Colorado - U.S. Notary Reference
2Last Update: May 20, 2025
QUICK FACTS
Notary Jurisdiction
Statewide (CRS 24-21-510[1][a]).
Notary Term Length
Four years (CRS 24-21-521[6]).
Notary Bond
Not required.
Notary Seal
Required (CRS 24-21-515[2]).
Notary Journal
Required (CRS 24-21-519[1]).
ADMINISTRATION AND RULES
Commissioning and Regulating Official
The Colorado Secretary of State commissions (CRS 24-21-521[6]), regulates (CRS 24-21-527), and may investigate and take disciplinary action against the commission of Colorado Notaries (CRS 24-21-523).
Contact Information
Address: Office of Secretary of State
Business and Licensing Division
Notary Program
1700 Broadway, Suite 200
Denver, CO 80290Phone: 303-894-2200
Website: https://www.coloradosos.gov/pubs/notary/home.html?menuheaders=7
Laws, Rules and Guidelines
Laws
Colorado Revised Statutes: Most Notary statutes are in the Colorado Revised Statutes (CRS), Title 24, Article 21, Part 5 (“Revised Uniform Law on Notarial Acts”).
Citations: Citations to the CRS in this chapter follow this convention: CRS, title, article, section, and any subsection, paragraph, or subparagraph within the section, if applicable, in brackets. Example: CRS 24-21-514[1].
Rules
Code of Colorado Regulations: Rules regulating electronic notarization are in the Code of Colorado Regulations (CCR) Volume 8, “Notary Program Rules.”
Citations: Citations to the Regulations in this chapter follow this convention: Title, CCR, chapter, rule number, and paragraph or subparagraph within the rule number, if any, separated by periods and/or brackets. Example: 8 CCR 1505-11, Rule 5.2.3[b][3].
Guidelines: Other guidelines for Notaries are in the “Notary Handbook” (NH) (Revised April 24, 2024) issued by the Secretary of State and available on the website.
COMMISSION AND APPOINTMENT
Commission Process
Qualifications: “An applicant for a commission as a notary public must:
“(a) Be at least eighteen years of age;
“(b) Be a citizen or permanent legal resident of the United States or otherwise lawfully present in the United States;
“(c) Be a resident of or have a place of employment or practice in this state;
“(d) Be able to read and write English;
“(e) Not be disqualified to receive a commission under section 24-21-523; and
“(f) Have passed the examination required under section 24-21-522(1)” (CRS 24-21-521[3]).Lawful Presence: “The secretary of state shall verify the lawful presence in the United States of each applicant by:
“(a) Accepting one of the following documents from the applicant:
“(I) A United States military card or a military dependent’s identification card;
“(II) A United States Coast Guard Merchant Mariner card;
“(III) A Native American tribal document;
“(IV) A valid Colorado driver’s license or a Colorado identification card issued pursuant to article 2 of title 42, unless the applicant holds a license or card issued pursuant to part 5 of article 2 of title 42;
“(V) A valid driver’s license or identification card issued by another state, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States that is compliant with the federal “REAL ID Act”, as amended;
“(VI) A valid United States passport;
“(VII) A valid United States permanent resident card; or
“(VIII) Any other valid type of identification that requires proof of lawful presence in the United States to obtain; and
“(b) Executing an affidavit stating that the applicant is:
“(I) A United States citizen or legal permanent resident; or
“(II) Otherwise lawfully present in the United States pursuant to federal law” (CRS 24-21-521[4]).Course: “The secretary of state or an entity approved by the secretary of state shall offer regularly a course of study to applicants who do not hold commissions as notaries public in this state. The course must cover the laws, rules, procedures, and ethics relevant to notarial acts. The office of the secretary of state may enter into a contract with a private contractor or contractors to conduct notary training programs. The contractor or contractors may charge a fee for any such training program” (CRS 24-21-522[2]).
“No more than 90 days before renewing a commission, a notary must successfully complete training and pass the exam administered by the Secretary of State” (8 CCR 1505-11, Rule 2.1.3).Exam: “An applicant for a commission as a notary public who does not hold a commission in this state must pass an examination administered by the secretary of state or an entity approved by the secretary of state. The examination must be based on the course of study described in subsection (2) of [CRS 24-21-522]” (CRS 24-21-522[1]).
As noted above, a Notary who renews his or her commission must pass the examination administered by the Secretary of State.Application
Online Application: Applicants for a Colorado Notary commission must apply online.
Supporting Materials: The application process requires applicants to scan and upload a signed and notarized affirmation form, a photocopy of both sides of an acceptable identification document, the certificates evidencing completion of an approved Notary training course and passage of the online Notary exam.
Lawful Presence: “The secretary of state shall verify the lawful presence in the United States of each applicant by:
“(a) Accepting one of the following documents from the applicant:
“(I) A United States military card or a military dependent’s identification card;
“(II) A United States Coast Guard Merchant Mariner card;
“(III) A Native American tribal document;
“(IV) A valid Colorado driver’s license or a Colorado identification card issued pursuant to article 2 of title 42, unless the applicant holds a license or card issued pursuant to part 5 of article 2 of title 42;
“(V) A valid driver’s license or identification card issued by another state, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States that is compliant with the federal “REAL ID Act”, as amended;
“(VI) A valid United States passport;
“(VII) A valid United States permanent resident card; or
“(VIII) Any other valid type of identification that requires proof of lawful presence in the United States to obtain; and
“(b) Executing an affidavit stating that the applicant is:
“(I) A United States citizen or legal permanent resident; or
“(II) Otherwise lawfully present in the United States pursuant to federal law” (CRS 24-21-521[4]).Notification of Approval: Once an application has been approved, the Notary will be sent an email notification.
