8 Colo. Code Regs. § 1505-11-2

Current through Register Vol. 47, No. 22, November 25, 2024

Rule 8 CCR 1505-11-2 - Notary Commissions

2.1 Filing and training requirements

2.1.1 An applicant must put his or her legal name on applications and renewals. The first and last name must match the name on the applicant's government-issued identification. If the last name on the identification contains more than one name, the applicant must include all of those names in the last name field on the application and not abbreviate any part.

2.1.2 All notary filings must be submitted via the Secretary of State's online electronic filing system.

2.1.3 No more than 90 days before applying for a commission, a new applicant must successfully complete training and pass the exam administered by the Secretary of State.

2.1.4 No more than 90 days before renewing a commission, a notary must successfully complete the renewal training and pass the exam administered by the Secretary of State.

2.1.5 The Secretary of State will grant credit only for completion of courses offered by an approved vendor, an approved course provider, or the Secretary of State.

2.1.6 The Secretary of State may require a notary who has committed misconduct meriting a disciplinary proceeding to retake and successfully complete the training and exam.

2.1.7 Examination. The Secretary of State's open book examination will test the applicant's understanding of notary duties contained in the following:

(a) Title 24, Article 21, Part 5 (Revised Uniform Law on Notarial Acts) of the Colorado Revised Statutes;

(b) Title 38, Article 30 (Titles and Interests) of the Colorado Revised Statutes;

(c) Title 1, Article 40 (Initiative and Referendum) of the Colorado Revised Statutes; and

(d) The Official Notary Handbook published by the Secretary of State.

2.2 Electronic notarization

2.2.1 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. 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. If the applicant intends to use a different electronic signature than a DAN, 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. A notary must notify the Secretary of State of all electronic signature changes.

2.2.2 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.

2.2.3 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.

2.2.4 Expiration of the Secretary of State's approval to notarize electronically

(a) 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 expiration or revocation of the technology described in the notification.

(b) If approval expires, the notary or the notary's authorized representative must destroy all electronic notarization software and unused DANs 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.

2.3 Communication

2.3.1 A notary public must be able to communicate with, be understood by, and understand the individual for whom the notary public is performing a notarial act.

2.3.2 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.

2.4 Itemization of charges

2.4.1 If a notary public charges for performing the notarial act, or charges for any additional service provided at the time of performing the notarial act, the notary public must:

(a) Inform the customer, verbally or in writing, of those charges before performing the notarial act; and

(b) Provide to the customer, either before performing the notarial act, or at the time of signing, or immediately thereafter, a written document that lists the specific fee or fees charged for any notarial acts performed by the notary, or a zero charge if no fee for the notarial act is being charged, as well as any other fees the notary public is charging at the same time. This listing of fees may be included in a closing statement, itemized invoice, receipt, transaction summary, or any other similar document that lists the fee charged for the notarial acts.

2.4.2 If a notary public fails to provide a document listed in Rule 2.4.1(b) that itemizes the amount of the specific charge for any notarial act, the amount charged for those notarial acts will be presumed to exceed the statutory fee limit in section 24-21-529, C.R.S.

2.4.3 Rules 2.4.1 and 2.4.2 do not apply to notarial acts performed by an employee of a title company as part of services provided by the title company in conjunction with the business of title insurance, as defined in section 10-11-102(3), C.R.S., or closing and settlement services, as defined in section 10-11-102 (3.5), C.R.S., or settlement services, as defined in section 10-11-102 (6.7), C.R.S.

8 CCR 1505-11-2

37 CR 21, November 10,2014, effective 11/30/2014

41 CR 11, June 10, 2018, effective 7/1/2018

44 CR 01, January 10, 2021, effective 1/30/2021

45 CR 04, February 25, 2022, effective 3/17/2022

45 CR 15, August 10, 2022, effective 7/1/2022

45 CR 18, September 25, 2022, effective 10/15/2022

46 CR 15, August 10, 2023, effective 9/1/2023

47 CR 07, April 10, 2024, effective 4/30/2024