Alaska Notary News
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
| 09.63.010 |
Section 1. AS 09.63.010 is amended
to read:
Sec. 09.63.010. Oath, affirmation, and acknowledgment. The following
persons may take an oath, affirmation, or acknowledgment in the
state:
(1) a justice, judge, or magistrate of a court of the State of
Alaska or of
the United States;
(2) a clerk or deputy clerk of a court of the State of Alaska
or of the
United States;
(3) a notary public;
(4) a United States postmaster;
(5) a commissioned officer under AS .63.050(4); [OR]
(6) a municipal clerk carrying out the clerk's duties under AS
29.20.380;
(7) the lieutenant governor when carrying out the lieutenant governor's
duties under AS 24.05.160;
(8) the presiding officer of each legislative house when carrying
out the officer's duties under AS 24.05.170. |
Sec. 09.63.010. Oath, affirmation,
and acknowledgment.
The following persons may take an oath, affirmation, or acknowledgment
in the state:
(1) a justice, judge, or magistrate of a court of the State
of Alaska or of the United States;
(2) a clerk or deputy clerk of a court of the State of Alaska
or of the United States;
(3) a notary public;
(4) a United States postmaster;
(5) a commissioned officer under AS 09.63.050 (4); or
(6) a municipal clerk carrying out the clerk's duties under
AS 29.20.380. |
Added subsections (7) and (8) authorizing
the Lieutenant Governor and the presiding officers of each legislative
house to take an oath, affirmation, or acknowledgment when carrying
out their official duties. |
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
| 09.63.030(c) |
Sec. 2. AS 09.63.030(c) is
amended to read:
(c) If the document is sworn to or affirmed before a notary public
of the state,
the notary public shall
(1) affix [ENDORSE AFTER THE SIGNATURE OF THE NOTARY
PUBLIC THE DATE OF EXPIRATION OF THE NOTARY'S COMMISSION;
(2) PRINT OR EMBOSS THE NOTARY'S SEAL] on the document the
(A) notary public's official signature and official seal; and
(B) date of expiration of the notary public's commission; and
(2) [; (3)] comply with AS 44.50.060 - 44.50.065 and [AS 44.50.060
-
44.50.080 OR] other applicable law. |
(c) If the document is sworn to or
affirmed before a notary public of the state, the notary public
shall
(1) endorse after the signature of the notary public the date
of expiration of the notary's commission;
(2) print or emboss the notary's seal on the document;
(3) comply with AS 44.50.060 - 44.50.080 or other applicable
law. |
Reworded to accommodate future electronic notarization procedures.
The old law was worded in such a manner as to preclude the use
of electronic signatures and notary seals.
The wording of the new law allows for the future use of electronic
signatures and notary seals. |
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
| 09.63.040(d) |
Sec. 3. AS 09.63.040(d) is
amended to read:
(d) If the verification is sworn to or affirmed before a notary
public of the
state, the notary public shall
(1) affix [ENDORSE AFTER THE SIGNATURE OF THE NOTARY
PUBLIC THE DATE OF EXPIRATION OF THE NOTARY'S COMMISSION;
(2) PRINT OR EMBOSS THE NOTARY'S SEAL] on the document the
(A) notary public's official signature and official seal; and
(B) date of expiration of the notary public's commission; and
(2) [; (3)] comply with AS 44.50.060 - 44.50.065 and [AS 44.50.060
-
44.50.080 OR] other applicable law. |
(d) If the verification is sworn to
or affirmed before a notary public of the state, the notary public
shall
(1) endorse after the signature of the notary public the date
of expiration of the notary's commission;
(2) print or emboss the notary's seal on the document;
(3) comply with AS 44.50.060 - 44.50.080 or other applicable
law. |
Reworded to accommodate future electronic
notarization procedures.
The old law was worded in such a manner as to preclude the use
of electronic signatures and notary seals.