Commission Certificate: The Notary may then print his or her commission certificate from the website. This commission certificate must be presented to an office supplier in order to obtain a Notary seal or stamp and a journal (website, “Notary Public FAQs – Applying and renewing”).
Background Screening: Not required.
Non-Residents: Non-residents of Colorado may become Notaries in the state if they have a place of employment or practice in Colorado (CRS 24-21-521[3][c]).
Reappointment: Renewing Notaries may apply online up top 90 days before their commission expires. Renewing Notaries must complete an approved Notary training and pass the online Notary exam (see “Exam” above). Otherwise, they need only submit a scanned photocopy of their acceptable ID (see “Application,” above) and the $10 filing fee (website, “Notary Public FAQs – Applying and renewing”).
No Immunity or Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees” (CRS 24-21-521[7]).
Notification to Perform In-Person and Remote Notarial Acts
In-Person Electronic Notarial Acts: “Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the secretary of state has established standards for approval of technology pursuant to section 24-21-527, the technology must conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology” (CRS 24-21-520[2]).
Notice of Intent: “A notary must submit a notice of intent on the approved form and receive approval from the Secretary of State before the notary may electronically notarize a document. A new applicant may file the intent at the time of application but may only electronically notarize a document after he or she has been commissioned and approved. If the applicant intends to use a different electronic signature than a DAN [document authentication number], the applicant must attach an example of the electronic signature, a description of the electronic signature technology, and contact information for the technology’s supplier or vendor” (8 CCR 1505-11, Rule 2.2.1).
Expiration of Approval: “(a) Approval [to notarize electronically] automatically expires:
“(1) Upon revocation, expiration, or resignation of the notary’s commission;
“(2) 30 days after the notary’s name changes unless the notary previously submitted a name change;
“(3) Upon conviction of a felony;
“(4) Upon conviction of a misdemeanor involving dishonesty;
“(5) If the notary no longer has a place of employment or practice or a residential address in the state of Colorado; or
“(6) Upon the expiration or revocation of the technology described in the notification” (8 CCR 1505-11, Rule 2.2.4[a]).Destruction of Software, DANs: “If approval expires, the notary or the notary’s authorized representative must destroy all electronic notarization software and unused DANs [document authentication numbers] unless:
“(1) The notary’s commission expired; and
“(2) Within 30 days of the commission’s expiration, the Secretary of State recommissions the notary and the notary reregisters his or her electronic signature” (8 CCR 1505-11, Rule 2.2.4[b]).
Remote Notarial Acts
Requirement: “Before a notary public performs the notary public’s initial notarization using a remote notarization system, the notary public shall notify the secretary of state that the notary public will be performing remote notarizations and shall identify each remote notarization system that the notary public intends to use. The remote notarization system must conform to this part 5 and any rules adopted by the secretary of state. The notice must be submitted in the format required by the secretary of state and must:
”(a) Include an affirmation that the notary public has read and will comply with this section and all rules adopted by the secretary of state; and
”(b) Be accompanied by proof that the notary public has successfully completed any training and examination required by the secretary of state” (CRS 24-21-514.5[3]).Application: “(a) A notary public must submit a notice of intent on the approved application form and receive approval from the Secretary of State before the notary can remotely notarize a document. The notary must submit proof of successful completion of remote notarization training and examination and the required fee.
”(b) A notary public must already be commissioned as a Colorado notary public with Active status to be approved as a remote notary.
”(c) An individual may file the notice of intent when initially applying to become a Colorado notary public but may only remotely notarize a document after being commissioned and approved.
”(d) A remote notary public must renew every four years or until his or her regular notary public commission requires renewal, whichever date comes first. No more than 90 days before renewing his or her remote notary status, the remote notary public must successfully complete the renewal training, pass the required exam, and pay the required fee.
”(e) In applying to become a remote notary public or upon renewal, the individual must select at least one approved remote notarization system provider. An applicant may select multiple approved system providers” (8 CCR 1505-11, Rule 5.2.1).Expiration of Approval: “Approval automatically expires:
”(1) Upon revocation, expiration, or resignation of the notary’s commission;
”(2) 30 days after the notary’s name changes unless the notary previously submitted a name change.
”(3) Upon conviction of a felony;
”(4) Upon conviction of a misdemeanor involving dishonesty;
”(5) If the notary no longer has a place of employment or practice or a residential address in the state of Colorado; or
”(6) Upon the revocation of approval of the remote notarization system provider or the remote notarization storage provider used by the remote notary public unless the remote notary public either notified the Secretary of State of another provider or already has alternative providers on file with the Secretary of State as authorized by Rule 5.2.1(e)” (8 CCR 1505-11, Rule 5.2.9[a]).
“If approval expires, the remote notary public or the notary’s authorized representative must delete the notary’s seal and electronic signature from the remote notary provider’s system and dispose of the journal and the audio-video recordings in accordance with sections 24-21-514.5(9)(c) and 24-21-519, C.R.S. unless within 30 days of the expiration, the Secretary of State reapproves the notary” (8 CCR 1505-11, Rule 5.2.9[b]).System Provider Changes: “A remote notary public must notify the Secretary of State in writing through the Secretary of State’s online system within 30 days after changing a remote notarization system provider or remote notarization storage provider” (8 CCR 1505-11, Rule 5.2.8)
Online Search
“The secretary of state shall maintain an electronic database of notaries public:
“(a) Through which a person may verify the authority of a notary public to perform notarial acts; and
“(b) Which indicates whether a notary public has notified the secretary of state that the notary public will be performing notarial acts on electronic records” (CRS 24-21-524).
