Alaska - U.S. Notary Reference

Last Update: December 31, 2024

Notary Jurisdiction

Statewide (AS 09.63.010[3]; 44.50.010 --”the lieutenant governor may commission for the state … notaries public without limitation, who are authorized to use the notary seal for all legal purposes; and limited governmental notaries public, who are state, municipal, or federal employees authorized to use the notary seal only for official government business.”)

Notary Term Length

Four years (AS 44.50.010[b]), expiring at midnight on the commission expiration date, except for limited government Notaries, whose term coincides with the term of government employment (AS 44.50.010[b]).

Notary Bond

$2,500 (AS 44.50.034[a]).

Notary Seal

Required for paper notarial acts (AS 44.50.065[a]); permitted for in-person electronic and remote notarial acts (AS 44.50.065[d]).

Notary Journal

Required only for remote notarial acts (AS 44.50.078).

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Commissioning Official

The office of Alaska’s Lieutenant Governor appoints, commissions, regulates and maintains records on the state’s Notaries (AS 44.50.010[a] and 44.50.072). A Notary may provide the Lieutenant Governor with an address, telephone number and email address that is to be kept confidential. However, a nonconfidential address and telephone number must also be provided (AS 44.50.071[a]).

Contact Information

1. Address: Office of Lieutenant Governor
   Notary Office
   P.O. Box 110015 (mail)
   (State Capitol Bldg., Third Floor)
   Juneau, AK 99811

2. Phone: 907-465-3509
   877-764-1234 (toll-free in Alaska)

3. Website: https://ltgov.alaska.gov/notaries-public

Laws, Rules and Guidance

1. Laws:

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

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

2. Regulations:

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

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

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Commission Process

1. Qualifications: An applicant for a commission as an Alaska Notary Public must (AS 44.50.020):
   (a) be at least 18 years old,
   (b) be a resident of Alaska, maintain a place of abode in the state and be physically present in the state for a minimum of 30 days, with the intent to remain indefinitely (AS 01.10.055),
   (c) be legally residing in the United States,
   (d) not have been convicted of or incarcerated for a felony in the 10 years before the commission takes effect and
   (e) not within the past 10 years have had a Notary commission revoked for failure to comply with Notary law or for incompetence or malfeasance in carrying out the duties of a Notary (see also 44.50.036 and 44.50.068[a]).

   1. Regular Commission: A “regular” Notary commission is available to anyone who qualifies and may be used for any notarial activity allowed by law (AS 44.50.010[a][1]).

   2. Limited Governmental Commission: A “limited governmental” Notary commission is only for use by federal, state and municipal employees on official business and has an open-ended term for the duration of government employment. One person may hold both types of commission concurrently (AS 44.50.010[a][2] and 44.50.039).

2. Course: Not required.

3. Exam: Not required.

4. Application: Applicants for an Alaska Notary commission may apply online (aws.state.ak.us/NotaryDirectory), or by postal mail.

   1. Applicants for regular and limited governmental Notary commissions must complete the appropriate application, whether applying in hard copy or online.

   2. On the hard copy application, the applicant’s signature on the oath of office must be notarized by a Notary other than the applicant prior to submission of the application.

   3. Online applicants will be emailed their oath of office once the online application has been processed. Applicants must print out the oath and have their signature notarized, and then scan and upload the signed and notarized oath back into the system.

   4. Applicants for a regular commission must submit a $2,500 surety bond with the application. If the surety is an individual rather than a commercial surety company, the state’s bond form must be used and the signature of the individual surety on the bond form must be notarized. If the applicant is applying online, the executed bond form must be scanned and uploaded at the time the application is completed. There is no bond requirement for applicants for a limited governmental commission. However, such applicants must submit an “Employer Approval for Alaska Limited Governmental Notary Commission” form, which must be signed by their employer. The form may be downloaded from the website. If the applicant is applying online, the executed “Employer Approval” form must be scanned and uploaded at the time the application is completed.

