NOTARY REQUIREMENT CHANGES EFFECTIVE JULY 1ST, 2009

Note that there is an alert from the Secretary of State’s office regarding a potentially misleading notary training provider” named The State Notary Commission. This organization is neither affiliated with nor endorsed by The Colorado Secretary of State’s Office.  Other training providers are listed by the state at the following:  http://www.sos.state.co.us/pubs/notary/notary_training.htm

The Colorado Notaries Public Act was due for “sunset” review by the Department of Regulatory Agencies in 2008.  Through this process various acts and agencies are reviewed for effectiveness to determine whether they should be re-authorized.  Senate Bill 111 of the last legislative session re-authorizes and extends the Colorado Notaries Public Act through 2018, and enacted the following key changes:

  • The major change is that the recordkeeping/journal now must include “every notarial act” whereas previously it only needed to include “every acknowledgement…to an instrument affecting the title to real property”. 
  • The other changes mainly affect new applicants who must now verify “lawful presence” and/or will depend upon future rulemaking.  The new law gives the Secretary of State’s office the power to issue letters of admonition or suspend instead of only being able to deny reappointment.  They also gave the Secretary of State the authority to pass rules to require notaries to complete a training program.  
  • Additionally, the new law repealed the authority to notarize photographs for motor vehicle offices, credit card companies, and other entities requiring an authenticated photograph of an individual.  The rules to do this had never been enacted, and the sunset report noted that the original purpose was no longer necessary and also that Colorado is the only state to have such a provision.

Fees were also increased on May 15, 2009, and are listed on Colorado Secretary of State’s (SOS) Notary home page:
http://www.sos.state.co.us/pubs/notary/notary_home.htm

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If you have questions on any legal or regulatory topic, please contact:

 

 
Colorado Automobile Dealers Association
 290 East Speer Boulevard Denver, CO  80203
 Telephone:  303.831.1722  |  Facsimile: 303.831.4205
 www.cadaonline.org