On the website, through “Verify a notary,” the current status of Notary may be confirmed.
Jurisdiction
“A notarial act may be performed in this state by… [a] notary public of this state” (CRS 24-21-510[1][a]).
Term Length
“On compliance with [CRS 24-21-521], the secretary of state shall issue a commission as a notary public to an applicant for a term of four years, unless revoked in accordance with section 24-21-523” (CRS 24-21-521[6]).
Bond
Requirement: Not required by law.
Optional Bond or Insurance: “Nothing in this part 5 shall be construed to deny a notary public the right to obtain a surety bond or insurance on a voluntary basis to provide coverage for liability” (CRS 24-21-531[3]).
Changes of Status
Name or Address Change: “A notary public shall notify the secretary of state within thirty days after he or she changes his or her name, business address, or residential address. In the case of a name change, the notary public shall include a sample of the notary’s handwritten official signature on the notice. Pursuant to section 24-21-104(3), the secretary of state shall determine the amount of, and collect, the fee, payable to the secretary of state, for recording notice of change of name or address” (CRS 24-21-530).
Resignation, Revocation, Expiration of Commission: “On resignation from, or the revocation of expiration of, the notary public’s commission, or on the expiration of the date set forth in the stamping device, if any, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (CRS 24-21-518[1]).
Resignations may be filed electronically on the website. A printable resignation form also is available from the “Forms” link on the website.
“What do I do if I no longer want to be a notary or if I need to resign my commission? — If you want or need to resign your commission, log in using your notary ID and password then scroll down to “Resign” under Actions on your summary page. Your commission will then no longer be in effect.” (website, “Notary Public FAQs – General questions”).Incompetency or Death of Notary: “On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (CRS 24-21-518[1]).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Colorado Notaries are authorized to perform the following notarial acts (CRS 24-21-502[6], except as otherwise noted):
Take acknowledgments and proofs (CRS 38-30-136);
Administer oaths and affirmations;
Take depositions and other sworn testimony;
Take verifications on oath or affirmation;
Witness or attest signatures;
Certify copies; and
Note protests of a negotiable instruments.
In-Person Electronic and Remote Notarial Acts: Colorado Notaries who have notified the Secretary of State that they will be performing technology-based notarial acts may perform any of the notarial acts listed above electronically or remotely.
Acknowledgments
Definitions
Acknowledgment: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (CRS 24-21-502[1]).
In a Representative Capacity: “‘In a representative capacity’ means acting as:
“(a) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
“(b) A public officer, personal representative, guardian, or other representative, in the capacity stated in a record;
“(c) An agent or attorney-in-fact for a principal; or
“(d) An authorized representative of another in any other capacity” (CRS 24-21-502[5]).
Requirements
Identity of Principal: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed …” (CRS 24-21-505[1]). See “Identification under “Standards of Practice,” below.
Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (CRS 24-21-505[1]).
Personal Appearance: “In an acknowledgment, the notary is guaranteeing that: the signer was in the notary’s presence, the notary identified the signer, and the signer acknowledged that the signature on the document is his or hers. Technically, acknowledgments don’t have to be signed in the notary’s presence. However, the notarization must take place in the signer’s presence” (website, “Notary Public FAQs – Powers and duties”). See “Personal Appearance” under “Standards of Practice,” below.
Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (CRS 24-21-502[1]):
Signature: The individual must acknowledge that “the individual has signed a record for the purpose stated in the record….”
Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must 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.”
Representative Capacity: “For some acknowledgments, client identification may have a second part. A signer may be acknowledging in a representative capacity. In such cases, the notary should identify the individual AND his or her capacity. The signer should attest to his capacity/or legal authority. It is not up to the notary to research their authority, make an ultimate determination, or to draw any legal conclusions. To do so is considered the unauthorized practice of law” (NH).
Mental Capacity and Duress: In taking an acknowledgment, “[a] Notary must: …
“Assess the client’s basic competence and understanding of the document. Again, a wise notary does not do any type of notarization for a client who is obviously not competent. However, a notary has a little more responsibility for this assessment on acknowledgments than on other types of notarizations.…
“Be satisfied that the client is not under duress or being coerced to make the acknowledgment. Acknowledgments must be voluntary. They must be the “free will acts and deeds” of the client. For this reason, a notary who sees evidence of duress or coercion used to extract an acknowledgment from a client should not proceed with the notarization until and unless the duress issues are resolved to the notary’s satisfaction….
“If a duress issue arises, how should a notary handle it? First, a notary should evaluate the situation. A notary should be sure s/he is dealing with a genuine duress question. Not everything that looks like coercion at first glance is an interference with a client’s ‘free will act and deed.’” (NH). See “Refusal of Services” under “Standards of Practice,” below.
Proofs
“When any deed or instrument of writing has been executed and not acknowledged according to law at the time of the execution thereof, such deed or instrument of writing may at any subsequent time be acknowledged by the makers thereof in the manner provided in this article, or proof may be made of the execution thereof before any officer authorized to take acknowledgments of deeds in the manner provided in this section. Such officer, when the fact is not within his own knowledge, shall ascertain from the testimony of at least one competent, credible witness, to be sworn and examined by him, that the person offering to prove the execution of such deed or writing is a subscribing witness thereto. Thereupon such officer shall examine such subscribing witness upon oath or affirmation, and shall reduce his testimony to writing and require the witness to subscribe the same, endorsed upon or attached to such deed or other writing, and shall thereupon grant a certificate that such witness was personally known or was proved to him by the testimony of at least one witness (who shall be named in such certificate) to be a subscribing witness to the deed or instrument of writing to be proved, that such subscribing witness was lawfully sworn and examined by him, and that the testimony of the said officer was reduced to writing and by said subscribing witness subscribed in his presence” (CRS 38-30-136[1]).
