signature the applicant will use when notarizing documents (website, "Notary Commission Guide").
   The fee for county registration of the commission is $20 (MS 357.021, Subd. 2[12]).

7. Non-Residents: Residents of Iowa, North Dakota, South Dakota or Wisconsin may apply to become a Minnesota Notary Public .

8. Reappointment: All commissions expire on January 31 of the fifth year following the year the commission was issued. Renewal applications may be filed up to six months before commission expiration (MS 359.02). Notaries may begin the renewal process any time after August 1 of the year before their commission expires. Those renewing an unexpired Notary commission may file their application either by mail or online using a credit card to pay the application fee (website, “Existing Notaries”).
   If a Notary’s commission has expired, the individual must complete a Notary application form and mail it to the Secretary of State, along with the $120 fee (website, “Notary Help” > “Reappointment after Your Commission Expires”).

9. No Immunity of 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” MS 359.01 Subd. 6).

Registration to Perform In-Person Electronic 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 satisfy the requirements of [MS] section 359.01, Subd. 5, and shall notify the commissioning officer or agency that the notary public will be performing notarial acts with respect to electronic records” (MS 358.69, Subd. 2).
   “Before performing electronic notarial acts, a notary public shall register the capability to notarize electronically with the secretary of state. Before performing electronic notarial acts after recommissioning, a notary public shall reregister with the secretary of state” (MS 359.01, Subd. 5). The statute specifically states that the requirements of MS Chapter 358 related to the performance of electronic notarial acts do not apply to judges, clerks, deputy clerks and peace officers licensed under MS 626.845 for the purpose of administering oaths upon information submitted to establish probable cause to any judge or judicial officer under the Rules of Criminal Procedure.
   “To apply for e-Notarization, applicants must be currently registered as an active Minnesota Notary and have the capability to notarize electronically before requesting authorization to perform electronic notarizations” (website, “Notary Help” > “E-Notarization Authorization”).
   Upon acceptance of the application, the Secretary of State will issue the Notary an “E-Notarization Authorization Certificate.” If the Notary subsequently changes county of residence or renews the commission or if the commission expires, reregistration is required (website, “eNotarization Authorization” form).

2. Remote Notarial Acts: “(b) A notary public commissioned in this state may apply for remote online notarization registration according to this section. Before a notary performs a remote online notarization, the notary must register with the secretary of state according to [MS] section 359.01, Subd. 5, and must certify that the notary intends to use communication technology that conforms to this section.
   “(c) Unless terminated under this section, the term of registration to perform remote online notarial acts begins on the registration starting date set by the secretary of state and continues as long as the notary public’s current commission to perform notarial acts remains valid.
   “(d) Upon the applicant’s fulfillment of the requirements for remote online notarization registration under this section, the secretary of state shall record the registration under the applicant’s notary public commission number.
   “(e) The secretary of state may reject a registration application if the applicant fails to comply with [MS 358.645, Subd. 2] paragraphs (a) to (d). The commissioner of commerce may revoke a registration if the applicant fails to comply with [MS 358.645] Subd.s 2 to 6” (MS 358.645, Subd. 29[b] – [e]).
   “(a) Except as provided by [MS 358.645, Subd. 8] paragraph (b), a remote online notary public whose registration terminates shall destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the online notary public’s official electronic signature or seal. The remote online notary public shall certify compliance with this paragraph to the secretary of state through the secretary of state’s online commission record.
   “(b) A former remote online notary public whose registration terminated for a reason other than revocation or a denial of renewal is not required to destroy the items described in [MS 358.645, Subd. 8] paragraph (a) if the former remote online notary public is reregistered as a remote online notary public with the same electronic signature and seal within three months after the former remote online notary public’s registration terminated” (MS 358.645, Subd. 8).

Online Search

Information on all Minnesota Notaries may be obtained online through the Secretary of State’s website (website, “Find a Notary”). Notaries can be searched by name, commission number, city, or county. Information provided includes full name, commission number, business, city, county, and status.

The Notary applicant’s name and address the Notary designates when he or she applies for a commission, is public information (website, “Notary Commission Application” form).

Jurisdiction

“Every notary public so appointed, commissioned, and qualified shall have power throughout this state to administer all oaths required or authorized to be administered in this state; to take and certify all depositions to be used in any of the courts of this state; to take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments in writing or electronic records; and to receive, make out, and record notarial protests” (MS 359.04).

Term Length

“A notary commissioned under [MS] section 359.01 holds office until January 31 of the fifth year following the year the commission was issued, unless sooner removed by the governor or the district court, or by action of the commissioner of commerce” (MS 359.02).

Bond

Not required.

Changes of Status

1. Address Change: Any address change must be reported to the Secretary of State within 30 days of the change (MS 359.071).
   An address change may be filed by mail using the “Notary Commission Application” form available on the website, or it may be done online (website, “Existing Notaries”). There is no fee for an address change. If the move is to a new county, the Notary must reregister the commission in the new county (website, “Notary Help” > “Notary Change of Name or Address”).

2. Name Change: Any name change must be reported to the Secretary of State within 30 days of the change (MS 359.071).
   A name change must be filed by mail using the “Notary Commission Application” form available on the website. The Notary must submit his or her current commission certificate and a new commission application using the new name. A copy of the legal document changing the name (e.g., marriage certificate, divorce decree, court order) must be attached. There is no fee for a change of name. A new stamp must be obtained, and the Notary must register again with the local county registrar (website, “Notary Help” > “Notary Change of Name or Address”).

3. Resignation: “To cancel your commission, email the office of the Secretary of State at notary.sos@state.mn.us, or call us at 651-296-2803 or toll-free at 1-877-551-6767 and press option #3” (website, "Notary Commission Guide").

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NOTARIAL ACTS

Authorized Acts

1. Notarial Acts: Minnesota Notaries are authorized to perform the following notarial acts (MS 359.04 and 358.52, Subd. 6) with additional statutes as noted):

   1. Take acknowledgments;

   2. Administer oaths and affirmations;

   3. Take verifications upon oath or affirmation;

   4. Take depositions;

   5. Witness or attest signatures;

   6. Certify or attest copies;

   7. Receive, make and record protests (MS 336.3-505).

2. In-Person Electronic and Remote Notarial Acts: Minnesota 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” (MS 358.52, Subd. 2).
   “‘In a representative capacity’ means acting as:
   “(1) an authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
   “(2) a public officer, personal representative, guardian, or other representative, in the capacity stated in a record;
   “(3) an agent or attorney-in-fact for a principal; or
   “(4) an authorized representative of another in any other capacity.” (MS 358.52, Subd. 5).
   “Providing acknowledgments … means certifying that the signature already appearing on the document is genuine. If individuals have signed on behalf of another person or an organization, they must also demonstrate their authority to do so” (website, "Notary Commission Guide").

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 as set forth in [MS] section 358.57, 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” (MS 358.55, Subd. 1; see also 359.085, Subd. 1).

Oaths and Affirmations

1. Requirements: “If any person of whom an oath is required shall claim religious scruples against taking the same, the word ‘swear’ and the words ‘so help you God’ may be omitted from the foregoing forms, and the word ‘affirm’ and the words ‘and this you do under the penalties of perjury’ shall be substituted therefor, respectively, and such person shall be considered, for all purposes, as having been duly sworn” (MS 358.08).

