§ 24-21-515 — Certificate of notarial act

(1) A notarial act must be evidenced
by a certificate. The certificate must:

(a) Be executed contemporaneously with the performance of the notarial
act;

(b) 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 secretary of state;

(c) Identify the county and state in which the notarial act is performed; and

(d) Contain the title of office of the notarial officer.

(e) Repealed.

(2) If a notarial act regarding a tangible record is performed by a notary
public, an official stamp must be affixed to the certificate. If a notarial act is
performed regarding a tangible record by a notarial officer other than a notary
public and the certificate contains the information specified in subsections (1)(b),
(1)(c), and (1)(d) of this section, an official stamp may be affixed to the certificate. If
a notarial act regarding an electronic record is performed by a notarial officer and
the certificate contains the information specified in subsections (1)(b), (1)(c), and
(1)(d) of this section, an official stamp may be attached to or logically associated
with the certificate.

(3) A certificate of a notarial act is sufficient if it meets the requirements of
subsections (1) and (2) of this section and:

(a) Is in a short form set forth in section 24-21-516;

(b) Is in a form otherwise permitted by the law of this state;

(c) Is in a form permitted by the law applicable in the jurisdiction in which the
notarial act was performed; or

(d) Sets forth actions of the notarial officer that are sufficient to meet the
requirements of the notarial act as provided in sections 24-21-505, 24-21-506, and
24-21-507 and, if applicable, section 24-21-514.5 or law of this state other than this
part 5.

(4) By executing a certificate of a notarial act, a notarial officer certifies that
the officer has complied with the requirements and made the determinations
specified in sections 24-21-504, 24-21-505, and 24-21-506 and, if applicable,
section 24-21-514.5.

(5) A notarial officer shall not affix the officer's signature to, or logically
associate it with, a certificate until the notarial act has been performed.

(6) If a notarial act is performed regarding a tangible record, a certificate
must be part of, or securely attached to, the record. If a notarial act is performed
regarding an electronic record, the certificate must be affixed to, or logically
associated with, the electronic record. If the secretary of state has established
standards pursuant to section 24-21-527 for attaching, affixing, or logically
associating the certificate, the process must conform to the standards.

Legislative History

Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 794, � 2, effective July 1, 2018. L. 2020: (3)(d) and (4) amended, (SB 20-096), ch. 130, p. 565, � 5, effective December 31. L. 2023: (1)(c) and (1)(d) amended and (1)(e) repealed, (SB 23-153), ch. 212, p. 1099, � 3, effective September 1.