Oaths and Affirmations
Definitions
Oath: Oath means “[a] solemn, formal declaration or promise to tell the truth, made before a notary public, under penalty of perjury. Traditionally, the oath invokes reference to a deity ('under God') as witness” (NH).
Affirmation: Affirmation means “[a] solemn declaration that the information contained in the document is true and accurate, made by persons who decline taking an oath for religious or conscientious reasons. An affirmation is equivalent to an oath and is just as binding” (NH).
“‘Oaths,’ as used herein, is intended to include affirmations. There is a minor difference, however. An oath is defined as a vow, promise, pledge or solemn declaration that refers to a supreme being — e.g., ‘This is the truth, the whole truth, and nothing but the truth, so help me God’ or ‘I swear to God.’ Whereas an affirmation does not include the word ‘swear’ nor invoke a deity — e.g., ‘I solemnly affirm’ or ‘I affirm under penalty of perjury’ or the like” (NH).
Oath-Administering Officials: “All courts in this state and each judge, justice, magistrate, referee, clerk, and deputy clerk thereof; court reporters who hold the registered professional reporter certification or higher; members and referees of the division of labor standards and statistics; members of the public utilities commission; and notaries public have power to administer oaths or affirmations to witnesses and others concerning any matter, thing, process, or proceeding pending, commenced, or to be commenced before them respectively. The courts, judges, magistrates, referees, clerks, and deputy clerks within their respective districts or counties; court reporters who hold the registered professional reporter certification or higher; a person designated by the governing body, or any officer thereof; and notaries public within any county of this state have the power to administer all oaths or affirmations of office and other oaths or affirmations required to be taken by any person upon any lawful occasion and to take affidavits and depositions concerning any matter or thing, process, or proceeding pending, commenced, or to be commenced in any court or on any occasion an affidavit or a deposition is authorized or by law required to be taken” (CRS 24-12-103).
Form of Oath of Office: “When a person is required to take an oath or affirmation before the person enters upon the discharge of a public office or position, the form of the oath or affirmation is as follows:
“I [name], do [select swear, affirm, or swear by the everliving God] that I will support the constitution of the United States, the constitution of the state of Colorado, and the laws of the state of Colorado, and will faithfully perform the duties of the office of [name of office or position] upon which I am about to enter to the best of my ability.“ If choosing to swear an oath, the person swearing shall do so with an uplifted hand” (CRS 24-12-101)
Form of Affirmation: “Whenever any person is required to take or subscribe an oath, and in all cases where an oath is to be administered upon any lawful occasion, and the person has conscientious scruples against taking an oath, the person is permitted to make a solemn affirmation in lieu of an oath. Whenever any person is required to take an oath or affirmation, other than an oath for public office or position in accordance with section 24-12-101, the person shall take or subscribe the oath or affirmation in the manner specified in the particular law that imposes the requirement” (CRS 24-12-102).
Examples: The “Colorado Notary Handbook” provides the following sample oaths and affirmations: “Do you affirm (swear) under penalty of perjury that you are (Name of individual swearing or affirming) and that what you are about to say is true (so help you God)?”
“Do you affirm (swear) under penalty of perjury that you are (Name of individual swearing or affirming) and that you have read and understand (document name) and that to the best of your knowledge and belief it is true (so help you God)?”
“Do you affirm (swear) under penalty of perjury that you are (Name of individual swearing or affirming) and that you have executed this (insert type of document executed) and that it is your free act and deed (so help you God)?”
Depositions and Sworn Testimony
“[N]otaries public within any county of this state, have the power … to take affidavits and depositions concerning any matter or thing, process, or proceeding pending, commenced, or to be commenced in any court or on any occasion an affidavit or a deposition is authorized or by law required to be taken” (CRS 24-12-103).
Verifications on Oath or Affirmation
Definition: “‘Verification on oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (CRS 24-21-502[16]).
“RULONA distinguished between an oral oath, or affirmation, and one made in written record. In a written record, it is called a ‘verification on oath or affirmation,’ or ‘verification of a statement on oath or affirmation.’ The requirements for performing them are the same as an oral oath, or affirmation” (NH).Requirements
Identity of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual” (CRS 24-21-505[2]). See “Identification under “Standards of Practice,” below.
Oath/Affirmation: “Many notaries miss important steps within the process. They watch the signing and fill out the notarial certificate, but omit the most important part of a jurat, the administration of the oath or affirmation. In that case, a client may sign a document without even being aware that s/he is supposedly swearing to it. The client may not even have read the document thoroughly, much less have been prepared to affirm to it under penalty of perjury.
“Such a client may complain about the notary’s improper performance later and the Secretary of State will be forced to investigate the matter. After all, the notary is a public officer who has ‘carefully read the notary law of this state’ and has solemnly undertaken to perform all notarizations in conformance with that law (C.R.S. 24-21-521[5])” (NH).Oath/Affirmation: The short form certificate of notarial act for a verification on oath or affirmation (CRS 24-21-516[c]) states, “Signed and sworn to (or affirmed) before me …” indicating that the Notary Public performing the verification must administer an oath or affirmation to the principal.
Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation (CRS 24-21-516[c]) states, “Signed and sworn to (or affirmed) before me …” indicating that the Notary Public performing the verification must personally witness the principal sign the record.
Signature Witnessings
Definition: “When a signer appears and signs a document before a notary, the notary has witnessed a signature” (website, “Notary Public FAQs – Powers and duties”).
Requirements
Identity of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (CRS 24-21-505[3]).
Witness Signature: The short form certificate of notarial act for a signature witnessing states, “Signed before me …” (CRS 24-21-516[d]) indicating that the Notary Public performing the signature witnessing must personally witness the principal sign the record.
Copy Certifications
Requirements: “A notarial officer who certifies a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item” (CRS 24-21-505[4][a]).
Prohibitions: “A notarial officer shall not certify a copy of a record that can be obtained from any of the following offices in this state:
“(i) A clerk and recorder of public documents;
“(ii) The secretary of state;
“(iii) The state archives; or
“(iv) An office of vital records” (CRS 24-21-505[4][b]).
“A notarial officer shall not certify a copy of a record if the record states on its face that it is illegal to copy the record” (CRS 24-21-505[4][c]).Examples: “The Secretary of State’s office most frequently sees examples of notarized copies in the following areas:
”• Employment matters—e.g., diplomas, awards and honors, ratings;
”• Business affairs—e.g., licenses and permits, powers of attorney, contracts and agreements;
”• Adoptions—e.g., home studies, financial statements, health assessments;
”• International travel—e.g., passports, drivers’ licenses, other documents for backup of originals” (NH).
Protests
Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (CRS 4-3-505[b]).
“Requests for notices of dishonor and protests are very rare. These ‘notices of dishonor’ are tied to fraudulent UCC filings or attempts to be relieved of responsibility for a debt, such as a mortgage. Lawful requests, made in accord with both the notary law and the UCC, are even rarer. They may, in fact, be nonexistent at this point. The world of commerce has now grown past any real need for a notary to be involved in this function” (NH).Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section 4-3-505 (b) of the ‘Uniform Commercial Code’ (CRS 24-21-505[5][a]).
Limited Notaries Only: “A notary public shall not make or note a protest of a negotiable instrument unless the notary is an employee of a financial institution acting in the course and scope of the notary’s employment with the financial institution” (CRS 24-21-505[5][b]).
In-Person Electronic Notarial Acts
Definition: “‘Electronic notarization’ means a notary’s notarization of electronic records that includes the notary’s and the document signer’s electronic signatures” (8 CCR 1505-11, Rule 1.5).
“An e-notarization is a document in electronic format that is signed and notarized electronically, then filed or transmitted electronically to its intended destination. They may be used in transactions between private parties who agree to it (such as a contract that is notarized and then e-mailed between the parties)” (website, “Notary Public FAQs – Electronic notary information”).
Remote Notarial Acts
Definition: “'Remote notarization' means an electronic notarial act performed with respect only to an electronic record by means of real-time audio-video communication in accordance with section 24-21-514.5 and rules adopted by the secretary of state” (CRS 24-21-502[11.5]).
STANDARDS OF PRACTICE
Personal Appearance
Requirement: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer” (CRS 24-21-506[1]).
Definition
Traditional Notarial Acts, IPEN: ”[A]pear personally means… [b]eing in the same physical location as another individual and close enough to see, hear, communicate with, and exchange tangible identification credentials with that individual; or
Remote Notarial Acts: ””[A]pear personally means… [i]nteracting with a remotely located individual by means of real-time audio-video communication in compliance with section 24-21-514.5 and rules adopted by the secretary of state” (CRS 24-21-506[2]).
Identification
Notarial Acts
Requirement: In taking an acknowledgment and verification on oath or affirmation, and witnessing or attesting a signature, a notarial officer, including a Notary Public, must determine, from personal knowledge or satisfactory evidence, that the individual appearing before the Notary has the identity claimed (CRS 24-21-505[1], [2] and [3]).
Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (CRS 24-21-507[1]).
Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
“(a) By means of:
“(i) A passport, driver’s license, or government-issued nondriver identification card that is current or expired not more than one year before performance of the notarial act; or
“(ii) Another form of government identification issued to the individual that is current or expired not more than one year before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer; or
“(b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license, or government-issued nondriver identification card that is current or expired not more than one year before performance of the notarial act” (CRS 24-21-507[2]).Credible Witness: What requirements must the Notary using a Credible Witness satisfy? … RULONA states that the Credible Witness provides satisfactory evidence of identity “[b]y a verification on oath or affirmation.” … This means that the Credible Witness must provide a written statement (which can be a declaration or affidavit) that the Credible Witnesss wears to and has notarized by the same notary who is notarizing the Client’s separate document” (NH).
What does the Credible Witness swear to/affirm in the written statement? … The Credible Witness should swear or affirm that the Credible Witness personally knows the Client; and … The Credible Witness should swear or affirm that the Client is the same person whose name appears in the document in question (i.e., the document that the Client will be signing or acknowledging and that requires notarization)” (NH).
What happens to the Credible Witness’s sworn statement post-notarization? … After notarizing the Credible Witness’s signed sworn statement, the Notary may opt to keep a copy but is not required to do so. The Client may wish to keep it and/or attach the statement to the primary notarized document” (NH).
See “Certificate of Notarial Act,” below for a sample credible witness verification on oath or affirmation statement.Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (CRS 24-21-507[3]).