2. Examples: The following wording is prescribed by statute for the Notary in executing an affidavit: For an oath on an affidavit: “You do swear that the statements of this affidavit, by you subscribed, are true, so help you God” (MS 358.07[10]).
   For an affirmation on an affidavit: “You do affirm that the statements of this affidavit, by you subscribed, are true, and this you do under the penalties of perjury” (MS 358.08).
   For oaths taken by trustees, referees, executors, administrators, guardians, arbitrators, viewers, assessors, appraisers, grand and petit jurors, witnesses, interpreters and attorneys, wording is prescribed in MS 358.06 and 358.07.

3. Ceremony: “The mode of administering an oath commonly practiced in the place where it is taken shall be followed, including, in this state, the ceremony of uplifting the hand” (MS 358.09).
   “Oath-takers must raise their hand and say the oath aloud” (website, "Notary Commission Guide").

Verifications upon Oath or Affirmation

1. Definition: “‘Verification upon 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” (MS 358.52, Subd. 16).

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” (MS 358.55, Subd. 2; see also 359.085, Subd. 2).

Depositions

Authority: “In taking depositions, the notary shall have the power to compel the attendance of and to punish witnesses for refusing to testify as provided by statute or court rule. All sheriffs shall serve and return all process issued by any notary in taking depositions” (MS 359.11).

Signature Witnessings or Attestations

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” (MS 358.55, Subd. 3; see also 359.085, Subd. 3).

“When witnessing or attesting a signature, the officer must be present when the signature is made” (MS 359.085, Subd. 3).

Copy Certifications or Attestations

1. Requirements: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item” (MS 358.55, Subd. 4 and 359.085, Subd. 4).
   When “attesting to copies of documents … Notaries evaluate copied documents to determine that they are complete and correct reproductions of the original documents” (website, "Notary Commission Guide").
   “Do not notarize if … the document is an original birth, death or marriage certificate. Certified copies [of these documents] should be obtained from the MN Department of Health or the county” (website, "Notary Commission Guide").

2. Paper Copy of Electronic Record: “If a law requires as a condition for recording that a document be an original, be on paper or another tangible medium, be in writing, or be signed, the requirement is satisfied by a paper copy of an electronic document bearing an electronic signature that a notary public has certified to be a true and correct copy of a document that was originally in electronic form and bearing an electronic signature pursuant to [MS 358.646] paragraph (c)” (MS 385.646[a]).
   “A notary public making the certification provided in [MS 385.646] shall:
   “(1) confirm that the electronic document contains an electronic signature that is capable of independent verification and renders any subsequent changes or modifications to the electronic document evident;
   “(2) personally print or supervise the printing of the electronic document onto paper; and
   “(3) not make any changes or modifications to the electronic document other than the certification described in [MS 358.646] paragraph (c)” (MS 358.646[f]).
   MS 358.646(i) excludes from paper printout copy certifications a a plat, map, or survey of real property if under another Minnesota law, if under a rule, regulation, or ordinance applicable to the office of the county recorder or the office of registrar of titles there are requirements of format or medium for the execution, creation, or recording of the plat, map, or survey beyond the requirements applicable to a deed to real property; or the plat, map, or survey must be recorded in a different location than a deed to real property.

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” (MS 336.3-505).

2. Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in [MS] section 336-505, paragraph (b)” (MS 358.55, Subd. 5; see also 359.085, Subd. 5).
   “The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (MS 336.3-505).

Remote Notarial Act

Definition: “‘Remote online notarization’ or ‘remote online notarial act’ means a notarial act performed by means of communication technology as defined in this section” (MS 358.645, Subd. 1[l]).

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STANDARDS OF PRACTICE

Personal Appearance

1. Definition: “'Appear,' ‘personally appear,’ or ‘in the presence of’ means:
   “(1) being in the same physical location as another person and close enough to see, hear, communicate with, and exchange tangible identification credentials with that individual; or
   “(2) interacting with another individual by means of communication technology as defined in this section” (MS 358.645, Subd. 1[b]).

2. Notarial Acts: “Except as otherwise provided in [MS] section 358.645, 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” (MS 358.56; see also 358.55, Subd. 1, 2, and 3, and 359.085, Subd. 1, 2, and 3).
   The Secretary of State’s office stresses the importance of this statutory requirement: “You may only perform notarial acts if … the document signer appears in person before you” and “Do not notarize if … the document signer or oath-taker does not personally appear before you” (website, "Notary Commission Guide").
   “I have a document that two people will sign and only one person is present. Can I proceed? — You may perform a notarization for the person who is present. Indicate on the notarial certificate exactly which signer was present, i.e. “John Doe only” in the blank reserved for the signer’s name” (website, “Notary Help” > “Notary FAQ”).

3. Remote Notarial Acts: “A remote online notarial act meeting the requirements of this section satisfies the requirement of any law of this state relating to a notarial act that requires a principal to appear or personally appear before a notary or that the notarial act be performed in the presence of a notary” (MS 358.645, Subd. 7[e]).

Identification

1. Notarial Acts

   1. Requirement: A Notary must verify the identity of document signers through personal knowledge or satisfactory evidence when taking acknowledgments and verifications upon oath or affirmation, and witnessing signatures (358.55, Subd. 1, 2, and 3; see also 359.085, Subd. 1, 2, and 3).
      “Do not notarize if … the document signer does not provide satisfactory evidence that he or she is the person whose true signature appears on the document” (website, "Notary Commission Guide").

   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” (MS 358.57, Subd. 1).

   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:
      “(1) by means of:
      (i) a passport, driver’s license, or government-issued nondriver identification card that is currently valid; or
      (ii) another form of government identification issued to an individual that is currently valid, contains the individual’s signature or a photograph of the individual, and is satisfactory to the officer; or
      “(2) 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 three years before performance of the notarial act” (MS 358.57, Subd. 2; see also MS 359.085, Subd. 6).

   4. 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” (MS 358.57, Subd. 3).

2. Remote Notarial Acts

   1. Definitions

      1. “‘Remote presentation' means transmission to the remote online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the remote online notary public to:
         “(1) identify the individual seeking the remote online notary public’s services; and
         “(2) perform credential analysis” (MS 358.645, Subd. 1[n]).

      2. “‘Credential analysis’ means an automated software- or hardware-based process or service through which a third person affirms the validity of a government-issued identification credential through review of public or proprietary data sources” (MS 358.645, Subd. 1[d])).

      3. ‘Identity proofing’ means a process or service through which a third person affirms the identity of an individual through review of personal information from public or proprietary data sources, and that may include dynamic knowledge-based authentication or biometric verification” (MS 358.645, Subd. 1[h]).

   2. Requirement: In performing a remote online notarization, a remote online notary public shall verify the identity of a person creating an electronic signature at the time that the signature is taken by using communication technology as defined by this section. Identity may be verified by:
      “(1) the remote online notary public’s personal knowledge of the person creating the electronic signature; or
      “(2) all of the following:
      “(i) remote presentation by the person creating the electronic signature of a currently valid government-issued identification credential, including a passport or driver’s license, that contains the signature and a photograph of the person;
      (ii) credential analysis of the credential described in item (i); and
      (iii) identity proofing of the person described in item (i)” (MS 358.645, Subd. 7[b]).