   5. Applicants must submit a $40 application fee, except for applicants who are employed by the State of Alaska and are applying for a limited governmental commission (federal and municipal government employees are not exempt from the fee). The fee may be paid by check or money order payable to “State of Alaska,” or it may be paid by Visa or Mastercard (debit or credit). Applicants who apply online must pay with Visa or Mastercard.

5. Background Screening: Not required.

6. Postmasters: U.S. postmasters who perform notarial acts are not required to hold a Notary commission or to be bonded (AS 44.50.180[d]).

7. Nonresidents: Nonresidents of Alaska may not hold a Notary commission in the state.

8. Reappointment: “There is not a special process for renewing a notary commission. Each commission is for a four-year period and when one commission expires, or is about to expire, you must apply for a new commission if you wish to continue functioning as a notary public. Commissions cannot be backdated. If you have a current commission that is about to expire and wish for your next commission to expire on the same month and day as your current commission you will need to submit your application about one month before your current commission expires. If you submit an application and your current commission will not expire for a month or longer afterwards, your application will be held until 30 days prior to the expiration of your current commission before it is issued.” (website, “Types of Notary Commissions”).

Notification 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 notify the lieutenant governor that the notary public will be performing notarial acts with respect to electronic records and identify the communication technology the notary public intends to use. If the lieutenant governor has established standards for approval of communication technology under AS 44.50.072 or 44.50.075, the technology must conform to the standards. If the communication technology conforms to the standards, the lieutenant governor shall approve the use of the communication technology” (AS 44.50.145[b]).

2. Remote Notarial Acts: “Before a notary public performs the notary public’s initial notarial act under this section, the notary public shall notify the lieutenant governor that the notary public will be performing notarial acts with respect to remotely located individuals and identify the communication technologies the notary public intends to use. If the lieutenant governor has established standards under (f)(3) of this section or AS 44.50.072 for approval of communication technology or identity proofing, the communication technologies and identity proofing must conform to the standards” (AS 44.50.075[e]).

   1. Written Request: Guidance on Implementing Notarizations for Remotely Located Individuals that is available on the Lieutenant Governor’s website states that Alaska Notaries who want to perform remote notarizations must submit a written request to the Lieutenant Governor that includes:
      ”• Commissioned notary’s name as it appears on their commission certificate and commission number
      ”• Description of the technology vendor/provider selected to perform remote online notarial acts
      ”• Provide a copy of electronic signature as well as stamp/seal to be used to perform the remote online notarization on the provider’s platform.”
      The written request may be sent via email to notary@alaska.gov or mailed to the Notary office at P.O. Box 110015 Juneau, AK 99811.

   2. Application Fee: “In addition to the application fee under (a) of this section, the application fee to perform notarial acts using communication technology for remotely located individuals is $100 for an initial notary public commission. If a notary public is commissioned under AS 44.50.010 at the time the notary public applies to perform remote notarial acts as described in this subsection, that notary public shall pay an application fee of $25 for each remaining year of the notary public’s commission” (8 AAC 88.020[b]).

Online Search

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

Jurisdiction

“The following persons may take an oath, affirmation, or acknowledgment in the state: … (3) a notary public” (AS 09.63.010).

”The lieutenant governor may commission for the state
“(1) notaries public without limitation, who are authorized to use the notary seal for all legal purposes; and
“(2) limited governmental notaries public, who are state, municipal, or federal employees authorized to use the notary seal only for official government business” (AS 44.50.010[a]).

Term Length

1. Notaries Public: “The term of a notary public commission is four years” (AS 44.50.010[b]).

2. Limited Governmental Notaries: “The term of a limited governmental notary public coincides with
   the term of government employment” (AS 44.50.010[b]).

Bond

1. Requirement: ”(a) A person applying for a commission as a notary public without limitation under AS 44.50.010 (a)(1) shall execute an official bond of $2,500 and submit the bond with the application under AS 44.50.032. The bond must be for a term of four years from the date of commission.
   “(b) The lieutenant governor shall keep a bond submitted under this section for two years after the end of the term of the commission for which the bond was issued. Disposition of the bond after the end of the commission does not affect the time for commencing an action on the bond” (AS 44.50.034).

