§ 24-21-514 — Foreign notarial act

(1) In this section, foreign state means a
government other than the United States, a state, or a federally recognized Indian
tribe.

(2) If a notarial act is performed under authority and in the jurisdiction of a
foreign state or constituent unit of the foreign state or is performed under the
authority of a multinational or international governmental organization, the act has
the same effect under the law of this state as if performed by a notarial officer of
this state.

(3) If the title of office and indication of authority to perform notarial acts in
a foreign state appears in a digest of foreign law or in a list customarily used as a
source for that information, the authority of an officer with that title to perform
notarial acts is conclusively established.

(4) The signature and official stamp of an individual holding an office
described in subsection (3) of this section are prima facie evidence that the
signature is genuine and the individual holds the designated title.

(5) An apostille in the form prescribed by the Hague Convention of October
5, 1961, and issued by a foreign state party to the convention conclusively
establishes that the signature of the notarial officer is genuine and that the officer
holds the indicated office.

(6) A consular authentication issued by an individual designated by the
United States department of state as a notarizing officer for performing notarial
acts overseas and attached to the record with respect to which the notarial act is
performed conclusively establishes that the signature of the notarial officer is
genuine and that the officer holds the indicated office.

Legislative History

Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 793, � 2, effective July 1, 2018.