The wording of the new law allows for the future use of electronic
signatures and notary seals. |
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
| 09.63.090 |
Sec. 4. AS 09.63.090 is amended to
read:
Sec. 09.63.090. Certificate of acknowledgment. The words
"acknowledged
before me" mean that
(1) the person acknowledging
(A) appeared before the person taking the acknowledgment;
(B) acknowledged that the person executed the instrument;
(C) in the case of
(i) a natural person, acknowledged that the person
09 executed the instrument for the purposes stated in it;
(ii) an officer or agent of a corporation, acknowledged that the
person held the position or title set out in the instrument and
certificate, acknowledged that the person signed the instrument
on behalf of the corporation by proper authority, and acknowledged
that the instrument was the act of the corporation for the purposes
stated in
it;
(iii) a member or manager of a limited liability
company, acknowledged that the individual signed the instrument
on behalf of the limited liability company by proper authority
and executed the instrument as the act of the limited liability
company
for the purposes stated in it;
(iv) a partner or agent of a partnership, limited
partnership, or limited liability partnership, acknowledged that
the person signed the instrument on behalf of the partnership
by proper authority and executed the instrument as the act of
the artnership for the purposes stated in it;
(v) [(iv)] a person acknowledging as a principal by an attorney
in fact, acknowledged that the person executed the instrument
by proper authority as the act of the principal for the purposes
stated in
it;
(vi) [(v)] a person acknowledging as a public officer, trustee,
administrator, guardian, or other representative, acknowledged
that the person signed the instrument in the capacity and for
the
purposes stated in it; and
(2) the person taking the acknowledgment either knew or had satisfactory
evidence that the person acknowledging is the person named in
the
instrument or certificate. |
Sec. 09.63.090. Certificate of acknowledgment.
The words "acknowledged before me" mean that
(1) the person acknowledging
(A) appeared before the person taking the acknowledgment;
(B) acknowledged that the person executed the instrument;
(C) in the case of
(i) a natural person, acknowledged that the person executed
the instrument for the purposes stated in it;
(ii) an officer or agent of a corporation, acknowledged that
the person held the position or title set out in the instrument
and certificate, signed the instrument on behalf of the corporation
by proper authority, and the instrument was the act of the corporation
for the purposes stated in it;
(iii) a partner or agent of a partnership, acknowledged that
the person signed the instrument on behalf of the partnership
by proper authority and executed the instrument as the act of
the partnership for the purposes stated in it;
(iv) a person acknowledging as a principal by an attorney in
fact, acknowledged that the person executed the instrument by
proper authority as the act of the principal for the purposes
stated in it;
(v) a person acknowledging as a public officer, trustee, administrator,
guardian, or other representative, acknowledged that the person
signed the instrument in the capacity and for the purposes stated
in it; and
(2) the person taking the acknowledgment either knew or had
satisfactory evidence that the person acknowledging is the person
named in the instrument or certificate.
|
(c)(ii)
Added phrase "acknowledged that the person" and "acknowledged
that" to further clarify the need for the signer to acknowledge
this information to the notary.
(c)(iii)
Added suggested certificate wording for Limited Liability Companies.
(c)(iv)
Added suggested certificate wording to include Limited Partnerships
and Limited Liability Partnerships.
|
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
| 09.63.100 |
Sec. 5. AS 09.63.100 is amended to
read:
Sec. 09.63.100. Forms of acknowledgment. (a) The forms
of
acknowledgment set out in this subsection may be used and are
sufficient for their
respective purposes under a law of the state. The authorization
of the forms in this
section does not preclude the use of other forms.
(1) For an individual acting in the individual's own right:
State of __________________
JudicialDistrict (or County of ________________________ or Municipality
of ___________________)
The foregoing instrument was acknowledged before me this
(date) by (name of person who acknowledged).
_________________________
Signature of Person Taking
Acknowledgment
_________________________
Title or Rank
_________________________
Serial Number, if any
(2) For a corporation:
State of _________________________
Judicial District (or County of ________________________ or Municipality
of ___________________)
The foregoing instrument was acknowledged before me this
(date) by (name of officer or agent, title of officer or agent)
of (name of
corporation acknowledging) a (state or place of incorporation)
corporation, on behalf of the corporation.