   3. Credential Analysis: “Credential analysis must confirm that the credential is valid and matches the signer’s claimed identity using one or more automated software or hardware processes that scan the credential, including its format features, data, bar codes, or other security elements” (MS 358.645, Subd. 5[2]).

   4. Identity Proofing: “A remote online notarial act performed under this section shall comply with the following minimum standards:
      “(1) Identity proofing shall include knowledge-based authentication with these or greater security characteristics:
      “(i) The signer must be presented with five or more questions with a minimum of five possible answer choices per question.
      “(ii) Each question must be drawn from a third-party provider of public and proprietary data sources and be identifiable to the signer’s social security number or other identification information, or the signer’s identity and historical events records.
      “(iii) Responses to all questions must be made within a two-minute time constraint.
      “(iv) The signer must answer a minimum of 80 percent of the questions correctly.
      “(v) The signer may be offered an additional attempt in the event of a failed first attempt.
      “(vi) During the second attempt, the signer may not be presented with more than three questions from the prior attempt” (MS 358.645, Subd. 5[1]).

Refusal of Services

1. Specific Grounds: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
   “(1) the individual executing the record is competent or has the capacity to execute the record; or
   “(2) the individual’s signature is knowingly and voluntarily made” (MS 358.58, Subd. 1).
   “When may I decline to perform a notarization? — If you know or suspect that the signer doesn’t understand the transaction or is being coerced, if the signer cannot be satisfactorily identified, if the document is dated later than the notarization, if the document is incomplete, if the signer is not present” (website, "Notary Help" > "Notary FAQ").
   “Verify a document signer’s willingness to sign the document…. Do not notarize if … the document signer or oath-taker appears unwilling or coerced” (website, "Notary Commission Guide").
   “Assess whether each document signer is competent” (website, “Become a Notary”).
   “Do not notarize if:
   “● The document is an original birth, death or marriage certificate.
   “● You believe the document or transaction is deceptive or fraudulent.
   “● You do not have adequate time to carry out the notarial act properly.
   “● You believe doing so will violate the law governing notarial acts” (NPG).

2. General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than [MS] sections 358.51 to 358.76” (MS 358.58, Subd. 2).

Signature by Proxy

“‘Written’ and ‘in writing’ may include any mode of representing words and letters. The signature of a person, when required by law,
“(1) must be in the handwriting of the person, or
“(2) if the person is unable to write
“(i) the person’s mark or name written by another at the request and in the presence of the person, or
“(ii) by a rubber stamp facsimile of the person's actual signature, mark, or a signature of the person’s name or a mark made by another and adopted for all purposes of signature by the person with a motor disability and affixed in the person's presence. The signature of a person on a document that will be filed with a court, when required by law, may also be made electronically if otherwise authorized by statute or court rule” (MS 645, Subd. 14).

“A notary public may certify as to the subscription or signature of an individual when it appears that the individual has a physical limitation that restricts the individual’s ability to sign by writing or making a mark, pursuant to the following:
“(1) the name of an individual may be signed, or attached electronically in the case of an electronic record, by another individual other than the notary public at the direction and in the presence of the individual whose name is to be signed and in the presence of the notary public. The signature may be made by a rubber stamp facsimile of the person’s actual signature, mark, or a signature of the person’s name or mark made by another and adopted for all purposes of signature by the person with a physical limitation; and
“(2) the words ‘Signature written by’ or ‘Signature attached by’ in the case of an electronic record, ‘(name of individual directed to sign or directed to attach) at the direction and in the presence of (name as signed) on whose behalf the signature was written’ or ‘attached electronically’ in the case of an electronic record, or words of substantially similar effect must appear under or near the signature” (MS 359.091[a]).

Signers with Disabilities

“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 such notary public when it appears that the individual is unable to communicate verbally or in writing” (MS 359.091[a]).

Attorneys in Fact

Effective January 1, 2014, with enactment of Chapter 2013-23 (House File 232), the format for a person signing a document as attorney in fact for a principal, whether or not the document is to be notarized, is as follows: “Disclose your identity as an attorney-in-fact whenever you act for the principal by signing in substantially the following manner: Signature by a person as ‘attorney-in-fact for (name of the principal)’ or ‘(name of the principal) by (name of the attorney-in-fact), the principal’s attorney-in-fact’ …” (MS 523.23, Subd. 1).

Last Wills

“The Notary should not proceed in notarizing a will unless clear instructions and notarial wording are provided, ideally by an attorney. Wills are such sensitive and important documents that there are certain dangers for Notaries involved with them. Some holographic (handwritten) wills may be invalidated by notarization. And Notaries who make the mistake of helping prepare a will may be sued by would-be or dissatisfied heirs. Often, misguided individuals will prepare their own wills and bring them to Notaries to have them ‘legalized.’ They will depend on the Notaries to know what kind of notarial act is appropriate. Of course, Notaries have no authority to offer such advice. And, whether notarized or not, these supposed ‘wills’ may be worthless. In many states, notarization of a will is rarely done and is unnecessary if other witnessing procedures are used. In other states, wills don’t need to be notarized at all. Often, it is not the signature of the testator or testatrix (maker of the will) that must be notarized, but the signatures of witnesses on affidavits appended to the will” (website, “Notary Help” > “Notary FAQ”).

Disqualifying Interest

1. Personal: “A notarial officer may not acknowledge [sic], witness or attest to the officer’s own signature, or take a verification of the officer’s own oath or affirmation” (MS 359.085, Subd. 7).
   “Can I notarize a document in which I am named? — [Minnesota Statutes section] 359.12 prohibits the dishonest and unfaithful discharge of notary duties and Bank of Benson v. Hove, 47 N.W. 449 (1890), involving a deed to a horse, declared that, ‘Undoubtedly the policy of the law forbids that the acknowledgment should be taken before a party to the deed….’ This policy extends to other documents in which the notary is named” (website, "Notary Help" > "Notary FAQ").
   The Secretary of State cautions that the same case cited above applies to situations in which a Notary has a financial interest in a document (website, "Notary Help" > "Notary FAQ").

2. Health Care Agents: “(a) A health care agent or alternate health care agent appointed in a health care power of attorney may not act as a witness or notary public for the execution of the health care directive that includes the health care power of attorney.
   “(b) At least one witness to the execution of the health care directive must not be a health care provider providing direct care to the principal or an employee of a health care provider providing direct care to the principal on the date of execution. A person notarizing a health care directive may be an employee of a health care provider providing direct care to the principal” (MS 145C.03, Subd. 3).

3. Corporate Notaries: A Notary who is an officer, director or stockholder of a corporation may notarize for that corporation (MS 358.25).

4. Relatives: “Can I notarize for a family member? — Minnesota Statutes 358.54, Subd. 2 states a notarial officer may not perform a notarial act with respect to a record to which the officer's spouse is a party, in which either of them has a direct interest. A notarial act performed in violation of this sub division is voidable. Notaries who do so in many instances will violate this statute prohibiting a direct beneficial interest. For instance, if a Notary is asked to witness her husband's signature on a loan document for the purchase of a home they will share, she will directly benefit from the transaction and should disqualify herself. The likelihood of a direct beneficial interest is usually greater with immediate family members - spouse, mother, father, son, daughter, sister or brother - than with non-immediate, such as in-laws, cousins, nieces, nephews, aunts and uncles. The matter of interest in an inheritance is more often a consideration with lineal descendants (children, grandchildren, etc.) and ascendants (parent, grandparents, etc.) than with nonlinear relatives. A Notary that will have no beneficial interest in notarizing for a relative and will not be prevented by law from doing so. However, to avoid later questioning of the Notary's impartiality, as well as accusations of undue influence, it is always safest for a signer to find a Notary who is not related” (website, "Notary Help" > "Notary FAQ").

