Oklahoma - U.S. Notary Reference

Last Update: January 8, 2024

QUICK FACTS

Notary Jurisdiction

Statewide (49 OS 6[A]).

Notary Term Length

Four years (49 OS 1).

Notary Bond

$1,000 (49 OS 2[A]).

Notary Seal

Required (49 OS 5; see also 16 OS 35 and OAC 655:25-5-2[c]).

Notary Journal

Required for absentee ballots (26 OS 14-108.1.B); required for remote online notarizations (49 OS 206; OAC 655:25-11-8).

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ADMINISTRATION AND RULES

Commissioning Official

The Oklahoma Secretary of State appoints, commissions, regulates and maintains records on the state’s Notaries (49 OS 1).

Contact Information

1. Address: Office of Secretary of State
   Notary Public Services
   421 NW 13th St., Suite 210
   Oklahoma City, OK 73103

2. Phone: 405-521-2516

3. Website: https://www.sos.ok.gov/notary/default.aspx

Laws, Rules and Guidelines

1. Laws: Most Notary statutes are in the Oklahoma Statutes (OS): Title 49, “Notaries Public”; and Title 16, “Conveyances.”

2. Rules: Notary regulations are in the Oklahoma Administrative Code (OAC), Title 655, Chapter 25, “Notary Public.”

3. Guidelines: Other guidelines for Notaries are in the “Notary Public Guide” (NPG) (December 2015), issued by the Oklahoma Secretary of State and available on the website.

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COMMISSION AND APPOINTMENT

Commission Process

1. Qualifications: An applicant for an Oklahoma Notary Public commission must (49 OS 1 and 49 OS 1.1; OAC 655:25-1-2[a][4] and [a][5]):
   (a) Be a citizen of the United States (49 OS 1);
   (b) Be a legal resident of Oklahoma or an out-of-state resident who is employed in Oklahoma;
   (c) Be 18 years of age or older;
   (d) Be able to read and write English; and
   (e) Never have been convicted of a felony.

2. Course: Not required.

3. Exam: Not required.

4. Application: First-time applicants or applicants whose commission has expired must submit a completed application to the Secretary of State with a $25 fee. Applicants requiring same-day service must submit an additional $25 for that service (49 OS 1; OAC 655:25-1-2[a][10]). Applications may be submitted online, in person, or by mail.
   Upon commissioning, the new Notary will be sent a “Notary Public Guide” and a blank $1,000 bond form. The bond form includes an oath of office and a loyalty oath. The bond and both oaths require notarization before another Notary, and an impression of the new Notary’s seal must be affixed on the bond form. The bond must bear the same starting and expiration dates as the Notary commission. Once completed and notarized, the bond form and a $10 filing fee must be returned to the Secretary of State not more than 60 days after the issuance of the commission (49 OS 2.A and C; website, “Notary Bond Form”).
   “A notary public shall not perform any notarial act until his or her bond, official seal, oath of office and loyalty oath … [have] been received and approved by the Secretary of State” (49 OS 2.D).

5. Background Screening: Not required.

6. Nonresidents: Out-of-state residents may become Notaries if they are employed in Oklahoma (49 OS 1 and 49 OS 1.1[4]; OAC 655:25-1-2[a][4]).

7. Reappointment: Renewing Notaries must submit a completed application to the Secretary of State with a $20 fee (49 OS 1; OAC 655:25-1-2[a][10]).
   A renewal application will not be accepted earlier than six weeks prior to expiration of the Notary’s current commission (OAC 655:25-1-2[b]).
   An application received after commission expiration will be processed as a new appointment with a new commission number and expiration date (NPG; see also OAC 655:25-1-2[c][2]).

Registration to Perform Remote Notarial Acts

1. Requirement: “A notary public appointed and commissioned under Section 1 of Title 49 of the Oklahoma Statutes may perform remote online notarizations under Title 49 of the Oklahoma Statutes if authorized by the Secretary of State. Before a notary public performs the notary public’s initial remote online notarization, the notary public shall register with the Secretary of State under subsection C of this section and receive written authorization from the Secretary of State under subsection D of this section. An individual may apply for a commission under Section 1 of Title 49 of the Oklahoma Statutes and apply for registration under this section at the same time” (49 OS 204.A).

2. Approval of Technology: “If the technology identified by the applicant conforms to the standards under Section 4 of this act and the applicant has satisfied the requirements of this section, the Secretary of State shall approve the use of the technology and issue to the applicant written authorization to perform remote online notarizations during the term of the applicant’s notarial commission under Section 1 of Title 49 of the Oklahoma Statutes” (49 OS 204.D).

3. Hardware and Software Updates: “Nothing herein (49 OS 204) shall be construed to prohibit a notary public from receiving, installing, or using a hardware or software update to the technologies that the notary public identified [49 O.S., § 204.H] under subsection (b) of this Section if the hardware or software update does not result in technologies that are materially different from the technologies that the notary public identified [49 O.S., § 204(H)]” (OAC 655:25-11-3[k]).

4. Termination of Registration: “A notary public’s authorization to perform remote online notarizations terminates if:
   “(1) the notary public’s name changes during the term of the notary public’s commission [49 O.S., § 204(G)(1)]; and
   “(2) the notary public elects to use the notary public’s new name under a new commission [49 O.S., § 204(G)(2)]” (OAC 655:25-11-3[j]).

Online Search

The Secretary of State’s website at https://www.sos.ok.gov/notary/search.aspx enables an online search of the state’s roster of Notaries by name, commission number, county and city. Information available includes the Notary’s commission number, active or inactive status, commission expiration date and address.

Jurisdiction

“Notaries public shall have authority within any county in this state to make the proof and acknowledgement of deeds and other instruments of writing required to be proved or acknowledged; to administer oaths; to demand acceptance or payment of foreign or inland bills of exchange and promissory notes, and protest the same for nonacceptance or nonpayment, as the same may require, and to exercise such other powers and duties as by law of nations and commercial usage may be performed by notaries public” (49 OS 6).

Term Length

“The Secretary of State shall appoint and commission in this state notaries public, who shall hold their office for four (4) years” (49 OS 1).

“Each person appointed and commissioned as a notary public shall hold office for a term of four (4) years from the effective date of the notary’s commission, unless a commission is resigned or revoked prior to the end of the four year term” (OAC 655:25-1-5.1).