2. Two Types of Bond: “An applicant may choose one of two options for a surety:
   ”1. Commercial Bond: A bond may be purchased through an insurance agency in which case the notary would be commercially bonded.
   “2. Private Bond: A business, organization, or private individual may act as a private surety on behalf of a notary, in which case, the notary would be privately bonded. One cannot act as one’s own surety” (website, “Frequently Asked Questions”).
   If a private bond is selected, the individual acting as private surety must complete the notary bond form that is available on the Lieutenant Governor’s website (website, “Forms”). “If you choose to fill out the State’s notary bond form instead of purchasing a commercial notary bond please make sure that your Surety understands that once the commission is issued they will be liable for the bond for the entire four year period and will not be able to withdraw from their obligation as Surety” (website, “Notary Bonds”).

3. Bond Effective Date: “The effective dates of the bonds must exactly match the dates of the commission, so all notary bonds submitted are actually open ended (regardless of any attempts by bonding agents, etc. to assign effective dates to them) and only receive their actual effective dates at the moment the Lieutenant Governor issues the notary commission” (website, “Notary Bonds”).

4. Employers and Bonds: “Sureties/employers have no authority to request that regular notary commissions be revoked – even if the employer has paid fees and expenses related to the employee’s commission – since the commission is issued to the individual notary and not the employer/business.
   “Also, when a notary-employee terminates employment they remain commissioned notaries and if the employer has accepted direct liability for the ex-employee’s notary bond, they will remain liable for that notary bond even after the employee terminates. It’s possible that the money saved by assuming the liability for these bonds directly is worth the risk involved in doing so, but if the employer does not wish to end up in this situation they should purchase commercial notary bonds for their employee-notaries rather than assume the liability for their bonds directly. Either way, this is a decision that will need to be made at the time the notary applies. Once the commission is issued the employer is stuck with whatever bond was submitted as part of the application” (website, “Notary Bonds”).

5. Replacement Bonds: “We will accept replacement bonds during the term of any active regular commission, but any subsequent bond that is accepted cannot retroactively cover the notarizations previously performed by the notary and will only be in effect moving forward from the date that it is accepted until the end of the commission. The original bond will still be covering the period the notary was active prior to the acceptance of subsequent bonds” (website, “Notary Bonds”).

Changes of Status

1. Address Change: “Within 30 days after change of a notary public’s … mailing address, or physical address, the notary public shall, on a form provided by the lieutenant governor, submit written notification of the change, signed by the notary public” (AS 44.50.066[a]). The relevant form may be downloaded from the Lieutenant Governor’s website. No fee is required to submit the form changing an address.

2. Name Change: “Within 30 days after change of a notary public’s name… the notary public shall, on a form provided by the lieutenant governor, submit written notification of the change, signed by the notary public” (AS 44.50.066[a]). The relevant form may be downloaded from the Lieutenant Governor’s website.
   When a Notary is reporting a name change, he or she must include a $5 fee for a replacement certificate of commission (AS 44.19.024 and 44.50.066[c]). ID documents in the new name must be obtained before completing the state’s name-change form and having the Notary’s new signature notarized.
   The Notary must continue to use the former name when notarizing until written notification has been provided to the surety for the Notary’s bond, a replacement certificate of commission has been received from the Lieutenant Governor and a new seal has been obtained to reflect the name change (AS 44.50.066[d]).

3. Resignation: To resign a commission, a Notary must send a written and signed notification to the Lieutenant Governor and provide an effective date (AS 44.50.067[a]).
   A Notary who no longer meets the requirements for holding the office must immediately resign the commission (AS 44.50.067[b]).