Incomplete Documents

“While not responsible for the content of a document, [the Notary should] alert the signer to any blanks” (website, “Become a Notary”).

“Can I notarize a document with blank spaces? — [A] prudent Notary should skim the document for blanks and ask the document signer to fill them in. If they are intended to be left blank, then the signer can line through them or write N/A” (website, "Notary Help" > "Notary FAQ").

Undated Documents

“Can I notarize an undated document? — 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, it is acceptable to notarize it and record in your journal that the document has no date” (website, "Notary Help" > "Notary FAQ").

Faxed and Photocopied Signatures

“A photocopied or faxed signature may never be notarized” (website, "Notary Help" > "Notary FAQ").

Unauthorized Practice of Law

No Authority: “A commission as a notary public does not authorize an individual to:
“(1) assist persons in drafting legal records, give legal advice, or otherwise practice law;
“(2) act as an immigration consultant or an expert on immigration matters;
“(3) represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or
“(4) receive compensation for performing any of the activities listed in this Subd.” (MS 358.72, Subd. 1).

Advertisements

1. False or Deceptive Advertising: “A notary public may not engage in false or deceptive advertising” (MS 358.72, Subd. 2).

2. Use of ‘Notario’: “A notary public may not use the term ‘notario’ or ‘notario publico’” (MS 358.72, Subd. 3).

3. Advertising Legal Services: “A notary public, other than an attorney licensed to practice law in this state, may not advertise that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, digital media, and the Internet, the notary public shall include the following statement, or an alternate statement authorized or required by the commissioning officer or agency, in the advertisement or representation, prominently and in each language used in the advertisement: “I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.” If the form of advertisement is not broadcast media, print media, or the Internet, and does not permit the inclusion of the statement required by this Subd. because of size, it must be prominently displayed or provided at the place of performance of the notarial act before the notarial act is performed” (MS 358.72, Subd. 4).

4. Mandatory Notice: “A notary public who is not an attorney who advertises the services of a notary public in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall post or otherwise include with the advertisement a notice in English and the language in which the advertisement appears. This notice must be of a conspicuous size, if in writing, and must state: ‘I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN MINNESOTA AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.’ If the advertisement is by radio or television, the statement may be modified but must include substantially the same message” (MS 359.062[a]).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: In 2000, Minnesota adopted the Uniform Electronic Transactions Act (MS 325L.01 through 325L.19), including the provision on notarization and acknowledgment, thereby recognizing the legal validity of electronic signatures used by Notaries: “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” (MS 325L.11).

   2. Uniform Real Property Electronic Recording Act: In 2008, the state enacted the Minnesota Real Property Electronic Recording Act (MS 507.0941 through 507.0949). The Act enables Minnesota county recorders to record land records in electronic format and authorizes Notaries to use electronic signatures in notarizing such electronic land records: “(a) If a law requires, as a condition for recording, that a document be an original, on paper or another tangible medium, or in writing, the requirement is satisfied by an electronic document satisfying sections 507.0941 to 507.0948. If a law requires or refers to something related to tangible media including, without limitation, book, certificate, floor plan, page, volume, or words derived from them, the requirement or reference is satisfied by an electronic document satisfying sections 507.0941 to 507.0948.
      “(b) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
      “(c) A requirement that a document or a signature associated with a document be attested, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (MS 507.0943).

   3. Revised Uniform Law on Notarial Acts: Minnesota has enacted the Revised Uniform Law on Notarial Acts provisions regarding the notarization of electronic records. These provisions are summarized below.

2. Tamper-Evident Technology: “(a) 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.
   “(b) For purposes of this Subd., ‘tamper-evident’ means that any changes to an electronic document must display evidence of the change” (MS 358.69, Subd. 1).

3. Technology Systems

   1. Approval of System Providers: Not required.

   2. Listing of System Providers: The Secretary of State maintains a list of electronic and remote notarization system providers on its website at https://www.sos.state.mn.us/notary-apostille/notary-training-supplies.

4. Electronic Authentication Act

   1. Digital Certificate as Acknowledgment: Signed into law in 1997, the Minnesota Electronic Authentication Act (MS 325K.001 through 325K.27) equates the use of a digital certificate with an acknowledgment before a Notary: “Unless otherwise provided by law or contract, a certificate issued by a licensed certification authority satisfies the requirement for an acknowledgment pursuant to [MS] section 358.52 of a digital signature verified by reference to the public key listed in the certificate, regardless of whether words of an express acknowledgment appear with the digital signature and regardless of whether the signer physically appeared before the certification authority when the digital signature was created, if that digital signature is:
      “(1) verifiable by that certificate; and
      “(2) affixed when that certificate was valid” (MS 325K.23[1]).

   2. Liability of Certification Authority: “If the digital signature is used as an acknowledgment, then the certification authority is responsible to the same extent as a notary up to any limit on liability stated in the certification authority’s certification practice statement for failure to satisfy the requirements for an acknowledgment. The certification authority may not disclaim or limit, other than as provided in [MS] section 325K.17, the effect of this section” (MS 325K.23[2]).

Remote Notarial Acts

1. Applicable Law: Minnesota has enacted the Revised Uniform Law on Notarial Acts provisions regarding notarial acts for remotely located individuals. These provisions are summarized below.

2. Technology Systems

   1. Approval of System Providers: Not required. “Before a notary performs a remote online notarization, the notary must register with the secretary of state according to section 359.01, subdivision 5, and must certify that the notary intends to use communication technology that conforms to this section: (MS 359,645, Subd. 2[b]).

   2. Listing of System Providers: The Secretary of State maintains a list of electronic and remote notarization system providers on its website at https://www.sos.state.mn.us/notary-apostille/notary-training-supplies.

3. Authority to Perform Remote Acts: “A remote online notary public: … may perform remote online notarizations authorized under this section” (MS 358.645, Subd. 2[a][3]).

4. Location of Notary: “A remote online notary public may perform a remote online notarial act authorized under this section only while the remote online notary public is physically located in this state” (MS 358.645, Subd. 3[a]).

5. Location of Remotely Located Individual: “A remote online notary public physically located in this state may perform a remote online notarial act using communication technology as defined in this section for a remotely located individual who is physically located:
   “(1) in this state;
   “(2) outside this state, but within the United States; or
   “(3) outside the United States if:
   “(i) the remote online notary public has no actual knowledge of the remote online notarial act being prohibited in the jurisdiction in which the person is physically located; and
   “(ii) the person placing an electronic signature on the electronic document confirms to the remote online notary public that the requested remote online notarial act and the electronic document:
   “(A) are part of or pertain to a matter that is to be filed with or is currently before a court, governmental entity, or other entity in the United States;
   “(B) relate to property located in the United States; or
   “(C) relate to a transaction substantially connected to the United States” (MS 358.645, Subd. 3[a]).
   “A remote online notary public may perform a remote online notarization authorized under this section that meets the requirements of this section regardless of whether the principal is physically located in this state at the time of the remote online notarization” (MS 358.645, Subd. 7[a]).
   “‘Communication technology’ means an electronic device or process that allows a notary public physically located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound and that, as necessary, makes reasonable accommodation for individuals with vision, hearing, or speech impairments” (MS 358.645, Subd. 1[c]).