Bond

1. Requirement: “A. Before entering upon the duties of his or her office and not more than sixty (60) days after issuance of a notary commission, every notary public so appointed and commissioned shall file in the office of the Secretary of State, the notary’s oath of office, the notary’s loyalty oath, the notary’s official signature, an impression of the notary’s official seal, and a good and sufficient bond to the State of Oklahoma, in the sum of One Thousand Dollars ($1,000.00), to be approved by the Secretary of State, conditioned for the faithful performance of the duties of the notary’s office.
   “B. The bond required by subsection A of this section shall be signed by:
   “1. An insurance agent licensed by the State of Oklahoma;
   “2. An attorney-in-fact on behalf of an insurance company with a power of attorney attached; or
   “3. One or more individual sureties who are property owners in the county of residence of the notary, or if a nonresident, the county of employment of the notary.
   “C. The bond required by subsection A of this section shall be issued for a term that commences on the bond’s effective date and terminates on the commission’s expiration date. Upon the filing of his or her bond with the Secretary of State, every notary public shall pay to the Secretary of State the sum of Ten Dollars ($10.00) to be deposited to the credit of the Revolving Fund for the Office of the Secretary of State.
   “D. A notary public shall not perform any notarial act until his or her bond, official seal, oath of office and loyalty oath, as required by subsection A of this section, has been received and approved by the Secretary of State” (49 OS 2; see also OAC 655:25-1-5).

2. Employers: “At the conclusion of a notary’s employment, an employer may neither require the notary to surrender the seal nor cancel the surety bond; however, the employer is not required to pay any remaining premium or fee which may be due on the bond” (Oklahoma Attorney General Opinion 00-28 of May 11, 2000).

3. Statute of Limitations: “No suit shall be instituted against any such notary or his securities more than three (3) years after the cause of action accrues” (49 OS 10).

Changes of Status

1. Name Change: “If a name change occurs in the middle of a term, the notary has two options:
   “1. The notary may continue to use the former name as issued on the existing commission until it expires; or
   “2. The notary may use the notary’s new name by completing and filing an application with the Secretary of State with a fee of Twenty-five Dollars ($25.00). A new commission expiration date will be established. It will be necessary for a notary to purchase a new seal and obtain a new bond ...” (49 OS 11.B; see also OAC 655:25-7-2).
   If the second option is taken, the Notary must submit a letter of resignation of the current commission to the Secretary of State (NPG).

2. Address Change: “If a notary’s resident address changes, the notary must inform the Secretary of State in writing within thirty (30) days of such change. The notary is not required to file a new bond or obtain another seal if the notary moves from one county to another” (49 OS 11[A]; see also OAC 655:25-7-1).
   “Notaries who cease to reside or work in this state shall resign their commission [see below]” (OAC 655:25-3-2[b]).

3. Resignation: “(a) A notary who resigns a notarial commission shall submit to the Secretary of State a written notice of resignation and the effective date of such resignation.
   “(b) Notaries who cease to reside or work in this state shall resign their commission.
   “(c) When a notarial commission is resigned, the notary shall destroy the official seal(s)” (OAC 655:25-3-2).

4. Death of Notary: “If a notary dies during the term of commission, the notary’s heirs or personal representative, as soon as reasonably practicable after death, shall:
   “(1) destroy the official seal(s); and
   “(2) submit a written notice of the date of death to the Secretary of State, signed by an heir or personal representative of the deceased notary” (OAC 655:25-3-3).

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NOTARIAL ACTS

Authorized Acts

1. Notarial Acts: Oklahoma Notaries are authorized to perform the following notarial acts (49 OS 6.A and 49 OS 112.1):

   1. Take acknowledgments and proofs;

   2. Administer oaths and affirmations;

   3. Take verifications upon oath or affirmation;

   4. Witness or attest signatures;

   5. Certify or attest copies of documents or other items;

   6. Execute protests;

   7. “Exercise such other powers and duties as by law of nations and commercial usage may be performed by notaries public” (49 OS 6.A).

2. Remote Notarial Acts: Oklahoma Notaries who have registered to perform remote notarial acts may perform any notarial act listed above remotely.

Acknowledgments

1. Definition: “‘Acknowledgment’ means a declaration by a person that the person has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein” (49 OS 112.2).
   “‘In a representative capacity’ means:
   “A. for and on behalf of a corporation, partnership, trust, or other entity, as an authorized officer, agent, partner, trustee or other representative;
   “B. as a public officer, personal representative, guardian or other representative, in the capacity recited in the instrument;
   “C. as an attorney in fact for a principal; or
   “D. in any other capacity as an authorized representative of another” (49 OS 112.4).

2. Requirements: “In taking an acknowledgment, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument” (49 OS 113.A).

Verifications

1. Definition: “‘Verification upon oath or affirmation’ means a declaration that a statement is true made by a person upon oath or affirmation” (49 OS 112.3).

2. Requirements: “In taking a verification upon oath or affirmation, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the verification is the person whose true signature is on the statement verified” (49 OS 113.B).

Signature Witnessings or Attestations

Requirements: “In witnessing or attesting a signature the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the officer and named therein” (49 OS 113.C).

Copy Certifications or Attestations

1. Requirements: “In certifying or attesting a copy of a document or other item, the notarial officer must determine that the proffered copy is a full, true, and accurate transcription or reproduction of that which was copied. In the case of official records, only the custodian of the official records may issue an official certified copy” (49 OS 113.D).

2. Tangible Copy of Electronic Record: “A notary public commissioned under Section 1 of Title 49 of the Oklahoma Statutes may certify that a paper or tangible copy of an electronic document is a true and correct copy of the electronic document if the notary public has:
   “1. Reasonably confirmed that the electronic document is in a tamper-evident format;
   “2. Detected no changes or errors in any electronic signature or other information in the electronic document;
   “3. Personally printed or supervised the printing of the electronic document onto paper or other tangible medium; and
   “4. Not made any changes or modifications to the electronic document or to the paper or tangible copy thereof other than the certification described in this subsection” (16 OS 87.C).
   “A county clerk shall record a paper or tangible copy of a document that is otherwise entitled to be recorded under the laws of this state, provided that the paper or tangible copy has been certified by a notary public to be a true and correct copy of an electronic document under subsection C of this section as evidenced by a certificate. The certificate shall be completed in the manner required in subsection A of Section 118 of Title 49 of the Oklahoma Statutes” (16 OS 87.D).
   “This section [16 OS 87] does not apply to a plat, plan, map or survey of real property if under another law of this state or a rule, regulation or ordinance applicable to a county clerk:
   “1. There are requirements of format or medium for the execution, creation or recordation of such plat, plan, map or survey beyond the requirements applicable to a deed to real property; or
   “2. Such plat, plan, map or survey shall be recorded in a different location than a deed to real property” (16 OS 87.H).

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” (OS 12A:3-505[b]).