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Authorized Acts

1. Notarial Acts: Alaska Notaries are authorized to perform the following notarial acts (AS 44.50.060 and 09.63.120, except as otherwise noted):

   1. Take acknowledgments;

   2. Administer oaths and affirmations, especially in executing jurats and verifications (AS 09.63.040);

   3. Attest documents;

   4. Certify tangible copies of electronic records are true copies (AS 44.50.060[3]);

   5. Execute protests (AS 45.03.505[b]).

2. In-Person Electronic and Remote Notarial Acts: Alaska Notaries who have additionally notified the Lieutenant Governor that they will be performing technology-based notarizations are authorized to perform the notarial acts listed above electronically or remotely.

Acknowledgments

1. Definition

   1. Acknowledgment: “'[A]cknowledgment' means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (AS 44.50.200[4]).

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

   3. In a Representative Capacity: In a representative capacity means “acting as
      “(A) an authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
      “(B) a public officer, personal representative, guardian, or other representative in the capacity stated in a record;
      “(C) an agent or attorney-in-fact for a principal; or
      “(D) an authorized representative of another in any other capacity” (AS 44.50.200[9]).

2. Requirements

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

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

   3. Declaration

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

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

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

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

Oaths and Affirmations

1. Definition: “‘[O]ath’ includes affirmation or declaration” (AS 01.10.060[6]).

2. Requirements: The Lieutenant Governor’s website (“Frequently Asked Questions”) recommends the following wording for oaths and affirmations associated with documents (see “Jurats,” below):

   1. Oath: “I do solemnly swear that the statements in this document are true, so help me God.”

   2. Affirmation: “I do solemnly affirm that the statements in this document are true.”

Jurats and Verifications

1. Jurats

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

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

2. Verifications

   1. Requirements

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

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

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

Copy Certifications

1. Paper Documents: Alaska Notaries Public do not have the authority to certify that a copy of a paper document is a true copy of the original. See “Unauthorized Acts,” below.

2. Tangible Copies of Electronic Records: “A notary public may … give a notarial certificate stating that a tangible copy of an electronic record is an accurate copy of the electronic record” (AS 44.50.060[3]).

Remote Notarial Acts

1. Definition: “'[R]emote online notarization' or ‘remote notarial act’ means a notarial act performed by means of communication technology under this chapter” (8 AAC 88.990[9]).

2. Requirements: For the requirements to perform remote notarial acts, see “Standards for Notarial Acts,” below).

Unauthorized Acts

1. Protests: While the changes to Alaska’s Notary law that took effect in 2005 through Chapter 60 (House Bill 97) repealed the authority of Alaska Notaries to execute protests, another section of Alaska law (AS 45.03.505) still appears to recognize protests performed by Notaries.
   “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. The 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” (AS 45.03.505).

2. Depositions: The changes to Alaska’s Notary law that took effect in 2005 through enactment of Chapter 60 (House Bill 97) only removed from the Notary statutes the Notary’s general authority to “take” (in the sense of transcribing) spoken testimony for depositions and affidavits.
   These changes thus do not affect the Notary’s continuing authority to administer oaths and affirmations and execute jurats for depositions and affidavits. The 2005 law changes also did not remove from the Alaska Rules of Civil Procedure (Rule 28) the authorization for Notaries as oath-administering officials to take depositions when so duly authorized.

3. Copy Certifications: “You have asked us whether AS 44.50.060 authorizes a notary public in Alaska to certify copies of documents. In short, because Alaska law does not directly authorize a notary public to certify copies it is our opinion that a notary public may not certify copies” (1992 Op. (Inf.) Atty Gen. Alas. 87).
   “Unlike in some other U.S. states, Alaska’s notaries do not have the authority to directly certify documents or photocopies of documents” (website, “Authentications” > “Copy Certification By Document Custodian”).
   The workaround to this limitation is a “copy certification by document custodian.” “In essence, a copy certification by document custodian is a statement signed and sworn to by the custodian that includes a notarization. Remember, the custodian, not the Notary, guarantees that the copy is an authentic reproduction of the original” (website, “Authentications” > “What Is A Copy Certification By Document Custodian (CCBDC)?”).

