Minnesota - U.S. Notary Reference



Last Update: April 17, 2025

Notary Jurisdiction

Statewide (MS 359.04).

Notary Term Length

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

Notary Bond

Not required.

Notary Seal

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

Notary Journal

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

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Commissioning Official

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

Regulating Official

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

Contact Information

1. Secretary of State

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

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

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

2. Department of Commerce

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

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

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

Laws, Rules and Guidelines

1. Laws: Most Notary laws are in the Minnesota Statutes (MS):

   1. Chapter 358, “Seals, Oaths, Acknowledgments” which includes the Revised Uniform Law on Notarial Acts;

   2. Chapter 359, “Notaries Public”.

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

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Commission Process

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

2. Course: Not required.

3. Exam: Not required.

4. Application

   1. Paper Form: Applicants applying for a commission for the first time must download from the Secretary of State’s website, complete, and mail a completed paper application and fee to the Secretary of State.

   2. Qualifying Questions

      1. Four Questions: Applicants must answer four questions on the application about past criminal, civil or disciplinary actions. However, an applicant need not answer “yes” to any of the questions due to an event or events that occurred prior to the last approved application to be a Notary and after having submitted the supporting documentation. If an event or event took place after submitting the prior application, a question must be answered “yes” and supporting documentation must be provided.

      2. Criminal Background Check Form: The application must be supplemented by a “Criminal Background Check Form” if the applicant answers “yes” to any of four questions on the application about past criminal, civil or disciplinary actions against the applicant. However, an applicant need not answer “yes” to any of the questions due to an event or events that occurred prior to the last approved application to be a Notary and after having submitted the supporting documentation. If an event or event took place after submitting the prior application, a question must be answered “yes” and supporting documentation must be provided (website, “Notary Commission Application” form).

   3. Fee: The nonrefundable application fee is $120 (MS 359.01, Subd. 3).

   4. Oath: The oath of office appears at the end of the application prior to where the applicant signs and dates the application.

5. Background Screening: Not required (but see “Criminal Background Check Form” under Qualifying Questions, above).

6. Commission Certificate: “Once your new commission, reappointment, renewal or name change has been approved by the Secretary of State your commission certificate will be sent by US mail to your residential address” (website, “Become a Notary”).

7. Recording Commission

   1. Requirement: After commissioning or renewal, the commission of every resident Notary must be “recorded in the office of the local registrar of the notary’s county of residence” (MS 359.061, Subd. 1). In the case of a nonresident Notary, the commission “must be recorded in the Minnesota county the notary designates …” (MS 359.061, Subd. 2).

   2. Sample Signatures: At the time of registration, the applicant must submit two sample signatures – one that includes the full name of the applicant and the “normal” signature the applicant will use when notarizing documents (website, "Notary Commission Guide").

   3. Fee: The fee for county registration of the commission is $20 (MS 357.021, Subd. 2[12]).

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

9. Reappointment

   1. Expiration Date: All commissions expire on January 31 of the fifth year following the year the commission was issued.

   2. Time Filing Window: Renewal applications may be filed up to six months before commission expiration (MS 359.02). Notaries may begin the renewal process any time after August 1 of the year before their commission expires.

   3. Mailed or Online Filing: Those renewing an unexpired Notary commission may file their application either by mail or online using a credit card to pay the application fee (website, “Existing Notaries”).

   4. Expired Commission: If a Notary’s commission has expired, the individual must complete a Notary application form and mail it to the Secretary of State, along with the $120 fee (website, “Notary Help” > “Reappointment after Your Commission Expires”).

10. No Immunity of Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees” MS 359.01, Subd. 6).

Registration to Perform In-Person Electronic and Remote Notarial Acts

1. In-Person Electronic Notarial Acts

   1. Requirement: “Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall satisfy the requirements of [MS] section 359.01, Subd. 5, and shall notify the commissioning officer or agency that the notary public will be performing notarial acts with respect to electronic records” (MS 358.69, Subd. 2).
      “Before performing electronic notarial acts, a notary public shall register the capability to notarize electronically with the secretary of state. Unless terminated for any reason, the term of registration to perform electronic notarial acts begins on the registration starting date set by the secretary of state and continues as long as the notary public has a valid commission to perform notarial acts” (MS 359.01, Subd. 5).