6. Validity of Remote Acts: “The validity of a remote online notarization performed by an online notary public of this state according to this chapter shall be governed by the laws of this state” (MS 358.645, Subd. [b]).

7. Records of Remote Acts: For the requirements related to keeping an electronic journal and audiovisual recording of remote notarizations, see “Records of Notarial Acts,” below.

8. Tamper-Evident Technology: “A remote online notary public shall attach the remote online notary public’s electronic signature and seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident” (MS 358.645, Subd. 6[b]).

9. Maximum Fee for Remote Acts: For the maximum fee a remote online Notary may charge to perform a remote online notarial act, see “Fees for Notarial Acts,” above.

Withholding Records

“Except as otherwise allowed by law, a notary public may 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” (MS 358.72, Subd. 5).

Privacy of Signer

“Respect the privacy of each signer and do not divulge or use personal or proprietary information disclosed during execution of a notarial act for other than an official purpose” (website, "Notary Commission Guide").

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CERTIFICATE OF NOTARIAL ACT

Certificate Requirements

1. General Requirement: “A notarial act must be evidenced by a certificate” (MS 358.65, Subd. 1).

2. Specific Requirements: The certificate must:
   “(1) be executed contemporaneously with the performance of the notarial act;
   “(2) 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 commissioning officer or agency;
   “(3) identify the jurisdiction in which the notarial act is performed;
   “(4) contain the title of office of the notarial officer; and
   “(5) if the officer is a notary public, indicate the date of expiration, if any, of the officer’s commission” (MS 358.65, Subd. 1).

Certificate Forms

Minnesota has adopted the Revised Uniform Law on Notarial Acts and the Act’s short-form certificates (MS 358.66). These certificates, as well as certificates for certifying a paper copy of an electronic documents and for remote online notarizations, and an alternative certificate for administering a written oath (also known as a jurat), appear below.

Remote Notarial Certificate

1. Definition: “‘Remote online notarial certificate’ is the form of an acknowledgment, jurat, verification on oath or affirmation, or verification of witness or attestation that is completed by a remote online notary public and:
   “(1) contains the online notary public’s electronic signature, electronic seal, title, commission number, and commission expiration date;
   “(2) contains other required information concerning the date and place of the remote online notarization;
   “(3) otherwise conforms to the requirements for an acknowledgment, jurat, verification on oath or affirmation, or verification of witness or attestation under the laws of this state; and
   (4) indicates that the person making the acknowledgment, oath, or affirmation appeared remotely online” (MS 358.645, Subd. 1[k]).

2. Indication of Remote Act: “The electronic notarial certificate for a remote online notarization must include a notation that the notarization is a remote online notarization” (MS 358.645, Subd. 7[d]).
   “In completing the certificate required to document the performance of the notarial act, the form shall indicate that the person appeared before the notary by means of communication technology if that was the method of the person’s appearance before the notary” (MS 358.645, Subd. 11).

Sufficiency of Certificate

1. Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of [MS 358.65] Subdivisions 1 and 2 and:
   “(1) is in a short form set forth in [MS] section 358.66;
   “(2) is in a form otherwise permitted by the law of this state;
   “(3) is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
   “(4) sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in [MS] sections 358.55, 358.56, and 358.57 or law of this state other than sections 358.51 to 358.76” (MS 358.65[3]).

2. Remote Notarial Acts: The two certificate forms under “Certificate Forms,” above are sufficient to satisfy the requirments of [MS] section 358.645, subdivision 7, paragraph (d) (MS 358.66[b]).

Security of Certificate

“If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the commissioning officer or agency has established standards pursuant to [MS] section 358.73 for attaching, affixing, or logically associating the certificate, the process must conform to the standards” (MS 358.65, Subd. 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 [MS] sections 358.54, 358.55, and 358.56” (MS 358.65, Subd. 4).

“A notarial officer may not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (MS 358.65, Subd. 5).

Description of Spouses

“If husband and wife join in and acknowledge the execution of any instrument, they shall be described in the certificate of acknowledgment as husband and wife; and, if they acknowledge it before different officers, or before the same officer at different times, each shall be described in the certificate as the spouse of the other” (MS 358.14).

False Certificate

“Whoever, when acting or purporting to act as a notary public or other public officer, certifies falsely that an instrument has been acknowledged or that any other act was performed by a party appearing before the actor or that as such notary public or other public officer the actor performed any other official act may be sentenced as follows:
“(1) If the actor so certifies with intent to injure or defraud, to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both; or
“(2) In any other case, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both” (MS 609.65).

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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” (MS 358.52, Subd. 9).

2. “'Stamping device' means:
   “(1) a physical device capable of affixing to a tangible record an official stamp; or
   “(2) an electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (MS 358.52, Subd. 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” (MS 358.65, Subd. 2).

   2. Other Notarial Officers: Required for certain notarial officers and permitted for all others.
      “An officer using the powers of a notary public within the state pursuant to clauses (1) to (3) shall obtain an official stamp as specified under section 359.03, subdivisions 1, 3, and 4, with which to authenticate official acts:” (MS 358.15[b]). The notarial officers required to use an official stamp under this statute include members of the Minnesota Legislature, clerk or recorders of towns and cities, court commissioners, county recorders and county auditors, and their deputies, and county commissioners.
      “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 subdivision 1, clauses (2), (3), and (4), an official stamp may be affixed to or embossed on the certificate” (MS 358.65, Subd. 2).

2. In-Person Electronic Notarial Acts

   1. Notaries Public: Permitted.
      “If the notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subdivision 1, clauses (2), (3), and (4), an official stamp may be attached to or logically associated with the certificate” (MS 358.65, Subd. 2).

   2. Other Notarial Officers: Permitted (MS 358.65, Subd. 2).

3. Remote Notarial Acts: The permission to use an official stamp with respect to an electronic record applies to a Remote Online Notary Public who performs remote notarial acts (MS 358.65, Subd. 2). Notarial officers other than Notaries Public are not authorized to perform remote notarial acts under Minnesota law.

4. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (MS 507.0943).

Stamp Format

1. Notarial Acts

   1. Inked Stamp: “The official stamp of a notary public must:
      “(1) satisfy the requirements of section 359.03; and
      “(2) be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated” (MS 358.67).

   2. Shape and Size: The stamp must be rectangular, not more than ¾ inch vertically by 2½ inches horizontally (MS 359.03, Subd. 3]).

   3. Border: The stamp must have “a serrated or milled edge border” (MS 359.03, Subd. 3).

   4. Components: The official stamp of a Notary Public must have the following components (MS 359.03, Subd. 3]):

      1. Name of Notary exactly as on commission;

      2. “Notary Public”;

      3. Minnesota state seal;

      4. “My commission expires ________ (commission expiration date).”

   5. Components of Official Stamp for Ex Officio Officers: The official stamp of ex officio officers with notarial powers must have the following components (MS 359.03, Subd. 3]):

      1. Name of officer;

      2. “Notarial Officer”;

      3. Minnesota state seal;

      4. “My commission expires ________ (term expiration date)” or, where applicable, “My term is indeterminate.”