Digital Personal Identification: Executive Order B 2019 013 issued by Colorado Governor Jared Polis on October 30, 2019 authorized Colorado Digital IDs to be accepted as legal in the state. A digital Colorado driver license and state identification may be accessed using the MyColorado app on an iOS (Apple) or Android mobile device. A Colorado Digital ID is an electronic alternative to these physical IDs, although the executive order urges Coloradans to continue to carry their physical driver license or identification card as a backup. The state will be working with federal agencies to ensure Colorado Digital IDs are REAL ID compliant and acceptable to the Transportation Security Administration (for the purpose of travel across the U.S. and worldwide).
Remote Notarial Acts
Definitions
“Remote presentation” means transmission to the notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the notary public to:
”(I) Identify the remotely located individual seeking the notary public’s services; and
”(II) Perform credential analysis” (CRS 24-21-514.5[1][e]).“'Credential' means a tangible record evidencing the identity of an individual” (CRS 24-21-502[1.7]).
“'Credential analysis' means a process or service that complies with any rules adopted by the secretary of state through which a third party affirms the validity of a government-issued identification credential through the review of public or proprietary data sources” (CRS 24-21-514.5[1][a]).
“'Dynamic, knowledge-based authentication assessment' means an identity assessment that is based on a set of questions formulated from public or private data sources for which the remotely located individual taking the assessment has not previously provided an answer and that meets any rules adopted by the secretary of state” (CRS 24-21-514.5[1][b]).
“'Public key certificate' means an electronic credential that is used to identify a remotely located individual who signed an electronic record with the credential” (CRS 24-21-514.5[1][d]).
Requirement: “A notary public shall determine from personal knowledge or satisfactory evidence of identity as described in subsection (6)(b) of this section that the remotely located individual appearing before the notary public by means of audio-video communication is the individual that he or she purports to be” (CRS 34-21-514.5[6][a]).
Satisfactory Evidence for Remotely Located Individual: “A notary public has satisfactory evidence of identity if the notary public can identify the remotely located individual who personally appears before the notary public by means of audio-video communication by using at least one of the following methods:
”(I) The oath or affirmation of a credible witness who personally knows the remotely located individual, is personally known to the notary public, and is in the physical presence of the notary public or the remotely located individual during the remote notarization;
”(II) Remote presentation and credential analysis of a government-issued identification credential, and the data contained on the credential, that contains the signature and a photograph of the remotely located individual, and at least one of the following:
”(A) A dynamic, knowledge-based authentication assessment by a trusted third party that complies with rules adopted by the secretary of state;
”(B) A valid public key certificate that complies with rules adopted by the secretary of state; or
”(C) An identity verification by a trusted third party that complies with rules adopted by the secretary of state; or
”(III) Any other method that complies with rules adopted by the secretary of state” (CRS 34-21-514.5[6][b]).
Refusal of Services
Specific Grounds
Competence: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … [t]he individual executing the record is competent or has the capacity to execute the record…” (CRS 24-21-508[1][a]).
“Regardless of which notarial act, or duty, a notary is performing, the notary has a duty to check that his/her client has basic comprehension of the document being signed. If a client is, for example, obviously drunk or drugged or otherwise disoriented, or too ill to communicate or know what is happening, or too young to understand the transaction at all, a notary should not perform the notarization. Such a client cannot meaningfully acknowledge a document or execute it as his/her own act and deed. Please note, while it is the ethical duty of the notary to make sure the client is capable of understanding what s/he is signing, it is not a duty that is codified in law. This assessment can be made in the course of a brief discussion of the transaction, by asking the client about the transaction, or just by asking if the client understands what the document is and whether s/he agrees with it” (NH).Willingness: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … [t]he individual’s signature is knowingly and voluntarily made” (CRS 24-21-508[1][b]).
General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this part 5” (CRS 24-21-508[2]).
Signature by Proxy
“If an individual is physically unable to sign a record, the individual may, in the presence of the notarial officer, direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert ‘signature affixed by (name of other individual) at the direction of (name of individual)’ or words of similar import under or near the signature” (CRS 24-21-509[1]).
Reasonable Accommodations
“A notary public may use signals or electronic or mechanical means to take an acknowledgment from, administer an oath or affirmation to, or otherwise communicate with any individual in the presence of the notary public when it appears that the individual is unable to communicate verbally or in writing” (CRS 24-21-509[2]).
Use of Interpreters
Authorization: “If a notarial officer and an individual for whom a notarial act is to be performed do not communicate in the same language, an interpreter who communicates in a language in common with both the notarial officer and the individual may be used to facilitate the notarial act” (CRS 24-21-514.7[1]).
Appearance and Identification of Interpreter: “An interpreter shall appear personally, as defined in section 24-21-506 (2), before the notarial officer. An interpreter appearing personally before the notarial officer shall be identified pursuant to section 24-21-507 or, if appearing personally by means of real-time audio-video communication, pursuant to section 24-21-514.5” (CRS 24-21-514.7[2]).
“Interpreters must personally appear for the notarization; the signer can’t use an over-the-phone interpreter service, or a translator app. For a paper or electronic notarization, the interpreter must be in the same room with the notary and signer. For remote notarizations, the interpreter must appear in real-time over audio-video technology using the same approved remote notary provider as is being used for the notarization” (NH).Disqualifications: “An interpreter shall not provide interpreter services when the interpreter has a disqualifying interest in the transaction. For the purposes of this subsection (3), an interpreter has a disqualifying interest in a transaction if:
“(i) The interpreter or the interpreter’s spouse, partner in a civil union, ancestor, descendent, or sibling is a party to or is named in the record that is to be notarized; or
“(ii) The interpreter or the interpreter’s spouse or partner in a civil union may receive directly and as a proximate result of the notarization any advantage, right, title, interest, cash, or property. This subsection (3)(a)(ii) does not apply to a reasonable fee received by the interpreter for providing interpreter services” (CRS 24-21-514.7[3][a]).