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Personal Appearance

1. Notarial Acts: “A notary public may not … affix the notary public’s official seal to a document unless the person who is to sign the document … except as provided by AS 44.50.075, appears and signs the document before the notary public or, for an acknowledgment, appears and indicates to the notary public that the person voluntarily affixed the person’s signature on the document for the purposes stated within the document” (AS 44.50.062[5][A]).
   “The personal appearance of the signer before the Notary during the act of notarization is required by law” (website, “Frequently Asked Questions”).

2. Remote Notarial Acts: “A remotely located individual may comply with AS 44.50.062(5)(A) by using communication technology to appear before a notary public” (AS 44.50.075[a]).

Identification

1. Notarial Acts

   1. Personal Knowledge: Under Alaska law, a Notary Public may identify a person signing a document requiring an acknowledgment (AS 09.63.070[2]) or for a notarial act performed in the Notary’s physical presence through the Notary’s personal knowledge of the individual (AS 44.50.062[5][C]).

   2. Documentary Identification: “A notary public may not … affix the notary public’s official seal to a document unless the person who is to sign the document … in the case of a notarial act performed in the physical presence of the notary public, is personally known to the notary public, produces government-issued identification containing the photograph and signature of the person signing, or produces
      “(i) government-issued identification containing the signature of the person signing, but without a photograph; and
      “(ii) another valid identification containing the photograph and signature of the person signing” (AS 44.50.062[5][C]).

2. Remote Notarial Acts: “A notary public may not … affix the notary public’s official seal to a document unless the person who is to sign the document … in the case of a notarial act performed for a remotely located individual, satisfies the requirements of AS 44.50.075” (AS 44.50.062[5][D]).

   1. Personal Knowledge: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if
      “(1) the notary public:
      “(A) has personal knowledge of the identity of the individual” (AS 44.50.075[b][1][A]).

   2. Credible Witness: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if
      “(1) the notary public: …
      “(B) obtained satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public (AS 44.50.075[b][1][B]).”

      1. According to 8 AAC 88.040(d)(2)(A) and (B), to be a credible witness for a remote notarization, the witness must have personal knowledge of the remotely located individual and the notary public must have personal knowledge of the credible witness or must have satisfactory evidence of the identity of the credible witness through verification of the witness’s identity by multi-factor authentication in accordance with 8 AAC 88.040(a) through (c).

      2. A credible witness may be outside the physical presence of the Notary or a remotely located individual if the Notary, credible witness, and remotely located individual can communicate by using communication technology (8 AAC 88.040[d][2][C]).

   3. Multi-factor Authentication: If a Notary does not have personal knowledge or satisfactory evidence of the identity of a remotely located individual using a credible witness, the Notary must use a multi-factor authentication procedure consisting of the presentation of a government-issued ID, credential analysis of the presented ID, and at least one form of identity proofing (AS 44.50.075[b][1][C]).

      1. “'[M]ulti-factor authentication' means a security system that requires more than one method of authentication from independent categories of credentials to verify the user’s identity for a login or other transaction” (8 AAC 88.990[4]).

      2. “The [multi-factor authentication] procedure must analyze the individual’s identification credential that is the subject of remote presentation against trusted third-party data sources, bind the individual’s identity to the individual following a successful knowledge-based authentication assessment, and permit the notary public to visually compare the identification credential and the individual. Credential analysis and identity proofing must be performed by a reputable third party that has provided evidence to the notary public of its ability to satisfy the requirements of this chapter [8 AAC Chapter 88]” (8 AAC 88.040[a]).

      3. “'[C]redential analysis' means a form of identity proofing by which a third person affirms the accuracy of a government-issued identification card” (AS 44.50.075[b][1][C][ii]).
         “Credential analysis must use public or private data sources to confirm the validity of the identification credential that is the subject of remote presentation by a remotely located individual and must, at a minimum,
         ”(1) use automated software processes to aid the notary public in verifying the identity of each remotely located individual;
         ”(2) require the identification credential to pass an authenticity test, consistent with sound commercial practices, that uses 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;
         ”(3) 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
         ”(4) enable the notary public to visually compare for consistency the information and photograph on the identification credential and the remotely located individual as viewed by the notary public in real time through communication technology” (8 AAC 88.040[b]).