2. In-Person Electronic Notarial Acts

   1. Notaries Public: “The information required by this section may be affixed electronically and shall be logically and securely affixed or associated with the electronic record being notarized” (MS 359.03, Subd. 4). For the required information, see “Components,” above.

   2. Other Notarial Officers: Other notarial officers who must keep an official stamp may affix the official stamp electronically as cited directly above.

3. Remote Notarial Acts: The requirements for the format of the official stamp with respect to tangible and electronic records apply to Remote Online Notaries who perform remote notarial acts (MS 359.03, Subd. 4). Notarial officers other than Notaries Public are not authorized to perform remote notarial acts under Minnesota law.

Examples

The below typical, actual-size examples of rubber stamp, embossing, and electronic Notary seals are allowed by Minnesota law. Other formats may also be permitted.

Stamp Considered “Seal”

“The official notarial stamp required by this section, whether applied to the record physically or electronically, is deemed to be a ‘seal’ for purposes of the admission of a document in court” (MS 359.03, Subd. 2[b]).

Commission Expiration

Because the commission expiration date is a required component on the official notarial stamp, when Notaries renew their commission, they must obtain a new stamp with the new commission expiration date on it (website, "Notary Help" > "Notary FAQ").

Ownership of Stamp

“The official notarial stamp, and the notary’s official journal, are the personal property of the notary and are exempt from execution” (MS 359.03, Subd. 1).

“[E]ven if you became a notary as a function of your employment, the stamp and journal are your personal property” (website, "Notary Commission Guide").

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” (MS 358.68).

Disposition of Stamp

“Notwithstanding [MS] section 359.03, Subd. 1, upon removal from office by the commissioner of commerce, a notary public shall deliver the notary’s official stamp to the commissioner of commerce” (MS 358.70, Subd. 5).

Smeared Stamp

“What if I smear my notarial stamp on the document? — If there is room, affix a second stamp nearby. It is not necessary to cross out the original stamp or write an explanation on the document; the reason for the second stamp will be obvious. If there is no room for a second stamp, attach a separate certificate with the same wording, signature and legible stamp. Line through the original notarial wording and draw a line specifically through your stamp and signature. Near the old certificate wording, write ‘See Attached Certificate’” (website, "Notary Help" > "Notary FAQ").

No Room for Stamp

“There is no room on the notarial certificate for my stamp impression. What do I do? — A stamp is required so attach a loose notarial certificate” (website, "Notary Help" > "Notary FAQ").

Lost or Stolen Stamp

“If [the stamp] is ever lost or stolen, contact the Office of the Minnesota Secretary of State” (website, "Notary Commission Guide").

Other Official Seals/Stamps

1. Legislators: “Every member of the legislature, while in office and residing in the district from which elected, may have an official notarial stamp, in the form provided in [MS] section 358.03, with which to authenticate official acts provided for in [MS] section 358.15” (MS 358.028).

2. Court Officers: “Upon every seal of a court or officer authorized or required to have a seal there shall be engraved the same device that is engraved on the seal of the state, and the name of the court or office in which it is to be used” (MS 358.03).
   “When any court of record is unprovided with a seal, the judge thereof may authorize the use of any temporary seal, or of any device by way of seal, until one is provided” (MS 358.04).

3. Private Seals: “Private seals are abolished, and all written instruments formerly required by law to be sealed shall be equally effective for all purposes without a seal; but nothing herein shall apply to the use of corporate seals” (MS 358.01).

Electronic Stamp

1. Security of eSeal: “A remote online notary public shall keep the remote online notary public’s … electronic seal secure and under the remote online notary public’s exclusive control, which may be done by password-controlled access. The remote online notary public … may not allow another person to use the remote online notary public’s … electronic seal to perform notarial acts or for any unauthorized purpose” (MS 358.645, Subd. 6[a]).

2. Theft or Vandalism of eSignature, eSeal: “A remote online notary public shall immediately notify an appropriate law enforcement agency and the commissioner of commerce of the theft or vandalism of the remote online notary public’s … electronic signature, or electronic seal. A remote online notary public shall immediately notify the commissioner of commerce of the loss or use by another person of the remote online notary public’s … electronic seal” (MS 358.645, Subd. 6[c]).

Notary Signature

While Minnesota law requires the Notary’s name on the notarial stamp to exactly match the name on the commission certificate (MS 359.03, Subd. 3), in the “Notary Commission Guide” and on the Secretary of State’s website (“Notary Commission Application” form and “Notary FAQ”), Notaries are told that they should use their “normal signature” when signing notarial certificates, even if that signature is different from the name on their stamp and commission. This policy is supported by MS 359.061, Subd. 1, which provides for two signatures to be filed with the county: “(1) a signature that matches the first, middle, and last name as listed on the notary’s commission and shown on the notarial stamp, and (2) a sample signature in the style in which the notary will actually execute notarial acts.”

Real Estate Documents: “Unless otherwise provided by law, an instrument affecting real estate that is to be recorded as provided in this section or other applicable law must contain the original signatures of the parties who execute it and of the notary public or other officer taking an acknowledgment” (MS 507.24, Subd. 2[a]).

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RECORDS OF NOTARIAL ACTS

Records Requirement

1. Journal

   1. Notarial Acts: Not required.

   2. In-Person Electronic Notarial Acts: Not required.

   3. Remote Notarial Acts: Required.
      “A remote online notary public shall keep one or more secure electronic journals of notarial acts performed by the remote online notary public” (MS 358.645, Subd. 4).

2. Recording of Remote Notarial Acts: Required.
   “The remote online notary public shall create an audio and video copy of the performance of the notarial act” (MS 358.645, Subd. 4[b]).

Journal Recommendation

Although keeping a journal for paper and electronic notarizations is not required by law, the Secretary of State’s office strongly encourages Minnesota Notaries to do so: “State law does not require a notary to keep records of their official acts. However, it is recommended that you keep a journal to assist in recalling what you have done, if needed or if legally challenged” (website, "Notary Commission Guide").

“While Minnesota law does not require a journal, it is prudent of a notary public to keep one. The journal is to record all notarial acts performed, which could include the date and time of the act, the type of act, a description of the document, signature of each principal and circumstances for not completing a notarial act” (website, "Notary Help" > "Notary FAQ").

Journal Format

“Electronic journal” means a secure electronic record of notarial acts that contains the items listed in and required by Subd. 4, paragraph (a), and performed by the remote online notary public” (MS 358.645, Subd. 1[e]).

Journal Entries

1. Remote Notarial Act Entries: “An electronic journal must contain for each remote online notarization:
   “(1) the date and time of the notarization;
   “(2) the type of notarial act;
   “(3) the type, the title, or a description of the electronic document or proceeding;
   “(4) the printed name and address of each principal involved in the transaction or proceeding;
   “(5) evidence of identity of each principal involved in the transaction or proceeding in the form of:
   “(i) a statement that the person is personally known to the remote online notary public;
   “(ii) a notation of the type of identification document provided to the remote online notary public; or
   “(iii) the following: (A) the printed name and address of each credible witness swearing to or affirming the person’s identity; and (B) for each credible witness not personally known to the remote online notary public, a description of the type of identification documents provided to the remote online notary public; and
   “(6) the fee, if any, charged for the notarization” (MS 358.645, Subd. 4[a]).