________________________
Signature of Person Taking
Acknowledgment
________________________
Title or Rank
________________________
Serial Number, if any
(3) For a limited liability company:
State of _________________
Judicial District (or County of __________________ or Municipality of
___________________)
The foregoing instrument was acknowledged before me this
(date) by (name of member or manager), member (or manager) of
(name of limited liability company acknowledging) a (state or
place
of organization) limited liability company, on behalf of the limited
liability company.
________________________
Signature of Person Taking
Acknowledgment
________________________
Member (or Manager)
________________________
Serial Number, if any
(4) For a partnership:
State of _________________
Judicial District (or County of ________________________ or Municipality
of ___________________)
The foregoing instrument was acknowledged before me this
(date) by (name of acknowledging partner or agent), partner (or
agent)
on behalf of (name of partnership), a (partnership, limited
partnership, or limited liability partnership).
_______________________
Signature of Person Taking
Acknowledgment
_______________________
Title or Rank
_______________________
Serial Number, if any
(5) [(4)] For an individual acting as principal by an attorney
in fact:
State of
_______________________
Judicial
District (or County of _______________________ or Municipality of _______________________)
The foregoing instrument was acknowledged before me this
(date) by (name of attorney in fact) as attorney in fact on behalf
of
(name of principal).
_______________________
Signature of Person Taking
Acknowledgment
_______________________
Title or Rank
_______________________
Serial Number, if any
(6) [(5)] By a public officer, trustee, or personal representative:
State of
_______________________
Judicial
District (or County of ________________________ or Municipality
of ___________________)
The foregoing instrument was acknowledged before me this
(date) by (name and title of position).
________________________
Signature of Person Taking
Acknowledgment
________________________
Title or Rank
________________________
Serial Number, if any
(b) If a document is acknowledged before a notary public of the
state, the
notary public shall
(1) affix [ENDORSE AFTER THE NOTARY'S SIGNATURE THE
DATE OF EXPIRATION OF THE NOTARY'S COMMISSION;
(2) PRINT OR EMBOSS THE NOTARY'S SEAL] on the document
the
(A) notary public's official signature and official seal; and
(B) date of expiration of the notary public's commission;
and
(2) [; (3)] comply with AS 44.50.060 - 44.50.065 and [AS 44.50.060
-
44.50.080 OR] other law. |
Sec. 09.63.100. Forms of acknowledgment.
(a) The forms of acknowledgment set out in this subsection
may be used and are sufficient for their respective purposes
under a law of the state. The authorization of the forms in
this section does not preclude the use of other forms.
(1) For an individual acting in the individual's own
right:
State of __________________________ Judicial District (or County of __________)
The foregoing instrument was acknowledged before me this (date)
by
(name of person who acknowledged).
____________________________
Signature of Person Taking
Acknowledgment
____________________________
Title or Rank
____________________________
Serial Number, if any
(2) For a corporation:
State of _____________________
Judicial District
(or County of __________)
The foregoing instrument was acknowledged before me this (date)
by
(name of officer or agent, title of officer or agent) of (name
of
corporation acknowledging) a (state or place of incorporation)
corporation, on behalf of the corporation.
__________________________
Signature of Person Taking
Acknowledgment
__________________________
Title or Rank
__________________________
Serial Number, if any
(3) For a partnership:
State of ______________________________ Judicial District
(or County of __________)
The foregoing instrument was acknowledged before me this (date)
by
(name of acknowledging partner or agent), partner (or agent)
on behalf
of (name of partnership), a partnership.
__________________________
Signature of Person Taking
Acknowledgment
__________________________
Title or Rank
__________________________
Serial Number, if any
(4) For an individual acting as principal by an attorney
in fact:
State of _________________________
Judicial District (or County of __________)
The foregoing instrument was acknowledged before me this (date)
by
(name of attorney in fact) as attorney in fact on behalf of
(name of
principal).
__________________________
Signature of Person Taking
Acknowledgment
__________________________
Title or Rank
__________________________
Serial Number, if any
(5) By a public officer, trustee, or personal representative:
State of ___________________
Judicial District (or County of __________)
The foregoing instrument was acknowledged before me this (date)
by
(name and title of position).