2. Requirements: “In making or noting a protest of a negotiable instrument the notarial officer must determine the matters set forth in Section 3-509 of the Uniform Commercial Code” (49 OS 113.E).
   “[A protest] 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” (12A OS 3-505[b]).

Remote Notarial Acts

Definition: “‘Remote online notarization’ or “remote online notarial act’ means a notarial act performed by means of communication technology under this act” (49 OS 202.14).

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STANDARDS OF PRACTICE

Personal Appearance

1. Notarial Acts: In taking an acknowledgment or verification on oath or affirmation and in witnessing or attesting a signature, the individual for whom the notarial act is performed must personally appear before the notarial officer (49 OS 113.A - C).

2. Remote Notarial Acts: “A remote online notarization under this act satisfies any requirement of law of this state that a principal appear before, appear personally before, or be in the physical presence of a notary public at the time of the performance of the notarial act” (49 OS 211.A).

3. Petition Circulators: In a case related to the disqualification of initiative petitions, the Oklahoma Supreme Court ruled that “it is alleged that many circulators did not appear before the notary public, whose jurat is attached to pamphlets…. Suffice it to say, the certificate of a notary, including the jurat, must, in order to accomplish the purpose for which it was intended, speak the truth. The certificate is prima facie correct; the jurat imports a verity. However, the fact of nonappearance of the affiant destroys the verification” (In re Initiative Petition No. 142, State Question No. 205, 176 Okl.155, 55 P.2d 455).

Identification

1. Notarial Acts

   1. Requirement: “A. In taking an acknowledgment, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument.
      “B. In taking a verification upon oath or affirmation, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the verification is the person whose true signature is on the statement verified.
      “C. In witnessing or attesting a signature, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the officer and named therein….
      “F. A notarial officer has satisfactory evidence that a person is the person whose true signature is on a document if that person is personally known to the notarial officer, is identified upon the oath or affirmation of a credible witness personally known to the notarial officer or is identified on the basis of identification documents” (49 OS 113).

   2. Elements of IDs: “Proper ‘ID’ should include a photograph and signature such as a driver’s license or passport” (website, “Notary FAQs”).

2. Remote Notarial Acts

   1. Definitions

      1. “‘Remote presentation’ means transmission to a notary public through communication technology of an image of a remotely located individual’s identification credential that is of sufficient quality to enable the notary public to reasonably identify the remotely located individual and to perform credential analysis” (49 OS 202.15).

      2. “‘Identification credential’ means a non-expired passport, driver’s license, or form of government-issued identification document that contains the signature and photograph of the individual” (OAC 655:25-11-2).

      3. “‘Credential analysis’ means a process or service that meets the standards under Section 4 of this act through which a third person affirms the validity of an identification credential through review of public or private data sources” (49 OS 202.2).

      4. “‘Identity proofing’ means a process or service that meets the standards under Section 4 of this act through which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (49 OS 202.8).

      5. “‘Dynamic knowledge-based authentication assessment’ means an identity assessment of a remotely located individual that is based on a set of questions formulated from public or private data sources for which the individual has not provided a prior answer” (OAC 655:25-11-2).

   2. Requirement: “In performing a remote online notarial act, a notary shall reasonably verify the identity of the principal by:
      “1. The notary public’s personal knowledge of the principal;
      “2. Each of the following:
      “a. remote presentation by the principal of a current government-issued identification credential containing the photograph and signature of the principal,
      “b. credential analysis of the identification credential, and
      “c. identity proofing of the principal; or
      “3. Oath or affirmation of a credible witness who personally knows the principal if:
      “a. the credible witness is personally known to the notary public, or
      “b. the notary public has reasonably verified the identity of the credible witness under paragraph 2 of this subsection” (49 OS 208.B).

   3. Credential Analysis: “The analysis of the identification credential that is the subject of remote presentation must use public or private data sources to confirm its validity and shall, at a minimum:
      “(A) use automated software processes to aid the notary public in verifying the identity of each principal;
      “(B) require that the identification credential passes an authenticity test, consistent with sound commercial practices that use appropriate technologies to confirm the integrity of visual, physical or cryptographic security features and to confirm that the identification credential is not fraudulent or inappropriately modified;
      “(C) use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credential details; and
      “(D) enable the notary public visually to compare for consistency the information and photograph on the identification credential and the principal as viewed by the notary public in real time through communication technology” (OAC 655:25-11-5[a][1]).

   4. Identity Proofing: “The notary public must perform an identity proofing procedure that consists of a dynamic knowledge-based authentication assessment. The assessment is successful if it meets the following requirements:
      “(A) The principal must answer a quiz consisting of a minimum of five questions related to the individual’s personal history or identity formulated from public or private data sources;
      “(B) Each question must have a minimum of five possible answer choices;
      “(C) At least 80% of the questions must be answered correctly;
      “(D) All questions must be answered within two minutes;
      “(E) If the principal fails the first attempt, the principal may retake the quiz one time within 24 hours;
      “(F) During a retake of the quiz, a minimum of 40% of the prior questions must be replaced;
      “(G) If the principal fails the second attempt, the principal is not allowed to retry with the same online notary public within twenty-four (24) hours of the second failed attempt; and
      “(H) The notary public must not be able to see or record the questions or answers” (OAC 655:25-11-5[a][2]).

   5. Credible Witnesses: “A notary public may … [r]equire a principal or credible witness to provide additional information necessary to assure the notary public of the identity of the principal or credible witness” (49 OS 208.C).
      “A credible witness under subsection B of this section [49 OS 208] who is:
      “1. Physically present with a principal at the time of a remote online notarial act may be a remotely located individual if the credible witness and notary public communicate by means of communication technology; or
      “2. Physically present with a notary public at the time of a remote online notarial act may be outside the physical presence of a principal if the credible witness and principal communicate by means of communication technology” (49 OS 208.D).

Employees and Employers

“An employer, in setting terms and conditions of employment, may limit the notarial acts performed by the notary during employment hours. For example, the employer could prohibit the notary from performing notarial acts for anyone other than the employer while at work. The employer, however, may not prohibit the notary, as a ministerial officer, from performing lawful notarial acts, as set forth in 49 O.S. 1991, § 6, outside employment hours. Courts have generally held that employers cannot restrict employees from pursuing outside employment as long as such employment does not interfere with duties owed to the employer” (Okla. Atty. Gen. Opinion 00-28 of May 11, 2000).