   2. Only Notaries Public: The statute specifically states that the requirements of MS Chapter 358 related to the performance of in-person electronic notarial acts do not apply to judges, clerks, deputy clerks and peace officers licensed under MS 626.845 for the purpose of administering oaths upon information submitted to establish probable cause to any judge or judicial officer under the Rules of Criminal Procedure.

   3. Notary Commission Required: “To apply for e-Notarization, applicants must be currently registered as an active Minnesota Notary and have the capability to notarize electronically before requesting authorization to perform electronic notarizations” (website, “Notary Help” > “E-Notarization Authorization”).

   4. E-Notarization Authorization Certificate: Upon acceptance of the application, the Secretary of State will issue the Notary an “E-Notarization Authorization Certificate.” If the Notary subsequently changes county of residence or renews the commission or if the commission expires, reregistration is required (website, “eNotarization Authorization” form).

2. Remote Notarial Acts

   1. Requirement: “A notary public commissioned in this state may apply for remote online notarization registration according to this section. Before a notary performs a remote online notarization, the notary must register the capability to perform notarial acts pursuant to section 358.645 with the secretary of state and must certify that the notary intends to use communication technology that conforms to this section” (MS 358.645, Subd. 2[b]).

   2. Registration Term: “Unless terminated under this section, the term of registration to perform remote online notarial acts begins on the registration starting date set by the secretary of state and continues as long as the notary public’s current commission to perform notarial acts remains valid” (MS 358.645, Subd. 2[c]).

   3. Record of Registration: “Upon the applicant’s fulfillment of the requirements for remote online notarization registration under this section, the secretary of state shall record the registration under the applicant’s notary public commission number” (MS 358.645, Subd. 2[d]).

   4. Rejection if Registration: “The secretary of state may reject a registration application if the applicant fails to comply with [MS 358.645, Subd. 2] paragraphs (a) to (d). The commissioner of commerce may revoke a registration if the applicant fails to comply with [MS 358.645] Subd. 2 to 6” (MS 358.645, Subd. 2[e]).

Online Search

Requirement: The secretary of state shall maintain an electronic database of notaries public through which a person may verify the authority of a notary public to perform notarial acts, including notarial acts pursuant to section 358.645, and to perform notarial acts on electronic records” (MS 358.71).
Information on all Minnesota Notaries may be obtained online through the Secretary of State’s website (website, “Find a Notary”). Notaries can be searched by name, commission number, city, or county. Information provided includes full name, commission number, business, city, county, and status.
The Notary applicant’s name and address the Notary designates when he or she applies for a commission, is public information (website, “Notary Commission Application” form).

Jurisdiction

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

Term Length

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

Bond

Not required.

Changes of Status

1. Address Change

   1. Requirement: Any address change must be reported to the Secretary of State within 30 days of the change (MS 359.071).

   2. Mailed or Online Filing: An address change may be filed by mail using the “Notary Commission Application” form available on the website, or it may be done online (website, “Existing Notaries”). There is no fee for an address change. If the move is to a new county, the Notary must reregister the commission in the new county (website, “Notary Help” > “Notary Change of Name or Address”).

   3. Fee: There is no fee to report a change of address.

2. Name Change

   1. Requirement: Any name change must be reported to the Secretary of State within 30 days of the change (MS 359.071).

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

   3. Fee: There is no fee to report a change of address.

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

4. Remote Notary Termination: “(a) Except as provided by [MS 358.645, Subd. 8] paragraph (b), a remote online notary public whose registration terminates shall destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the online notary public’s official electronic signature or seal. The remote online notary public shall certify compliance with this paragraph to the secretary of state through the secretary of state’s online commission record.
   “(b) A former remote online notary public whose registration terminated for a reason other than revocation or a denial of renewal is not required to destroy the items described in [MS 358.645, Subd. 8] paragraph (a) if the former remote online notary public is reregistered as a remote online notary public with the same electronic signature and seal within three months after the former remote online notary public’s registration terminated” (MS 358.645, Subd. 8).