      4. “'[I]dentity proofing' means a process or service by 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” (AS 44.50.200[8]).
         “Identity proofing may be performed by means of a knowledge-based authentication assessment. The assessment is successful if it meets the following requirements:
         ”(1) the remotely located individual must answer a quiz of a minimum of five questions related to the individual’s personal history or identity formulated from public or private data sources;
         ”(2) each question must have a minimum of five possible answer choices;
         ”(3) at least 80 percent of the questions must be answered correctly;
         ”(4) all questions must be answered within two minutes;
         ”(5) if the remotely located individual fails the first attempt, the individual may retake the quiz one time within 24 hours;
         ”(6) during a retake of the quiz, a minimum of 40 percent of the prior questions must be replaced;
         ”(7) if the remotely located individual fails the second attempt, the individual is not allowed to retry with the same online notary public until at least 24 hours after the second failed attempt; and
         ”(8) the notary public may not be able to see or record the questions or answers” (8 AAC 88.040[c]).

Willingness and Competence

“What three things should a notary screen for? — a. Identity. b. Willingness. c. Competency”
(website, “Frequently Asked Questions” > “What three things should a notary screen for?”).

1. Willingness: Alaska law states that no notarization may be performed unless the person who is to sign the document “appears and signs the document before the notary public or, for an acknowledgment, appears and indicates to the notary public that the person voluntarily affixed the person’s signature on the document for the purposes stated within the document” (AS 44.50.062[5][A]).
   “If you suspect a person is being forced to sign a document, you should refuse to notarize the document. If you fear violence, you might notarize and then contact the police” (website, “Frequently Asked Questions” > “How can I determine willingness?”).

2. Competence: “The constituent should be able to communicate with you in some fashion and have the ability to indicate a basic understanding of the contents of the document. If there is doubt about competency, you may consult an available expert, such as the constituent’s doctor or attorney. However, your common sense should prevail. If the constituent cannot communicate intelligibly, the notarization should not be performed” (website, “Frequently Asked Questions” > “How can I screen for competency?”).
   “While you scan the document for any printed title or other document identification, ask the signer to describe the document to you as well … If the signer is unable to describe what the document is, or is having a difficult time conveying that information, it may be an indication that they are not competent to sign” (website, “Frequently Asked Questions” > “What is the procedure for notarizing a document?”).

Limitations of Notarization

“Notarization does not guarantee the truthfulness or accuracy of statements in a document. The notary has no obligation to verify a document’s contents. Notarization does not ‘legalize’ or ‘validate’ a document” (website, “Frequently Asked Questions” > “What are the limitations of notarization?”).

Signature by Mark

“‘[S]ignature’ or ‘subscription’ includes the mark of a person who cannot write, with the name of that person written near the mark by a witness who writes the witness’s own name near the name of the person who cannot write; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names to the sworn statement (AS 01.10.060[12]).

“When a physical handicap or illiteracy prevents a signer from writing his or her signature in the normal fashion, a mark (usually an ‘X’) may be used. This type of signature requires two witnesses in addition to the notary” (website, “Frequently Asked Questions” > “Is it proper for the notarial certificate to be an attachment to the document?”).

Foreign-Language Documents

1. Direct Communication: “What should a notary do if asked to notarize a document written in a foreign language? — First, the notary and the signer must be able to communicate directly without the assistance of a translator. If the notary and signer can’t communicate directly the notary must decline the notarization and the signer should find a notary fluent in the language” (website, “Frequently Asked Questions” > “What should a notary do if asked to notarize a document written in a foreign language?”).

2. Document Naming Notary: “In some cases, foreign language documents may be drafted such that the notary’s name is embedded in the body of the document. Alaska law specifically prohibits notaries from performing notarizations if they are named in the body of the document” (website, “Frequently Asked Questions” > “What should a notary do if asked to notarize a document written in a foreign language?”).