Disqualifying Interest

1. Personal: “A notary may not notarize his or her own signature” (49 OS 6.A).

2. Absentee Ballots: “The [absentee] ballot shall not be notarized by any person whose name appears on the ballot as a candidate or by any campaign chairperson or campaign treasurer for a candidate whose name appears on the ballot” (OS 26:14-108.B).
   “Neither a notary public nor an agent working on behalf of a notary public shall be authorized to:
   “1. Request absentee ballots on behalf of a voter other than himself or herself;
   “2. Assist a voter in requesting absentee ballots, other than for himself or herself or a member of his or her household;
   “3. Receive by mail an absentee ballot on behalf of a voter, other than for himself or herself or a member of his or her household; or
   “4. Submit a completed absentee ballot on behalf of a voter other than for himself or herself” (26 OS 14-108.1.A).
   “C. 1. A notary public shall be authorized to notarize a maximum of twenty absentee ballot affidavits for a single election, except as provided in paragraphs 2 and 3 of this subsection.
   “2. A notary public may be authorized to notarize more than twenty absentee ballot affidavits at a single election with the written approval of the secretary of the county election board. Such approval shall apply for affidavits notarized within the county served by the county election board secretary.
   “3. The limitation required by this subsection shall not apply to the notarizing of absentee ballot affidavits at the place of business of a notary public that is open to the general public.
   …
   “E. The provisions of this section shall only apply to an election conducted by a county election board, the State Election Board, or a political subdivision of this state” (26 OS 14-108.1.C and E).

3. Attorneys: The appeals court in the case of Crawford v. Ferguson ruled that it is improper for a lawyer to act in the double capacity of a Notary. “It is a significant fact that 23 of these affidavits were acknowledged before the attorney for the petitioner. As this matter has not been passed upon by this court before, we will not do more now than say that the authorities all denounce this practice. If it is permitted, the door is opened to all kinds of impositions and frauds. Such conduct must not be repeated. In the future such affidavits will not be received or considered, except as the basis of proceedings against the offending attorney” (Crawford v. Ferguson, 5 Okl.Cr. 377, 115 P. 278, 45 L.R.A., N.S., 519).

4. Relatives: “The law does not forbid notaries from notarizing the signatures of relatives. However, if the notarized document was ever the subject of a court suit, a judge might determine the notary was not an impartial witness” (website, “Notary FAQs”).

5. Banks: A Notary who is a stockholder, director, officer or employee of a bank may notarize for that bank, unless the Notary is a party to the document, either individually or as a representative (6 OS 904).

6. Cooperatives: A Notary who is an officer, trustee, member or shareholder of a cooperative may take acknowledgment of documents executed in favor of that cooperative or to which it is a party (18 OS 438.28).

Signature by Mark

“When real estate is conveyed or encumbered by an instrument in writing by a person who cannot write his or her name, the person shall execute the same by a mark, and the person’s name shall be written near the mark by one of two persons who saw the mark made, who shall write their names on the instrument as witnesses. In case the instrument is acknowledged, then the officer taking the acknowledgment shall, in addition to the other necessary recitals in the acknowledgment, state that the grantor executed the instrument, by inserting in the form of acknowledgment provided in Section 33 of this title by individuals after the words ‘foregoing instrument’ the words ‘by the person’s mark, in my presence and in the presence of _________ and _________ as witnesses’” (16 OS 34).

Immigration Assistance

1. Legal Assistance: “No notary public, except those who are licensed attorneys or otherwise authorized by law to represent persons on immigration or citizenship matters, shall hold himself or herself out as having expertise in providing legal advice on any proceeding, filing or action affecting the immigration or citizenship status of another person” (49 OS 6.B).

2. “Nonlegal” Assistance: “Any notary public who provides nonlegal assistance on any proceeding, filing or action affecting the immigration or citizenship status of another person shall give the following notice to that person verbally and in writing: ‘I am not a licensed attorney or representative of any government agency with authority over immigration or citizenship and, therefore, cannot offer legal advice about immigration or any other legal matters’” (49 OS 6.B).
   If the Notary operates a business or advertises notarial or nonlegal immigration services in a language other than English, the above notice must be given in both English and the other language(s). Further, use of the term “notario publico” or “notario” in such business or ads is prohibited (49 OS 6.B).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: Effective November 1, 2000, Oklahoma adopted the Uniform Electronic Transactions Act (OS 12A:15-101 through 12A:15-120), including the provision on notarization and acknowledgment: “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” (12A OS 15-111).

   2. Uniform Real Property Electronic Recording Act: Oklahoma has adopted the Uniform Real Property Electronic Recording Act (16 OS 86.1 through 86.7), including the following provision related to the Notary’s seal: “A requirement that a document or a signature associated with a document be notarized, 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” (16 OS 86.3[c]).

   3. Oklahoma Administrative Code: Regulations for electronic notarizations are in the Oklahoma Administrative Code (OAC), Title 655, Chapter 25, “Notary Public.” These rules are summarized below.

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

3. Electronic Signature: The URPERA adopts the standard UETA definition of “electronic signature” but then states the following: “‘Electronic signature’ includes a digital image or electronic copy of an original signature affixed to an original or certified copy of an original paper document or instrument, provided that the person submitting the digital image or electronic copy of the document or instrument complies with all other requirements, rules or regulations concerning electronic recordings under the Uniform Real Property Electronic Recording Act” (16 OS 86.2).

4. Electronic Submissions to OAH: “The Office of Administrative Hearings (OAH) may allow electronic transmittals of documents and electronic signatures if safeguards are in place to protect against unauthorized use. If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath when filed with OAH, 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” (56 OS 237.9a.A).
   The state’s Commission for Human Services is tasked with promulgating rules for such electronic filings (56 OS 237.9a.B).

5. Authorization: “As authorized by 12A O.S., §15-111, Oklahoma Uniform Electronic Transactions Act, an Oklahoma notary may perform an electronic notarization” (OAC 655:25-1-8).

6. All Laws Apply: An electronic notarization must meet all of the requirements of a traditional notarization, including the requirement that the principal appear in person before the notary” (OAC 655:25-1-8).

Remote Notarial Acts

1. Applicable Law

   1. Oklahoma Statutes, Title 49: Statutes governing remote online notarization may be found in Oklahoma’s Notary Public statutes. These provisions are summarized below.

   2. Oklahoma Administrative Code: Regulations for electronic notarizations are in the Oklahoma Administrative Code (OAC), Title 655, Chapter 25, “Notary Public.” These rules are summarized below.

2. Authority: “A notary public physically located in this state and authorized to perform remote online notarizations under Section 5 of this act may perform a notarial act by means of communication technology for a remotely located individual who is physically located:
   “1. In this state;
   “2. Outside this state but not outside the United States; or
   “3. Outside the United States if:
   “a. the electronic record:
   “(1) is to be filed with or relates to a matter before a court, governmental entity, public official or other entity subject to the jurisdiction of the United States, or
   “(2) involves property located in the territorial jurisdiction of the United States or a transaction substantially connected to the United States, and
   b. the notary public has no actual knowledge that the act of making the statement or signing the electronic record is prohibited by the foreign state in which the remotely located individual is located” (49 OS 205).