“Examples of people that cannot interpret for the notarization include real estate agents for closing documents and family members of the signer in any situation” (NH).Representations as Factual: “A notarial officer may rely on representations made by the interpreter on behalf of the individual for whom the notarial act is performed as factual” (CRS 24-21-514.7[1]).
Notarial Officer Not Liable: Any errors in interpretation are not attributable to the notarial officer, and the notarial officer is not liable in any disputes arising from such errors” (CRS 24-21-514.7[1]).
“If a notarial officer does not communicate in the same language as the individual executing the record with respect to which the notarial officer is performing a notarial act, the notarial officer is not liable in any legal action regarding a dispute that directly results from an error in interpretation” (CRS 24-21-514.7[4][a]).Refusal of Notarial Act: “Nothing in this section limits a notarial officer’s authority to refuse to perform a notarial act as set forth in section 24-21-508” (CRS 24-21-514.7[5]).
Journal Entry: “An entry in a journal must … contain … [t]he full name and address of any interpreter who provided interpreter services to facilitate the notarial act … [and] [t]he certification or credential number of any interpreter who provided interpreter services to facilitate the notarial act” (CRS 24-21-519[3][g]-[h]).
Remote Notarial Certificate: “In addition to complying with the requirements of section 24-21-515, the certificate of notarial act for a remote notarization that was performed using an interpreter must indicate that the notarial act was performed using an interpreter and include the name and credential or certification number, if any, of the interpreter” (CRS 24-21-514.7[6]).
“If a notary uses an Interpreter during a remote notarization, the certificate must indicate that the notarial act was performed using an interpreter and include the name and credential or certification number, if any, of the interpreter. However, it is recommended that a notary include this information in all notarial certificates where an interpreter is used, even if it is not a remote notarization” (NH).Interpreters for Deaf, Hard of Hearing, Deafblind: “In accordance with section 6-1-707(1)(e)(I), C.R.S., an interpreter for deaf, hard of hearing, or deafblind individuals must hold either:
“(a) A valid certification issued by the registry of Interpreters for the Deaf, Inc. or a successor entity; or
“(b) A valid certification for sign language interpretation approved by the Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind” (8 CCR 1505-11, Rule 2.3.2).
Disqualifying Interest
Definition: For the purposes of this section, a notarial officer has a disqualifying interest in a record if:
“(a) The officer or the officer’s spouse, partner in a civil union, ancestor, descendent, or sibling is a party to or is named in the record that is to be notarized; or
“(b) The officer or the officer’s spouse or partner in a civil union may receive directly, and as a proximate result of the notarization, any advantage, right, title, interest, cash, or property exceeding in value the sum of any fee properly received in accordance with this part 5” (CRS 24-21-504[2]).Personal, Spouse or Partner: “A notarial officer shall not perform a notarial act with respect to a record in which the officer has a disqualifying interest” (CRS 24-21-504[1]).
Notarial Act Voidable: If a Notary performs a notarial act when the Notary is disqualified under CRS 24-21-501, the notarial act is voidable under (CRS 24-21-504[3]).
Notary and Witness: One of the disqualifications under CRS 24-21-504(2)(a) is the notarial officer being “named in the record to be notarized.” If, for example, the notarial officer is asked to notarize a real property deed that under the laws of certain states must also contain the signature or signatures of witnesses, and the notarial officer is asked to sign as a witness, the disqualification would apply. The notarial officer cannot be named in the document and notarize the same document.
Savings and Loan Association: “A notary public or other public officer qualified to take acknowledgments or proof of written instruments shall not be disqualified from taking the acknowledgment or proof of an instrument in writing in which a savings and loan association is interested by reason of the notary public’s or other public officer’s employment by, or the notary public or other public officer being a member or officer of, the savings and loan association interested in the instrument” (CRS 11-41-128).
Unauthorized Practice of Law
No Authority: “A commission as a notary public does not authorize an individual to:
“(a) Assist persons in drafting legal records, give legal advice, or otherwise practice law;
“(b) Act as an immigration consultant or an expert on immigration matters;
“(c) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or
“(d) Receive compensation for performing any of the activities listed in this subsection (1)” (CRS 24-21-525[1]).Selecting Notarial Act: “A notary does not decide which notarial act to perform for a particular document. A smart notary asks the client which notarial act is being requested. The client, may not know either, but should know who wanted the document notarized in the first place, or who the intended recipient is. From that person or entity, the client can find out which notarial act is required.
“Why shouldn’t the notary make this determination?
“1. This is not a responsibility assigned to the notary by law. Remember that the notary’s function is that of a disinterested witness.
“2. This is not a responsibility the notary wants. It creates liabilities a notary should not take assume. There are situations in which the wrong notarization could render the document useless for its intended purpose. The notary should not be the one whose wrong decision delayed a client’s transaction or forced a client to re-execute a document.
“3. This is a decision that may have legal implications—notaries who are not lawyers should not feel free to adopt “lawyer-like” responsibilities. To do so would be the unauthorized practice of law” (NH).Unauthorized Legal Statements: “The document will be rejected [for an apostille or authentication] when the notary has exceeded his or her statutory authority, such as engaging in the unauthorized practice of law” (website, “Apostilles and Authentications – Common reasons for rejection).