3. Notary’s Choice: “If direct communication with the signer is possible but the notary can’t read the body of the document, notaries have the discretion to either continue with the notarization or they may decline the notarization for reasons discussed below…. “If you decide that you are unable to perform the notarization please try to assist the signer in finding a notary that can work with them or direct them to contact the [state] notary office for assistance” (website, “Frequently Asked Questions” > “What should a notary do if asked to notarize a document written in a foreign language?”).
   “The safest course of action for the notary is to defer the notarization to a notary fluent in the language the document is constructed in. We have a resources Web page where we list Alaska notaries who are available to perform foreign language notarizations” (website, “Frequently Asked Questions” > “What should a notary do if asked to notarize a document written in a foreign language?”).

4. Notarial Certificate: [E]very document bearing a notarized signature must also contain a notarial certificate and the notarial certificate must be in a language that the notary understands” (website, “Frequently Asked Questions” > “What should a notary do if asked to notarize a document written in a foreign language?”).

Disqualifying Interest

1. Personal: “A notary public may not … perform a notarial act if the notary public
   “(A) is a signer of or named in the document that is to be notarized; or
   “(B) will receive directly from a transaction connected with the notarial act a commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the normal fee charged by the notary for the notarial act” (AS 44.50.062[6]).

2. Relatives: “Alaska Statutes do not specifically forbid notarizing the signatures of relatives.... If there is any reason to believe that a document may be contested, or if the actions related to the document may prove controversial, it would be best in those situations to avoid performing notarizations for relatives. If you are unsure about the wisdom or propriety of involving yourself in a notarization for a relative it would be best to refuse to participate in the notarization” (website, “Frequently Asked Questions” > “May I notarize my own signature or the signature of relatives?”).

Avoidance of Influence

“A notary public may not … influence a person to enter into or avoid a transaction involving a notarial act by the notary public” (AS 44.50.062[2]).

Violation of State or Federal Law

“A notary public may not … violate state or federal law in the performance of acts authorized by this chapter” (AS 44.50.062[1]).

Administration of Oath

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

Unauthorized Practice of Law

1. Selecting Notarial Certificate; Drafting Documents: “A notary public who is not an attorney may complete but may not select notarial certificates, and may not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act” (AS 44.50.061[a]).

   1. Exception: However, “[AS 44.50.061(a)] does not prohibit a notary public who is qualified in and, if required, licensed to practice, a particular profession from giving advice relating to matters in that professional field” (AS 44.50.061[b]).

2. Deciding Type of Notarial Act: “A notarization is incomplete without notarial wording. It is not the notary’s role or obligation to decide what type of notarial act is needed for a given document. This is a legal decision. The signer should be asked to find out what kind of certificate is appropriate. This information may be acquired through an attorney or from the issuing or receiving agencies of the document. If the constituent provides the appropriate notarial wording, the notary may affix the notarial certificate as a courtesy” (website, “Frequently Asked Questions” > “How should I notarize a document that contains no notarial certificate?”).

Misrepresentation

“A notary public may not make representations to have powers, qualifications, rights, or privileges that the office of notary public does not have” (AS 44.50.061[c]).

Rejections by Recorders

“What are the three types of discrepancies that commonly cause recorders to reject notarized documents? —
“a. Missing or illegible seal impression
“b. Missing or illegible signature
“c. Improper or incomplete notarial certificate” (website, “Frequently Asked Questions” > “What are the three types of discrepancies that commonly cause recorders to reject notarized documents?”).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: Alaska has enacted the Uniform Electronic Transactions Act, including the following provision on electronic notarization, 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” (AS 09.80.080).

   2. Other Statutes: Alaska has enacted statutory provisions related to a Notary’s electronic signature and seal in AS 44.50.063 and 44.50.065 (see “Seal and Signature,” below).

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

3. Tamper-Evident Technology: “A notary public may select one or more tamper-evident technologies with which 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” (AS 44.50.145[a]).