2. Paper and In-Person Electronic Notarial Act Entries: According to the “Notary Commission Guide,” Notaries should record the following information in the journal:

“1. Date
“2. Type of notarial act
“3. A description of the document
“4. The signature, printed name and address of each document signer
“5. How the signer proved their identity
“6. County
“7. Fee charged, if any” (website, "Notary Commission Guide").

Records Data Availability

“(a) The data collected by a notary public in compliance with this section is not subject to chapter 13, the Government Data Practices Act, but the notary public and the notary public’s agent must make a copy of the individual’s data included in the electronic journal and the audio-video recording available only to the individual whose signature was notarized or to a guardian, conservator, attorney-in-fact, or personal representative of an incapacitated or deceased individual.
“(b) The individual whose signature was notarized or the individual’s guardian, conservator, attorney-in-fact, or personal representative of an incapacitated or deceased individual may consent to the release of the data to a third party” (MS 358.645, Subd. 12).

Ownership of Journal

“The official notarial stamp, and the notary’s official journal, are the personal property of the notary and are exempt from execution” (MS 359.03, Subd. 1).

“[E]ven if you became a notary as a function of your employment, the stamp and journal are your personal property” (website, "Notary Commission Guide").

Security of Journal

1. Journal of Notarial Acts: “Safeguard your journal because it serves as an important public record” (website, "Notary Commission Guide").

2. Electronic Journal of Remote Acts: “The remote online notary public shall take reasonable steps to:
   …
   “(2) maintain a backup for the electronic journal required by [MS 358.645, Subd. 4] paragraph (a) and the recordings required by [MS 358.645, Subd. 4] paragraph (b); and
   “(3) protect the records and backup record in this Subd. from unauthorized access or use” [MS 358.645, Subd. 4[c]).
   “A remote online notary public shall keep the remote online notary public’s electronic journal … secure and under the remote online notary public’s exclusive control, which may be done by password-controlled access. The remote online notary public may, by agreement, use a software platform or service provider to facilitate provision of remote online notarizations and maintenance of and access to records, but may not allow another person to use the remote online notary public’s electronic journal … to perform notarial acts or for any unauthorized purpose” (MS 358.645, Subd. 6[a]).

3. Theft or Vandalism of eJournal: “A remote online notary public shall immediately notify an appropriate law enforcement agency and the commissioner of commerce of the theft or vandalism of the remote online notary public’s electronic journal…. A remote online notary public shall immediately notify the commissioner of commerce of the loss or use by another person of the remote online notary public’s electronic journal…” (MS 358.645, Subd. 6[c]).

Retention of Records

“The electronic journal required by [MS 358.645, Subd. 4] paragraph (a) and the recordings required by paragraph [MS 358.645, Subd. 4] (b) shall be maintained for at least ten years after the date of the transaction or proceeding. The remote online notary public may, by written agreement, designate as a repository of the recording and the electronic journal:
“(1) the employer of the remote online notary public if evidenced by a record signed by the remote online notary public and the employer in which the employer agrees to meet the applicable requirements of this paragraph and [MS 358.645, Subd. 4] paragraph (c); or
“(2) another repository meeting the applicable requirements of this paragraph and [MS 358.645, Subd. 4] paragraph (c)” [MS 358.645, Subd. 4[d]).

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FEES FOR NOTARIAL ACTS

Maximum Fees

1. Notarial Acts: The maximum fees allowed for notarial acts are (MS 357.17):

   1. For taking an acknowledgment: $5;

   2. For administering an oath: $5;

   3. For notarizing any affidavit or paper not otherwise specified: $5 per folio¹, plus $1 per folio for copies;

   4. For executing a protest, with copy: $5; for serving notice of nonpayment or nonacceptance, with copy: $5.

2. Remote Online Notarial Acts: “A remote online notary public or the remote online notary public’s employer may charge a fee not to exceed $25 for the performance of a remote online notarial act, if the act occurs before January 1, 2023” (MS 358.634, Subd. 3[c]).

¹ "'Folio' means 100 words, counting as a word each number necessarily used; if there be fewer than 100 words in all, the paper shall be computed as one folio; likewise any excess over the last full folio” (MS 645.44 Subd. 4). Subdivision 1 of the same statute says, “The following words, terms, and phrases used in Minnesota Statutes or any legislative act shall have the meanings given them in this section, unless another intention clearly appears.” Thus, this definition would apply to the use of “folio” in MS 357.17 Subd. 4.

Overcharging

For the offense of charging more than allowed by Minnesota statute, a Notary Public may be removed from office and become ineligible for a future Notary Public commission: “Every notary who shall charge or receive a fee or reward for any act or service done or rendered as a notary greater than the amount allowed by law ... is subject to the penalties imposed pursuant to section 45.027. A notary may be removed from office only by the governor, the district court or the commissioner of commerce” (MS 359.12).

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REAL ESTATE PRACTICES

Notary Signing Agents

As of early 2015, it is the position of the Minnesota Department of Commerce, which regulates Notaries and real estate closing agents in Minnesota, that most Notaries who perform loan document signing services must be licensed closing agents as defined in MS 82.55(4).

According to MS 82.641(6), some individuals are exempted from the licensing requirement. These exemptions, however, will not apply to most independent contractors acting as Notary Signing Agents (NSAs). In most cases, Minnesota NSAs therefore must be licensed as closing agents if they wish to continue providing loan document signing services. NSAs who fail to obtain the proper licensing could be subject to administrative action, including but not limited to a maximum $10,000 civil penalty per violation.

Minnesota Department of Commerce Advisory: “The Minnesota Department of Commerce recently conducted an audit of the services provided by people who advertised and identified themselves as “mobile notaries” in Minnesota. Based on the audit results, the Department learned that many mobile notaries are engaged in activities that exceed the scope of their notary commission and/or require a real estate closing agent license. Therefore, the Commerce Department is cautioning notaries public that the following are some activities that may require a real estate closing license:
“– Obtaining or charging fees to obtain signatures on documents that do not require notarization and which are purely real estate closing documents, including HUD-1 Settlement Statements and notices of loan rescission rights. Compare Minn. Stat. §§ 357.17, 359.04 and 82.55, subd. 4.
“– Receiving or taking temporary possession of funds paid by the borrower to fund and close the transaction. Compare Minn. Stat. §§ 359.04 and 82.55, subd. 4 and 26.
“– Providing any explanation to the borrowers (or buyers or sellers) about the various documents that are being signed. Compare Minn. Stat. §§ 359.04 and 82.55, subd. 4.
“– Charging fees for services that are not contemplated or authorized by Minn. Stat. § 357.17. For example, the Commerce Department survey found that mobile notaries routinely charge fees for travel and for printing documents” (“Mobile Notaries and Real Estate Transactions, An Advisory from the Minnesota Department of Commerce” accessed from the Secretary of State’s website, “Notary Help” > “Notary FAQ”).

Recording Requirements

“To entitle any conveyance, power of attorney, or other instrument affecting real estate to be recorded, it shall be legible and archivable, it shall be executed, acknowledged by the parties executing the same, and the acknowledgment certified, as required by law. All such instruments may be recorded in every county where any of the lands lie. If the conveyance, power of attorney, or other instrument affecting real estate is executed out of state, it shall be entitled to record if executed as above provided or according to the laws of the place of execution so as to be entitled to record in such place” (MS 507.24, Subd. 1).