3. Technology Systems

   1. Tamper-Evident Technology: “A notary public must select one or more tamper-evident technologies to perform remote online notarizations. A person may not require a notary public to use a technology that the notary public has not selected. The tamper-evident technology must consist of a digital certificate complying with the X.509 standard adopted by the International Telecommunication Union on October 14, 2016, or a similar industry-standard technology. A notary public must attach or logically associate the notary public’s electronic signature and electronic seal to an electronic record that is the subject of a notarial act by use of the digital certificate. A notary public may not perform a remote online notarization if the digital certificate:
      “(1) has expired;
      “(2) has been revoked or terminated by the issuing or registering authority;
      “(3) is invalid; or
      “(4) is incapable of authentication” (OAC 655:25-11-4[a]).

   2. Approval of System Providers: Not required.

   3. List of System Providers: Not provided.

4. Legality of Remote Online Notarial Acts

   1. Personal Appearance: “A remote online notarization under this act satisfies any requirement of law of this state that a principal appear before, appear personally before, or be in the physical presence of a notary public at the time of the performance of the notarial act.

   2. Identification: “A notary public’s verification of a principal’s identity under subsection B of Section 9 [49 OS 208] of this act constitutes satisfactory evidence of identity of the principal and satisfies any requirement of law of this state that the notary public obtain satisfactory evidence of identity of the principal” (49 OS 211.B).

5. Communication Technology

   1. Definition: “‘Communication technology’ means an electronic device or process that allows a notary public and a remotely located individual to communicate with each other by sight and sound” (49 OS 202[1]).

   2. Secure Access: “Before performing a remote online notarial act, a notary public shall … [t]ake reasonable steps to ensure that the communication technology used in the remote online notarial act is secure from unauthorized interception” (49 OS 208.A.2).

   3. Standards

      1. Clarity of Communication: “Communication technology must provide for synchronous audio-video feeds of sufficient video resolution and audio clarity to enable the notary public and all remotely located individuals to see and speak with each other” (OAC 655:25-11-6[1]).

      2. Confirmation of Record: The process must provide a means for the notary public reasonably to confirm that an electronic record before the notary public is the same electronic record in which the principal made a statement or on which the principal executed an electronic signature” (OAC 655:25-11-6[1]).

      3. Secure Access: “Communication technology must provide reasonable security measures to prevent unauthorized access to:
         “(A) the live transmission of the audio-visual feeds;
         “(B) the methods used to perform the identify verification process under Section 655:25-11-4; and
         “(C) any electronic record in which the principal made a statement or on which the
         principal executed an electronic signature” (OAC 655:25-11-6[2]).

      4. Interruption of Remote Notarial Act: “If any remotely located individual must exit the workflow, the individual must restart the identify verification process under Section 655:25-11-5 from the beginning” (OAC 655:25-11-6[3]).

   4. Identification of Record: “Before performing a remote online notarial act, a notary public shall … [r]easonably identify the electronic record before the notary public as the same electronic record in which the principal made a statement or on which the principal executed or adopted an electronic signature” (49 OS 208.A.1).

6. Electronic Journal: For the requirement that Notaries Public who perform remote online notarizations to keep an electronic journal of all remote online notarizations, see “Records of Notarial Acts,” below.

7. Audio-Visual Recording: For the requirement that Notaries Public who perform remote online notarizations to keep an electronic journal of all remote online notarizations, see “Records of Notarial Acts,” below.

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CERTIFICATE OF NOTARIAL ACT

Certificate Requirements

“A notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate shall include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may include the official stamp or seal of office. If the officer is a notary public, the certificate must also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected. If the officer is a commissioned officer on active duty in the military service of the United States, it must also include the rank of the officer” (49 OS 118.A).

Certificate Forms

Oklahoma has adopted the Uniform Law on Notarial Acts and the Act’s short-form certificates. These certificate forms and other forms authorized by statute or administrative rule appear below.

The Notary’s commission number and commission expiration date must be added to each certificate, if this information does not appear in the Notary’s seal (49 OS 5).

An acknowledgment by an individual affecting real estate must be either in the form provided in 49 OS 119.A (see above) or in substantially the following form:

An acknowledgment by a corporation affecting real estate must be either in the form provided in 49 OS 119(A) (see above) or substantially in the following form:

Remote Notarial Certificate

“The certificate of notarial act for a remote online notarization shall indicate that the notarial act was a remote online notarial act performed by means of communication technology. A certificate is sufficient to satisfy the requirement of this subsection if it:
“1. Complies with standards under Section 4 of this act; or
“2. Is in a form otherwise sufficient under the laws of this state and contains a statement substantially as follows: ‘This remote online notarization involved the use of communication technology’” (49 OS 208.E).

Sufficiency of Certificate

1. Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of subsection A of this section and it:
   “1. is in the short form set forth in Section [OS 49:119.A] of this act;
   “2. is in a form otherwise prescribed by the law of this state;
   “3. is applicable in the place in which the notarial act was performed; or
   “4. sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act” (49 OS 118.B).

2. Remote Notarial Acts: “The certificate of notarial act for a remote online notarization shall indicate that the notarial act was a remote online notarial act performed by means of communication technology. A certificate is sufficient to satisfy the requirement of this subsection if it:
   “1. Complies with standards under Section 4 of this act; or
   “2. Is in a form otherwise sufficient under the laws of this state and contains a statement substantially as follows: “This remote online notarization involved the use of communication technology” (49 OS 208.E).

3. County of Notarization: “Whenever a document is notarized, the notary must indicate on the document the county in which the notarization is taking place” (NPG).

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SEAL AND SIGNATURE

Definition

“'Electronic seal' means an electronic image containing information attached to or logically associated with an electronic record that contains the notary public’s name exactly as indicated on the notary’s commission, the words “State of Oklahoma” and “Notary Public”, and the notary public’s commission number and the date of expiration of the notary public’s commission” (49 OS 202.5).

Seal Requirement

1. Notarial Acts

   1. Notaries Public: Required.
      “Every notary shall obtain a notarial seal…. Each notary shall authenticate all official acts, attestations, and instruments with this seal” (49 OS 5; see also OAC 655:25-5-2[c]).

   2. Other Notarial Officers: Permitted.
      “A notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate shall include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may include the official stamp or seal of office” (49 OS 118.A).