Remote Notarial Acts

1. Applicable Law

   1. Statutes: Effective January 1, 2021, Alaska has enacted statutory provisions related to remote notarial acts in the Alaska Statutes Sections 44.50.075, 44.50.078, 44.50.145, and 44.50.200.

   2. Regulations: Effective January 1, 2021, the Alaska Lieutenant Governor has adopted administrative regulations implementing remote notarial acts in the Alaska Administrative Code, Title 5, Chapter 88.

2. Technology Systems: “If the lieutenant governor has established standards under (f)(3) of this section or AS 44.50.072 for approval of communication technology or identity proofing, the communication technologies and identity proofing must conform to the standards” (AS 44.50.075[e]).

   1. Approval of System Providers: Not required.

   2. List of System Providers: Provided.
      The Lieutenant Governor maintains a list of remote notarization system providers that it provides as a “courtesy” to Alaska Notaries, but it does not require a Notary to select one of these systems. None of the providers listed are endorsed by the Lieutenant Governor (website, “Notarial Resources”).
      “A notary must research providers and find the platform that best suits their business needs” (website, “Guidance on Implementing Notarizations for Remotely Located Individuals”).
      The Lieutenant Governor provides a list of providers whose technology systems are offered to Alaska Notaries at the Lieutenant Governor’s website at https://ltgov.alaska.gov/notaries-public/resources-and-language-assistance/#notary-resources. (See the list of vendors under “Resources for Performing Remote Online Notarization (RON).”)

3. Communication Technology

   1. Definition: “'[C]ommunication technology' means an electronic device or process that
      ”(A) allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
      ”(B) when necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a visual, hearing, or speech impairment” (AS 44.50.200[5]).

   2. 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 remotely located individual to see and speak with each other in real time. The process must provide a means for the notary public to reasonably confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature” (8 AAC 88.030[a]).

   3. Security of Communication: “Communication technology must provide reasonable security measures to prevent unauthorized access to
      ”(1) the live transmission of the audio-video feeds;
      ”(2) the methods used to perform the identity proofing; and
      ”(3) the electronic record that is the subject of the remote online notarization” (8 AAC 88.030[b]).

   4. Interrupted Workflow: “If a remotely located individual leaves the session before the completion of the identity verification, the individual must restart the identity proofing process from the beginning” (8 AAC 88.030[c]).

4. Confirmation of Record: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [t]he notary public is able reasonably to confirm the record before the notary public as the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature” (AS 44.50.075[b][2]).

5. Audio-Visual Recording: For the requirement that a Notary who performs notarial acts for remotely located individuals keep a recording of each notarial act, see “Records of Notarial Acts,” below.

6. Principals Located Outside the U.S.: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if… for a remotely located individual located outside the United States,
   ”(A) the record
   ”(i) is to be filed with or relates to a matter before a public official, court, governmental entity, or other entity subject to the jurisdiction of the United States; or
   ”(ii) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
   ”(B) the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located” (AS 44.50.075[b][4]).

Validity of Notarial Acts

“The failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on a law of this state other than this chapter or a law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform a notarial act” (AS 44.50.165).

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Acceptable Acknowledgment Certificate

“The form of a certificate of acknowledgment … shall be accepted in the state if
“(1) the certificate is in a form prescribed by the laws or regulations of the state;
“(2) the certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken; or
“(3) the certificate contains the words ‘acknowledged before me’ or their substantial equivalent” (AS 09.63.080).

Certificate Forms

Alaska has adopted the Uniform Recognition of Acknowledgments Act with minor revisions, including the Act’s short-form certificates (AS 09.63.100[a]). In addition, Alaska Statutes 09.63.030 and 09.63.040 contain statutory certificate forms for administering an oath or affirmation and verification, respectively. These certificate forms appear below.

In order to conform with Alaska law, the Notary’s seal and commission expiration date must be added to the above certificates, and the judicial district should be noted in the venue rather than the county.