“Unless otherwise provided by law, an instrument affecting real estate that is to be recorded as provided in this section or other applicable law must contain the original signatures of the parties who execute it and of the notary public or other officer taking an acknowledgment. However, a financing statement that is recorded as a filing pursuant to section 336.9-502(b) need not contain:
“(1) the signatures of the debtor or the secured party; or
“(2) an acknowledgment. An instrument acknowledged in a representative capacity as defined in section 358.41 on behalf of a corporation, partnership, limited liability company, or trust that is otherwise entitled to be recorded shall be recorded if the acknowledgment made in a representative capacity is substantially in the form prescribed in chapter 358, without further inquiry into the authority of the person making the acknowledgment” (MS 507.24, Subd. 2[a]).

Paper Copy of Electronic Document: “The office of the county recorder or the office of registrar of titles shall record a paper copy of a document that was originally in electronic form and that is otherwise entitled to be recorded under the laws of this state, provided that the paper copy has been certified to be a true and correct copy of the electronic original by a notary public duly commissioned under the laws of this state as evidenced by a certificate attached to or made a part of the document. The certificate must:
“(1) be signed and dated by the notary public, and be signed in the same manner as required by section 359.061.
“(2) identify the jurisdiction in which the certification is performed;
“(3) contain the title of the notary public;
“(4) indicate the date of expiration, if any, of the notary public’s commission; and
“(5) include an official seal or stamp of the notary public affixed to the certificate” (MS 358.646[c]).

For the authority of a Notary to certify that a paper printout of an electronic record is a true copy, see “Notarial Acts” above. For the certificate of a paper printout certified as a true copy of an electronic record, see “Certificate of Notarial Act” above.

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RECOGNITION OF NOTARIAL ACTS

Notarial Acts in Minnesota

“A notarial act may be performed in this state by:
“(1) a notary public of this state;
“(2) a judge, clerk, or deputy clerk of a court of this state; or
“(3) any other individual authorized to perform the specific act by the law of this state” (MS 358.60[1]).

“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” (MS 358.60, Subd. 2).

“The signature and title of a notarial officer described in [MS 358.60] Subd. 1, clause (1) or (2), conclusively establish the authority of the officer to perform the notarial act” (MS 358.60, Subd. 3).

1. Ex Officio Notaries: The following officers also have the ex officio powers of a Notary within the state (MS 358.15[a]):

   1. Every member of the Legislature while still residing in the district from which elected, but no fee may be received. (The form of the official signature would be: “John Doe, Representative [or Senator], _________ District, Minnesota, Ex Officio Notary Public. My term expires January 1, _____.”);

   2. Clerks or recorders of towns and cities. (The form of the official signature would be: “John Doe, (official title), _________ County, Minnesota, Ex Officio Notary Public. My term expires _________” or, where applicable, “My term is indeterminate.”);

   3. Court commissioners, county recorders, and county auditors, and their several deputies, and county commissioners, all within their respective counties. (The form of the official signature would be the same as for town or city clerks or recorders.);

   4. Peace officers licensed under Section 626.845 for the purpose of administering oaths in criminal proceedings. (The form of the official signature would be: “John Doe, Peace Officer License Number _________, _________ County, Minnesota. My license expires June 30, _____.”).

2. Power to Administer Oaths: “Any officer authorized by this chapter to take and certify acknowledgments may administer an oath, and, if the same be in writing, may certify the same under the officer’s signature, and an official notarial stamp, in the following form: ‘Subscribed and sworn to before me this __________ day of _______________, ______’ The mode of administering an oath commonly practiced in the place where it is taken shall be followed, including, in this state, the ceremony of uplifting the hand” (MS 358.09).
   “All persons holding office under any law of this state, or under the charter or ordinances of any municipal corporation thereof, including judges and clerks of election, and all committee members, commissioners, trustees, referees, appraisers, assessors, and all others authorized or required by law to act or report upon any matter of fact, shall have power to administer such oaths as they may deem necessary to the proper discharge of their respective duties” (MS 358.10).

Notarial Acts in U.S. State or Jurisdiction

“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:
“(1) a notary public of that state;
“(2) a judge, clerk, or deputy clerk of a court of that state; or
“(3) any other individual authorized by the law of that state to perform the notarial act” (MS 358.61[1]).

“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” (MS 358.61, Subd. 2).

“The signature and title of a notarial officer described in [MS 358.61] Subd. 1, clause (1) or (2), conclusively establish the authority of the officer to perform the notarial act” (MS 358.61, Subd. 3).

Notarial Acts Under Authority of Federally Recognized Indian Tribe

A notarial act performed under the authority and in the jurisdiction of a federally recognized tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of that tribe or nation is performed by:
“(1) a notary public of that tribe;
“(2) a judge, clerk, or deputy clerk of a court of that tribe; or
“(3) any other individual authorized by the law of that tribe to perform the notarial act” (MS 358.62, Subd. 1).

“The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title” (MS 358.62, Subd. 2).

“The signature and title of a notarial officer described in [MS 358.62] Subd. 1, clause (1) or (2), conclusively establish the authority of the officer to perform the notarial act” (MS 358.62, Subd. 3).

Notarial Acts Under Federal Law

“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:
“(1) a judge, clerk, or deputy clerk of a court;
“(2) an individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
“(3) an individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or
“(4) any other individual authorized by federal law to perform the notarial act” (MS 358.63, Subd. 1).

“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” (MS 358.63, Subd. 2).

“The signature and title of an officer described in [MS 358.63] Subd. 1, clause (1), (2), or (3), conclusively establish the authority of the officer to perform the notarial act” (MS 358.63, Subd. 3).

Notarial Acts in Foreign State

In this section, ‘foreign state’ means a government other than the United States, a state, or a federally recognized tribe” (MS 358.64, Subd. 1).

“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” (MS 358.64, Subd. 2).

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” (MS 358.64, Subd. 3).

The signature and official stamp of an individual holding an office described in [MS 358.64] Subd. 3 are prima facie evidence that the signature is genuine and the individual holds the designated title” (MS 358.64[4]).

“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” (MS 358.64, Subd. 5).

“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” (MS 358.64, Subd. 6).

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AUTHENTICATION OF NOTARIAL ACTS

County Registrars

Locally, authenticating certificates for Minnesota Notaries are issued for a fee of $5 by the registrar of the county in which the Notary filed his or her commission (MS 359.061, Subd. 4).

Secretary of State

A single authenticating certificate for and apostille or certificate of authority are also issued by the Minnesota Secretary of State’s office (website, “Apostille Authentication”).

1. Fees: $5 per certificate or apostille, with check or money order payable to “Minnesota Secretary of State” (website, “Apostille Authentication” > “How to Get an Apostille”).

2. Address
   Retirement Systems of Minnesota Building
   Minnesota Secretary of State — Certification
   60 Empire Drive, Suite 100
   St. Paul, MN 55103-2141

3. Phone
   651-296-2803
   877-551-6767

4. Procedure: Persons needing authentication should mail or present in person the original notarized document(s), along with the appropriate fee and a cover letter indicating the country of destination. “You may enclose a prepaid FedEx, USPS Priority Mail or UPS label if you wish to use a mail tracking service, [and] please provide a pre-paid air bill” (website, “Apostille Authentication” > “How to Get an Apostille”). The Secretary of State will mail documents by U.S. Postal Service regular mail at no charge if no prepaid shipping service is used.

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