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Authorized Acts

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

   1. Take acknowledgments;

   2. Administer oaths and affirmations;

   3. Take verifications upon oath or affirmation;

   4. Take depositions;

   5. Witness or attest signatures;

   6. Certify or attest copies;

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

2. In-Person Electronic and Remote Notarial Acts: Minnesota Notaries who have notified the Secretary of State that they will be performing technology-based notarial acts may perform any of the notarial acts listed above electronically or remotely.

Acknowledgments

1. Definitions

   1. 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” (MS 358.52, Subd. 2).

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

2. Requirements

   1. 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 as set forth in [MS] section 358.57, that the individual appearing before the officer and making the acknowledgment has the identity claimed….” (MS 358.55, Subd. 1; see also 359.085, Subd. 1).

   2. 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” (MS 358.55, Subd. 1; see also 359.085, Subd. 1).

   3. Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (MS 358.52, Subd. 2):

      1. Signature: The individual must acknowledge that “the individual has signed a record for the purpose stated in the record….”

      2. 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.”

Oaths and Affirmations

1. Definition: "'Oath' includes ‘affirmation’ in all cases where by law an affirmation may be substituted for an oath; and in like cases ‘swear’ includes ‘affirm’ and ‘sworn’ ‘affirmed’" (MS 645.44, Subd. 6]).

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

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

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

Verifications upon Oath or Affirmation

1. Definition: “‘Verification upon oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (MS 358.52, Subd. 16).

2. Requirements

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

   2. Signature of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine … that the signature on the statement verified is the signature of the individual” (MS 358.55, Subd. 2; see also 359.085, Subd. 2).

   3. Oath/Affirmation: The certificate of notarial act for a verification on oath or affirmation reads, “Signed and sworn to (or affirmed) before me on _______________ (date) by _______________ (name[s] of individual[s] making statement)” (MS 358.66[a][3]). The notarial officer must administer an oath or affirmation to the principal.

Depositions

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

Signature Witnessings or Attestations

Requirements

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

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

Copy Certifications or Attestations

1. Requirements

   1. Full, True, and Accurate: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item” (MS 358.55, Subd. 4 and 359.085, Subd. 4).
      When “attesting to copies of documents … Notaries evaluate copied documents to determine that they are complete and correct reproductions of the original documents” (website, "Notary Commission Guide").

   2. Prohibited Documents: “Do not notarize if … the document is an original birth, death or marriage certificate. Certified copies [of these documents] should be obtained from the MN Department of Health or the county” (website, "Notary Commission Guide").

2. Paper Copy of Electronic Record

   1. Legality: “If a law requires as a condition for recording that a document be an original, be on paper or another tangible medium, be in writing, or be signed, the requirement is satisfied by a paper copy of an electronic document bearing an electronic signature that a notary public has certified to be a true and correct copy of a document that was originally in electronic form and bearing an electronic signature pursuant to [MS 358.646] paragraph (c)” (MS 385.646[a]).

   2. Requirements: “A notary public making the certification provided in [MS 385.646] shall:
      “(1) confirm that the electronic document contains an electronic signature that is capable of independent verification and renders any subsequent changes or modifications to the electronic document evident;
      “(2) personally print or supervise the printing of the electronic document onto paper; and
      “(3) not make any changes or modifications to the electronic document other than the certification described in [MS 358.646] paragraph (c)” (MS 358.646[f]).

   3. Exclusions: MS 358.646(i) excludes from paper printout copy certifications a a plat, map, or survey of real property if under another Minnesota law, if under a rule, regulation, or ordinance applicable to the office of the county recorder or the office of registrar of titles there are requirements of format or medium for the execution, creation, or recording of the plat, map, or survey beyond the requirements applicable to a deed to real property; or the plat, map, or survey must be recorded in a different location than a deed to real property.