2. In-Person Electronic Notarial Acts

   1. Notaries Public: Required.
      “As authorized by Section 15-111 of Title 12A of the Oklahoma Statutes, regarding electronic transactions, a notary public's use of an electronic signature and electronic seal satisfies the requirement in this section to authenticate an official act with an official signature and seal of office” (49 OS 5.B).
      “(b) The seal may be either a metal seal which leaves an embossed impression, a rubber stamp, or an electronic seal, as defined in 49 O.S., § 5 and OAC 655:25-1-8.
      “(c) A notary shall authenticate all official acts with this seal” (OAC 655:25-5-2[b], [c]).

   2. Other Notarial Officers: Permitted (49 OS 118.A).

3. Remote Notarial Acts: Required.
   “In performing a remote online notarial act, a notary public shall attach or logically associate the notary public’s electronic signature and electronic seal to the certificate of notarial act in a tamper-evident format” (49 OS 207.A; see also OAC 655:25-5-2[b], [c]).

4. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature” (16 OS 86.3[c]).

Seal Format

1. Notarial Acts

   1. Inked Rubber Stamp or Metal Embosser: “This seal may be either a metal seal which leaves an embossed impression or a rubber stamp used in conjunction with a stamp pad and ink, or an electronic seal ” (49 OS 5.A; see also OAC 655:25-5-2[b]).

   2. Shape/Size: Not specified.

   3. Components: An Oklahoma Notary’s seal must contain the following (49 OS 5):

      1. Notary’s name;

      2. “Notary Public”;

      3. “State of Oklahoma.”

      4. OPTIONAL: Notary’s commission number and/or commission expiration date.

2. In-Person Electronic Notarial Acts

   1. Notaries Public: Required.
      “The electronic seal must legibly reproduce the required elements of the notarial seal” (49 OS 5.B).
      “As authorized by 12A O.S., §15-111, Oklahoma Uniform Electronic Transactions Act, an Oklahoma notary may perform an electronic notarization. An electronic notarization must meet all of the requirements of a traditional notarization, including the requirement that the principal appear in person before the notary. The notary’s electronic seal must reproduce the required elements of the notary seal, as set forth in 49 O.S., §5” (OAC 655:25-1-8).

   2. Other Notarial Officers: Permitted (49 OS 118.A).

3. Remote Notarial Acts: “The electronic seal must legibly reproduce the required elements of the notarial seal” (49 OS 5.B).
   “The electronic seal shall be capable of being copied together with the electronic record to which it is attached or with which it is logically associated” (49 OS 207.A).
   “A notary public must use the same unique electronic seal for all remote online notarizations. When affixed to an electronic record, an electronic seal must be clear, legible and photographically reproducible. An electronic seal is not required to be within a minimum or maximum size when photographically reproduced on an electronic record. An electronic seal used for remote online notarizations must substantially conform to the following design: a rectangular or circular seal with the notary public’s name exactly as indicated on the notary’s commission, the words “State of Oklahoma” and “Notary Public”, the notary public’s commission number, and the date of expiration of the notary public’s commission [49 O.S., § 202(5)]” (OAC 655:25-11-4[b]).
   Notarial officers other than Notaries Public are not authorized to perform remote notarial acts under Oklahoma law.

Examples

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

Specimen of Seal

Before starting to notarize and not more than 60 days after the issuance of his or her commission, the newly commissioned Notary must file an impression of the Notary’s official seal with the Secretary of State (49 OS 2.A).

Placement of Seal

“The seal impression shall appear near the notary’s official signature on a notarial certificate” (OAC 655:25-5-2[c]).

Ownership of Seal

“A notary shall keep an official notarial seal that is the exclusive property of the notary and that may not be used by any other person. At the end of a notary’s employment, an employer may not require the notary to surrender the seal” (OAC 655:25-5-2[a]).

According to Oklahoma Attorney General Opinion 00-28 of May 11, 2000, “while Oklahoma does not prohibit an employer from paying for the notarial seal, the seal is evidence of the notary’s ministerial office. Since the seal is acquired in the notary’s name, the employer may not require the notary to surrender the seal.” However, the opinion points out, “an employment agreement could require the employee to reimburse the employer for such expenditures.”

Lost or Stolen Seal

“(a) Within 10 days after the loss or theft of the … seal, the notary shall deliver to the Secretary of State a written notice of the loss or theft and the date the seal was first discovered missing, and inform the appropriate law enforcement agency in the case of theft.
“(b) When purchasing a replacement seal, it is advisable to have a character or symbol added to the seal to distinguish it from the missing one. Within 10 days after purchasing a new seal, the notary shall deliver to the Secretary of State a written notice advising that a replacement seal has been purchased, the date of purchase, and the distinguishing character or symbol added” (OAC 655:25-5-3).

Disposition of Seal

“When a notarial commission is resigned, the notary shall destroy the official seal” (OAC 655:25-3-2[c]).
“If a notary dies during the term of commission, the notary’s heirs or personal representative, as soon as reasonably practicable after death, shall … destroy the official seal …” (OAC 655:25-3-3 and 655:25-3-3[1]).

Change of County

If a Notary’s residence address changes to a different county, the Notary is not required to obtain a new seal (49 OS 11.A).

Change of Name

If a Notary’s name changes and he or she wishes to begin notarizing in the new name, the Notary must purchase a new seal bearing the new name (49 OS 11.B.2). For additional options and requirements regarding a name change, see “Changes of Status,” under “Commission and Appointment,” above.

Remote Electronic Signature and Seal

1. Security of Electronic Signature and Seal: “A notary public shall take reasonable steps to protect the notary public’s electronic seal from unauthorized use. A notary public may not allow another person to use the notary public’s electronic seal” (49 OS 207.C).
   “A notary public’s electronic seal must remain within the exclusive control of the notary public, including control by means of use of a password or other secure method of authentication…. A notary public shall not disclose any access information used to affix the notary public’s electronic signature or electronic seal to electronic records, except:
   “(1) when requested by the Secretary of State or a law enforcement officer;
   “(2) when required by court order or subpoena; or
   “(3) pursuant to an agreement to facilitate notarial acts with a vendor or other technology provider identified in Section [OAC] 655:25-11-3” (OAC 655:25-11-4[c]).

2. Notification of Theft, Vandalism, or Misuse: “A notary public shall immediately notify an appropriate law enforcement agency and the Secretary of State on actual knowledge of the theft or vandalism of the notary public’s electronic signature, electronic seal or digital certificate. A notary public shall immediately notify the an appropriate law enforcement agency and Secretary of State on actual knowledge of the unauthorized use by another person of the notary public’s electronic signature, electronic seal or digital certificate provider identified in Section 655:25-11-3” (OAC 655:25-11-4[e]; see also 49 OS 207.D).