__________________________
Signature of Person Taking
Acknowledgment
__________________________
Title or Rank
__________________________
Serial Number, if any
(b) If a document is acknowledged before a notary public of
the state, the notary public shall
(1) endorse after the notary's signature the date of expiration
of the notary's commission;
(2) print or emboss the notary's seal on the document;
(3) comply with AS 44.50.060 - 44.50.080 or other law. |
09.63.100 (1)
09.63.100 (2)
09.63.100 (3)
Amended wording of suggested forms of acknowledgement to allow
for the inclusion of Municipalities in Venue designation.
09.63.100 (3)
Added wording for Limited Liability Companies to suggested forms
of acknowledgement.
09.63.100 (6)(b)(1)
Reworded to accommodate future electronic notarization procedures.
|
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
| 44.19.024 |
Sec. 6. AS 44.19.024 is amended to
read:
Sec. 44.19.024. Fees for issuing certificate. For issuing
each certificate with
the seal of the state affixed, the lieutenant governor shall collect
a fee of $5 for each
certificate [$2 FOR THE FIRST THREE FOLIOS OR LESS AND 20 CENTS
PER
FOLIO FOR EACH ADDITIONAL FOLIO. THE LIEUTENANT GOVERNOR
SHALL ACCOUNT FOR THE FEES RECEIVED UNDER THIS SECTION AND
SHALL PAY THEM INTO THE STATE TREASURY]. |
Sec. 44.19.024. Fees for issuing
certificate.
For issuing each certificate with the seal of the state affixed,
the lieutenant governor shall collect a fee of $2 for the first
three folios or less and 20 cents per folio for each additional
folio. The lieutenant governor shall account for the fees received
under this section and shall pay them into the state treasury. |
Fee for certificates issued by the Lieutenant Governor increased
to $5.00 per certificate.
This fee has not been increased since inception in 1961. |
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
| 44.50.010 |
Sec. 7. AS 44.50.010 is repealed
and reenacted to read:
Sec. 44.50.010. Notary public commission; term. (a) The
lieutenant
governor may commission for the state
(1) notaries public without limitation, who are authorized to
use the
notary seal for all legal purposes; and
(2) limited governmental notaries public, who are state, municipal,
or
federal employees authorized to use the notary seal only for official
government
business.
(b) The term of a notary public commission is four years, except
that the term
of a limited governmental notary public commission coincides with
the term of
government employment.
(c) A person who is a state, municipal, or federal employee commissioned
as a
limited governmental notary public may also be commissioned as
a notary public
without limitation. |
Sec. 44.50.010. Appointment and
commission.
The lieutenant governor may appoint and commission notaries
public for the state.
Sec. 44.50.030. Term of office.
The term of office of a notary public is four years from the
date of commission. |
State Employee notary commission program has been expanded
to also include Federal and Municipal government employees.
The term of the new Limited Governmental Notary Commission
is open ended (expires "with office.")
The term of the regular Notary commission remains unchanged
at four years. |
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
| 44.50.020 |
* Sec. 8. AS 44.50.020 is repealed
and reenacted to read:
Sec. 44.50.020. Qualifications. To be commissioned as a
notary public, a
person
(1) shall submit an application under AS 44.50.032;
(2) shall be at least 18 years of age;
(3) shall have established residency in this state under
AS 01.10.055;
(4) shall reside legally in the United States;
(5) may not, within 10 years before the commission takes
effect, have
been convicted of a felony or incarcerated in a correctional facility
for a felony
conviction;
(6) may not, within 10 years before the commission takes
effect,
(A) have had the person's notary public commission revoked
under AS 44.50.068(a)(2) or (4) or under the notary public laws
of another
jurisdiction for a substantially similar reason;
(B) have had the person's notary public commission revoked
under AS 44.50.068(a)(3), unless the person has reestablished
residency in this
state under AS 01.10.055 before the person submits the application;
(C) have been disciplined under AS 44.50.068 if, at the
time
the person applies for a notary public commission under this chapter,
the
disciplinary action prohibits the person from holding a notary
public
commission; or
(D) have been disciplined under the notary public laws
of
another jurisdiction if, at the time the person applies for a
notary public
commission under this chapter, the disciplinary action prohibits
the person
from holding a notary public commission; and
(7) shall meet the other requirements in this chapter to
be
commissioned as a notary public. |
Sec. 44.50.020. Qualifications.