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (MS 336.3-505).

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

Remote Notarial Act

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

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Personal Appearance

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

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

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

Identification

1. Notarial Acts

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

   2. Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (MS 358.57, Subd. 1).

   3. Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
      “(1) by means of:
      (i) a passport, driver’s license, or government-issued nondriver identification card that is currently valid; or
      (ii) another form of government identification issued to an individual that is currently valid, contains the individual’s signature or a photograph of the individual, and is satisfactory to the officer; or
      “(2) by a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license, or government-issued nondriver identification card that is current or expired not more than three years before performance of the notarial act” (MS 358.57, Subd. 2; see also MS 359.085, Subd. 6).

   4. Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (MS 358.57, Subd. 3).

2. Remote Notarial Acts

   1. Definitions

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

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

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

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

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

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

Refusal of Services

1. Specific Grounds

   1. Competence: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … the individual executing the record is competent or has the capacity to execute the record….” (MS 358.58, Subd. 1).
      “Assess whether each document signer is competent” (website, “Become a Notary”).

   2. Willingness: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … the individual’s signature is knowingly and voluntarily made” (MS 358.58, Subd. 1).
      “Verify a document signer’s willingness to sign the document…. Do not notarize if … the document signer or oath-taker appears unwilling or coerced” (website, "Notary Commission Guide").

   3. Other Specific Grounds
      “Do not notarize if:
      “● The document is an original birth, death or marriage certificate.
      “● You believe the document or transaction is deceptive or fraudulent.
      “● You do not have adequate time to carry out the notarial act properly.
      “● You believe doing so will violate the law governing notarial acts” (NPG).

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

Signers with Disabilities

1. Alternative Communication: “A notary public may use signals or electronic or mechanical means to take an acknowledgment from, administer an oath or affirmation to, or otherwise communicate with any individual in the presence of such notary public when it appears that the individual is unable to communicate verbally or in writing” (MS 359.091[b]).

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

Attorneys in Fact

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

Last Wills

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

Disqualifying Interest

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

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

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

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

Incomplete Documents

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

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

Undated Documents

“Can I notarize an undated document? — If there is a space for a date it should be filled in with the correct date or lined through by the document signer. If the document simply doesn’t have a date, it is acceptable to notarize it and record in your journal that the document has no date” (website, "Notary Help" > "Notary FAQ").

Faxed and Photocopied Signatures

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

Unauthorized Practice of Law

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

Advertisements

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

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

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

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

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: In 2000, Minnesota adopted the Uniform Electronic Transactions Act (MS 325L.01 through 325L.19), including the provision on notarization and acknowledgment, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (MS 325L.11).

   2. Uniform Real Property Electronic Recording Act: In 2008, the state enacted the Minnesota Real Property Electronic Recording Act (MS 507.0941 through 507.0949). The Act authorizes Notaries to use electronic signatures in notarizing such electronic land records: “(c) A requirement that a document or a signature associated with a document be attested, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (MS 507.0943[c]).

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

2. Tamper-Evident Technology

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

   2. 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” (MS 358.69, Subd. 1[a]).

3. Technology Systems

   1. Approval of System Providers: Not required.

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

4. Electronic Authentication Act

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

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

Remote Notarial Acts

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

2. Technology Systems

   1. Approval of System Providers: Not required. “Before a notary performs a remote online notarization, the notary must register the capability to perform notarial acts pursuant to section 358.645 with the secretary of state and must certify that the notary intends to use communication technology that conforms to this section” (MS 358.645, Subd. 2[b]).

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

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

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

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

6. Validity of Remote Acts: “The validity of a remote online notarization performed by an online notary public of this state according to this chapter shall be governed by the laws of this state” (MS 358.645, Subd. 3[b]).

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

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

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

Withholding Records

“Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public” (MS 358.72, Subd. 5).

Privacy of Signer

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

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Certificate Requirements

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

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

Certificate Forms

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