3. Termination of Commission: “Upon resignation, revocation or expiration of the notary’s commission, the notary public’s electronic seal (including any coding, disk, digital certificate, card, software, or password that enables the notary public to attach or logically associate the electronic seal to an electronic record) must be destroyed or disabled to prohibit its use by any other person” (OAC 655:25-11-4[d]).

Commission Number and Expiration Date

“Each notary … shall add to the notary’s official signature, the commission number of the notary and the date of expiration of the commission of the notary. Failure to add the commission number or the date of expiration of the commission shall not affect the recordability of the instrument or the notice given by such recording. This date and commission number may be a part of the stamp or seal. If any notary public shall neglect or refuse to attach to the notary’s official signature the date of expiration of the notary’s commission, the notary shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding Fifty Dollars ($50.00)” (49 OS 5).

“If the officer is a notary public, the certificate must … indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected” (49 OS 118.A).

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RECORDS OF NOTARIAL ACTS

Records Requirement

1. Journal

   1. Notarial Acts: Not required.

      1. Note: See below for the requirement for absentee ballot affidavits to be logged in a journal.

      2. Repealed Journal Requirement: Effective June 4, 2001, Oklahoma Notaries no longer must keep a “fair record” of their official acts (Laws of 2001, Chapter 406). Prior to that date, all Notaries had to maintain a log, which was delivered to their local county clerk within 30 days after termination of their commission. These notarial records may still be retained in some counties.

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

   3. Remote Notarial Acts: Required.
      “A notary public shall maintain a journal in a permanent, tamper-evident electronic format complying with standards promulgated by the Secretary of State in which the notary public chronicles all remote online notarial acts that the notary public performs” (49 OS 206.A).

   4. Journal of Absentee Ballot Affidavits: Required.
      ”A notary public shall maintain a log of all absentee ballot affidavits that he or she notarizes for a period of at least two (2) years after the date of the election” (26 OS 14-108.1.B).

2. Records of Protests: Required.
   “In cases of protests for banks, notaries shall keep a register thereof in a book provided for that purpose by the bank, and the notary shall not be required to deliver such register to the county clerk, but shall leave the same in the possession of such bank” (49 OS 7).

3. Recording of Remote Notarial Acts: Required.
   “A notary public, or a person acting on behalf of the notary public, shall create an audio and visual recording of the performance of each remote online notarial act” (49 OS 206.B).

Log (Journal) Recommendation

“State law does not require a notary to keep records of their official acts. However, it is recommended that a notary maintain a log of his/her official acts to assist in recalling past notarial acts, if needed, or if legally challenged. If a notary is called upon to testify in court, a log may become evidence to help establish what actually took place” (NPG).

Journal Entries

1. Notarial Acts: “Information to be retained in the notary log should include the following:
   “1. Date of notarial act;
   “2. Type of notarial act performed;
   “3. A description of the document;
   “4. The signature and printed name and address of each person for whom a notarial act was performed;
   “5. A description of the form of identification provided (i.e. driver’s license or photo identification) or a statement that the person was ‘personally known’ to the notary;
   “6. The location where the notarization was performed;
   “7. The amount of fee charged, if any; and
   “8. Personal notes” (NPG).

2. Remote Notarial Acts: “An entry in a journal shall be made contemporaneously with the performance of the remote online notarial act and contain the following information:
   “1. The date and time of the remote online notarial act;
   “2. A description of the document, if any, and type of notarial act;
   “3. The full name and address of each principal for whom the notarial act is performed;
   “4. If the identity of the principal is based on personal knowledge, a statement to that effect;
   “5. If identity of the principal is based on credential analysis and identity proofing, a brief description of the results of the identity verification process and the identification credential remotely presented, including the date of issuance and expiration of the identification credential;
   “6. If identity of the principal is based on oath or affirmation of a credible witness, the information identified in paragraph 4 or 5 of this subsection, as applicable, that provided a basis for the notary public’s identification of the credible witness, a statement of the basis by which the credible witness claims personal knowledge of the principal, the location of the credible witness, and the full name and address of the credible witness; and
   “7. The fee, if any, charged by the notary public” (49 OS 206.A).

Backup of Electronic Journal, Recordings

“A notary public must take reasonable steps to ensure that a backup of the electronic journal and audio-visual recording exists and is secure from unauthorized use” (OAC 655:25-11-8[c]).

Retention of Electronic Journal, Recordings

“A notary public must retain an electronic journal and an audio-visual recording created under 49 O.S., § 206 in a computer or other electronic storage device that protects the journal and recording against unauthorized access by password or cryptographic process. The recording must be created in an industry-standard audio-visual file format and must not include images of any electronic record on which the remotely located individual executed an electronic signature” (OAC 655:25-11-8[a]).

“An electronic journal must be retained for at least ten (10) years after the last notarial act chronicled in the journal. An audio-visual recording must be retained for at least ten (10) years after the recording is made [49 O.S., § 206]” (OAC 655:25-11-8[b]).

Depositories of Electronic Journals, Recordings

“A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public may, by written contract, engage a third person to act as a depository to provide the storage required by subsection (a) of this Section. The contract shall:
“(1) enable the notary public, the guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public to comply with the retention requirements of this Section even if the contract is terminated; or
“(2) provide that the information will be transferred to the notary public, the guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public if the contract is terminated” (OAC 655:25-11-8[e]).

Disposition of Electronic Journal, Recordings

“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 an electronic journal or audio-visual recording must:
“(1) comply with the retention requirements of this Section;
“(2) transmit the journal and recording to one or more depositories under subsection (e); or
“(3) transmit the journal and recording in an industry-standard readable data storage device to the Secretary of State” (OAC 655:25-11-8[d]).

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FEES FOR NOTARIAL ACTS

Maximum Fee

1. Notarial Acts: “The maximum fee a notary may charge and collect for each notarial act is Five Dollars ($5.00) …” (49 OS 5).

2. Remote Notarial Acts: “A notary public, or a person acting for or on behalf of a notary public, may charge and collect a fee not to exceed Twenty-five Dollars ($25.00) for a remote online notarial act” (49 OS 209).

Fees Optional

“Notaries are not required to charge a fee. If a fee is charged, it is recommended that it be recorded in the notary’s official records/journal” (website, “Notary FAQs”).

Absentee Ballots

The Notary may not charge a fee for notarizing an absentee ballot (26 OS 14-108.A and 49 OS 5).

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REAL ESTATE PRACTICES

Notary Signing Agents

Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Oklahoma.

