§ 24-21-527 — Rules - definitions

Colorado § 24-21-527

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Secretary of State - Department of State

Text

(1) The secretary of state may adopt rules to
implement this part 5 in accordance with article 4 of this title 24. Rules adopted
regarding the performance of notarial acts with respect to electronic records may
not require, or accord greater legal status or effect to, the implementation or
application of a specific technology or technical specification. The rules may:

(a) Prescribe the manner of performing notarial acts regarding tangible and
electronic records;

(b) Include provisions to ensure that any change to or tampering with a
record bearing a certificate of a notarial act is self-evident;

(c) Include provisions to ensure integrity in the creation, transmittal, storage,
or authentication of electronic records or signatures;

(d) Prescribe the process of granting, renewing, conditioning, denying,
suspending, or revoking a notary public commission and assuring the
trustworthiness of an individual holding a commission as notary public, including
rules for use of the electronic filing system;

(e) Include provisions to prevent fraud or mistake in the performance of
notarial acts;

(f) Provide for the administration of the examination under section 24-21-522
(1) and the course of study under section 24-21-522 (2);

(g) Prescribe the manner of performing notarial acts using audio-video
communication technology, including provisions to ensure the security, integrity,
and accessibility of records relating to those acts; and

(h) Prescribe requirements for the approval and use of remote notarization
systems and storage systems.

(2) In adopting, amending, or repealing rules about notarial acts with respect
to electronic records, the secretary of state shall consider, so far as is consistent
with this part 5:

(a) The most recent standards regarding electronic records promulgated by
national bodies, such as the National Association of Secretaries of State;

(b) Standards, practices, and customs of other jurisdictions that
substantially enact this part 5; and

(c) The views of governmental officials and entities and other interested
persons.

(3) (a) As used in this subsection (3):

(I) Interim period means the period beginning on March 30, 2020, and
ending on December 31, 2020.

(II) Temporary rule means rule 5 of the notary program rules as adopted by
the secretary of state effective March 30, 2020, and published at 8 CCR 1505-11,
and any analogous successor emergency rule of the notary program that authorizes
remote notarizations.

(b) and (c) Repealed.

(d) A notarial act performed during the interim period with respect to a
remotely located individual that complied with the temporary rule is not invalid due
to the lack of express statutory authority for the notarial act.

(e) and (f) Repealed.

Legislative History

Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 805, � 2, effective July 1, 2018. L. 2020: (1)(e) amended and (1)(g), (1)(h), and (3) added, (SB 20-096), ch. 130, p. 565, � 7, effective June 26.