§ 41-317 — Resignation; delivering notary seal, notarial journal and records; failure to comply; storing records; certified copies

A. A notary public shall submit the notary public's resignation in writing to the secretary of state.

B. On the resignation or revocation of a notarial commission or the death of a notary public, any physical stamping device, notarial journal and records, except those records of notarial acts that are not public record, shall be delivered by certified mail or other means providing a receipt to the secretary of state. If a notary public does not apply for reappointment, on expiration of the notarial commission, the device, the notarial journal and records shall be delivered to the secretary of state as required for resignation under this subsection. A notary public who neglects for three months thereafter to deposit such records, device and papers, or the personal representative of a deceased notary public who neglects for three months after appointment to deposit such records, device and papers, shall forfeit to the state not less than $50 or more than $500.

C. While a notary public is commissioned, a notary public shall keep all records and journals of the notary public's acts for at least five years after the date the notarial act was performed. On receipt of the records and journals from a notary public who no longer is commissioned, the secretary of state shall keep all records and journals of notaries public deposited in the secretary of state's office for five years and shall give certified copies thereof when required, and for the copy certifications the secretary of state shall receive the same fees as are by law allowed to notaries public. The copy certifications shall be as valid and effectual as if given by a notary public.