Recording Requirements

1. Document Formatting: “All documents filed of record in the office of the county clerk pursuant to subsection A of this section or pursuant to any other law shall be an original or a certified copy of an original document. Such documents shall be clearly legible, in the English language, using xerographically reproducible dark ink, on paper of a color that is xerographically reproducible by the copying equipment in use by the county clerk. Unless otherwise provided by law, such documents shall measure no larger than eight and one-half (8 1/2) inches by fourteen (14) inches. All documents shall provide an area free of printed information sufficient in size to accommodate affixation of the documentary stamps required by Section 3201 of Title 68 of the Oklahoma Statutes, any certification of the payment of mortgage taxes required by Section 1901 et seq. of Title 68 of the Oklahoma Statutes, and the recording information affixed by the county clerk upon acceptance of a document for recordation. Any part of a signature or any stray markings within the margin shall not void the requirements for accepting and filing any document by any county within the state, provided there remains sufficient space for the affixation of stamps and recording information without covering language contained in the instrument. If an instrument submitted to the county clerk for recording does not contain sufficient space for the affixation of such stamps and recording information without covering language contained in the instrument, the county clerk shall attach an additional page to the document to provide for the affixation of such stamps and recording information. A county clerk shall not charge any additional fee or fine for stray markings within the margin of a document. The top margin of all documents shall be at least one (1) inch and all other margins shall be at least one-half (1/2) inch” (19 OS 298.B.).

2. Plainly Written, Legible and in English: “No instrument affecting the title to real estate shall be filed for record or recorded unless plainly printed, typed, or handwritten or partly printed, partly typed, or partly handwritten, and the instrument is an original or a certified copy of an original instrument, clearly legible in the English language” (16 OS 28).

3. Execution and Acknowledgment: “No deed, mortgage or other instrument affecting the real estate shall be received for record or recorded unless executed and acknowledged in substantial compliance with this chapter; and the recording of any such instrument not so executed and acknowledged shall not be effective for any purpose” (16 OS 26).

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RECOGNITION OF NOTARIAL ACTS

Notarial Acts in Oklahoma

“A. A notarial act may be performed within this state by the following persons:
“1. a notary public of this state;
“2. a judge, secretary-bailiff of a judge, clerk, or deputy clerk of any court of this state;
“3. all judge advocates, staff judge advocates, assistant judge advocates and all legal officers of the state military forces in performance of their official duties for military personnel and their dependents; or
“4. any other person authorized to perform the specific act by the law of this state.
“B. Notarial acts performed within this state under federal authority have the same effect as if performed by a notarial officer of this state.
“C. The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title” (49 OS 114).

1. Acknowledgments: Acknowledgments may be taken by any county clerk, clerk of the district court, clerk of the county court or county judge (16 OS 35).

2. Certified Shorthand Reporters: “Certified shorthand reporters shall be authorized to issue affidavits in respect to their regular duties, to subpoena witnesses for depositions, administer oaths and affirmations with authority equal to that of a notary public, and to take depositions or other sworn statements” (20 OS 1508).

Notarial Acts in U.S. State or Jurisdiction

“A. A notarial act has the same effect pursuant to the laws of this state as if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district, or possession of the United States by any of the following persons:
“1. a notary public of that jurisdiction;
“2. a judge, clerk, or deputy clerk of a court of that jurisdiction;
“3. all judge advocates, staff judge advocates, assistant judge advocates and all legal officers of the state military forces; or
“4. any other person authorized by the law of that jurisdiction to perform notarial acts.
“B. Notarial acts performed in other jurisdictions of the United States under federal authority have the same effect as if performed by a notarial officer of this state.
“C. The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
“D. The signature and indicated title of an officer listed in this section conclusively establish the authority of a holder of that title to perform a notarial act” (49 OS 115).

Notarial Acts under Federal Law

“A. A notarial act has the same effect pursuant to the laws of this state as if performed by a notarial officer of this state if performed anywhere by any of the following persons under authority granted by the law of the United States:
“1. a judge, clerk, or deputy clerk of a court;
“2. a commissioned officer on active duty in the military service of the United States;
“3. an officer of the foreign service or consular officer of the United States; or
“4. any other person authorized by federal law to perform notarial acts.
“B. The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
“C. The signature and indicated title of an officer listed in this section conclusively establish the authority of a holder of that title to perform a notarial act” (49 OS 116).

Notarial Acts in Foreign State

“A. A notarial act has the same effect pursuant to the laws of this state as if performed by a notarial officer of this state if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by any of the following persons:
“1. a notary public or notary;
“2. a judge, clerk, or deputy clerk of a court of record; or
“3. any other person authorized by the law of that jurisdiction to perform notarial acts.
“B. An “Apostille” in the form prescribed by the Hague Convention of October 5, 1961, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“C. A certificate by a foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by a foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act set forth in the certificate.
“D. An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the indicated title.
“E. An official stamp or seal of an officer listed in this section is prima facie evidence that a person with the indicated title has authority to perform notarial acts.
“F. If the title of office and indication of authority to perform notarial acts appears either 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” (49 OS 117).

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AUTHENTICATION OF NOTARIAL ACTS

Secretary of State

Authenticating certificates for Notaries, including apostilles, are issued by the Oklahoma Secretary of State’s office (website, “Apostilles”).

1. Fees: For each notarial act or certified document: $20 for an authenticating certificate (“Certificate of Signature”); $25 for an apostille; $10 for an apostille on a document to be used for a foreign adoption, with a maximum of $100 per set of adoption-related documents (28 OS 111.A.10). Fees may be paid in cash, by cashier’s check, money order, or business check (payable to “Secretary of State”) or by credit card. Personal checks are not accepted. If you choose to pay with a credit card, there is an additional statutory surcharge of 4% on the total fees (website, “Apostille and Authentication of Documents”).

2. Address:
   Office of Secretary of State
   Certification Department
   421 NW 13th St., Suite 210
   Oklahoma City, OK 73103

3. Phone: 405-521-4211

4. Website: https://www.sos.ok.gov/business/apostilles.aspx

5. Procedure: Persons requesting authentication should mail or present in person the original notarized document(s), along with the appropriate fee. Documents submitted by mail must include a cover letter specifying the country for which the document is destined, the address to which the documents should be sent and the telephone number of the requestor.

County Clerks

Effective November 1, 2004, Oklahoma Notaries no longer file their oaths and bonds with the local county clerk (Laws of 2004, Chapter 101); instead these are filed with the Secretary of State. As a result, county clerks no longer perform the function of authenticating the acts of local Notaries; this function now is done solely by the Secretary of State.

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