Certain Powers of Attorney: “In some power of attorney documents, the notary may have exceeded their statutory authority, such as engaging in the unauthorized practice of law. Our office receives authentication requests for notarized POAs intended for use in foreign countries per an international agreement. These POAs frequently contain legal conclusions by the notary, including statements about the legal capacities of the parties involved. Some POAs indicate that the notary has read and explained the legal meaning of the document to the grantor. Unless the notary is also an attorney licensed to practice law in Colorado, notarizing these types of documents constitutes the unauthorized practice of law” (website, “Apostilles and Authentications – Common reasons for rejection).
Foreign-Language Documents
According to the Secretary of State, Notaries may notarize a document that is drafted in a foreign language. “Although the document may be in another language, the notary’s statement must be in English” (website, “Apostilles or authentications – General Information”).
False or Deceptive Advertising
General Prohibition: “A notary public may not engage in false or deceptive advertising” (CRS 24-21-525[2]).
‘Notario Publico’: “A notary public, other than an attorney licensed to practice law in this state, shall not use the term ‘notario’ or ‘notario publico’” (CRS 24-21-525[3]).
Prohibited Representation: “A notary public, other than an attorney licensed to practice law in this state, shall not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law” (CRS 24-21-525[4]).
Mandatory Notice: “If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: ‘I am not an attorney licensed to practice law in the state of Colorado and I may not give legal advice or accept fees for legal advice. I am not an immigration consultant, nor am I an expert on immigration matters. If you suspect fraud, you may contact the Colorado attorney general’s office or the Colorado supreme court.’ If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection (4) because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (CRS 24-21-525[4]).
Deceptive Trade Practice: “A notary public, other than an attorney licensed to practice law in this state, shall not engage in conduct that constitutes a deceptive trade practice pursuant to section 6-1-727” (CRS 24-21-525[5]).
In-Person Electronic Notarial Acts
Applicable Law
Uniform Electronic Transactions Act: Colorado has adopted the Uniform Electronic Transactions Act, including the provision on notarization and acknowledgment (CRS 24-71.3-111): “If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.”
Revised Uniform Law on Notarial Acts: Effective July 1, 2018, Colorado adopted the Revised Uniform Law on Notarial Acts and implemented regulations in the Code of Colorado Regulations, thereby putting in place provisions enabling the performance of notarial acts with respect to electronic records. The provisions of the Act are summarized below.
Uniform Electronic Estate Planning Documents Act: Effective January 1, 2025, Colorado enacted the Uniform Electronic Estate Planning Documents Act (UEEPDA), authorizing non-testamentary estate planning documents, as defined, to be signed and if necessary, notarized with electronic signatures: “If another law of this state requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied with respect to an electronic non-testamentary estate planning document if an individual authorized to perform the notarization, acknowledgment, verification, or oath attaches or logically associates the individual's electronic signature on the document together with all other information required to be included under the other law” (CRS 15-24-206)
Colorado Code of Regulations: Rules regulating electronic notarization are in the Code of Colorado Regulations’ “Rules Concerning Electronic Notarization” (8 CCR 1505-11) and are summarized below.
Technology Systems
Approval of System Providers: Not required.
List of System Providers: Not provided.
Tamper-Evident Technology
Selection by Notary: “A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected” (CRS 24-21-520[1]).
Standards: “If the secretary of state has established standards for approval of technology pursuant to section 24-21-527, the technology must conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology” (CRS 24-21-520[2]).
Technology Neutrality: “The secretary of state may adopt rules to implement this part 5 in accordance with article 4 of this title 24. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification” (CRS 24-21-527).
All Notary Laws Apply: “[E]lectronic notarization does not change a notary’s basic duties, functions, and responsibilities. The requirements of law discussed above are not waived or altered when a notary uses an electronic signature. A notary must still be in a client’s presence, identify the client, and administer an oath to, or take an acknowledgment from, that client” (NH).
Personal Appearance: “The signer must be in the physical presence of the notary to affirm, swear to, or acknowledge the document being notarized electronically. Electronic notarization is different from remote notarization” (website, “Notary Public FAQs – Electronic notary information”).
Signer’s Electronic Signature: “A notary must verify that the document signer has adopted an electronic signature to function as his or her signature before electronically notarizing a document” (8 CCR 1505-11, Rule 2.2.3).
Document Authentication Number (DAN): “In every instance, the electronic signature of a notary public must contain or be accompanied by … a document authentication number issued by the secretary of state…” (CRS 24-21-502[3]).
Definition: “‘DAN’ means the unique document authentication number issued by the Secretary of State and required … for electronic notarizations” (8 CCR 1505-11, Rule 1.4).
Requirements: “A notary may choose to either use a DAN as the notary’s electronic signature or adopt a different electronic signature which the notary must always use in conjunction with a DAN” (8 CCR 1505-11, Rule 2.2.1).
“A notary must:
“(a) Use a different DAN for each electronic notarization;
“(b) Take reasonable measures to secure assigned DANs against another person’s access or use and must not permit such access or use; and
“(c) Request new DANs to replace lost or stolen DANs after notifying the Secretary in the same manner as for a journal or seal” (8 CCR 1505-11, Rule 2.2.2).
“What should I do if I lose control of a DAN? — Log in to your account to void the specific lost DANs. Select “Manage my numbers” from the eNotary section on your Summary page. Then, select the batch of DANs you need to void. Select the checkbox next to the DAN and then select ‘Void numbers’' (website, Notary Public FAQs – Electronic notary information”).
Maximum Fees: For the maximum fees that a Notary may charge to notarize an electronic record, see “Fees for Notarial Acts,” below.