A person appointed as a notary public must be, at the time
of submitting an application, a resident of this state and at
least 19 years of age. In this section, "resident"
means a person who maintains a permanent place of abode in the
state, and is in fact living in the state. |
(1)
The Lieutenant Governor may now require an application form
in addition to the Notary Bond.
(2)
The minimum age for obtaining a commission has been lowered
from 19 to 18 years of age.
(3)
The definition of residency has been changed to be equivalent
to Section 01.10.055
(4)
New requirement that the applicant must be residing legally
in the United States.
(5) & (6)
New felony, commission revocation and discipline restrictions.
|
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
44.50.032
44.50.033
44.50.034
44.50.035
44.50.036
44.50.037
44.50.038
44.50.039 |
Sec. 9. AS 44.50 is amended by adding
new sections to read:
Sec. 44.50.032. Application.
(a) A person applying for a commission as a
notary public shall submit a completed application as required
by this section, using
the forms or format required by the lieutenant governor.
(b) A completed application for a commission under AS 44.50.010(a)(1)
must
include
(1) an affirmation that the applicant meets the qualifications
set out in
AS 44.50.020(2) - (6);
(2) the applicant's mailing and physical addresses; the
applicant's
telephone number, if any; the applicant's employer or business;
the physical address
and telephone number of the applicant's employer or business at
the location where the
applicant works; and an electronic mailing address, if any, where
the applicant can be
contacted;
(3) information concerning any denial, suspension, revocation,
or
restriction of the applicant's commission as a notary public in
this state or another
jurisdiction; that information must include
(A) identification of the jurisdiction;
(B) the date the jurisdiction issued the denial, suspension,
revocation, or restriction;
(C) the reasons for the denial, suspension, revocation,
or
restriction; and
(D) information concerning final resolution of the matter;
(4) the applicant's notarized signature on the portion
of the application
that contains the oath or affirmation required by AS 44.50.035;
(5) the fee required by AS 44.50.033; and
(6) the bond required by AS 44.50.034.
(c) A completed application for a commission under AS 44.50.010(a)(2)
must
include
(1) a signed statement by the applicant's government employer
that the
commission is needed for the purpose of conducting official government
business;
(2) the applicant's mailing and physical addresses; the
applicant's
telephone number, if any; the applicant's employer; the name,
address, and telephone
number for the employer where the applicant works; and an electronic
mailing
address, if any, where the applicant can be contacted;
(3) the affirmation, information, and signature required
by (b)(1), (3),
and (4) of this section; and
(4) the fee required by AS 44.50.033.
Sec. 44.50.033. Application fee. A person applying for
a commission as a
notary public shall pay a nonrefundable application fee of $40.
However, an applicant
for a limited governmental notary public commission under AS 44.50.010(a)(2)
who is
employed by the state may not be required to pay an application
fee.
Sec. 44.50.034. Bond. (a) A person applying for a commission
as a notary
public without limitation under AS 44.50.010(a)(1) shall execute
an official bond of
$1,000 and submit the bond with the application under AS 44.50.032.
The bond must
be for a term of four years from the date of commission.
(b) The lieutenant governor shall keep a bond submitted under
this section for
two years after the end of the term of the commission for which
the bond was issued.
Disposition of the bond after the end of the commission does not
affect the time for
commencing an action on the bond.
Sec. 44.50.035. Oath. The application required by the lieutenant
governor
under AS 44.50.032 must contain an oath or affirmation, in the
form set out in
AS 39.05.045, to be signed by the applicant. A signed oath or
affirmation submitted
in an application under AS 44.50.032 takes effect on the date
of the applicant's
commission as a notary public under this chapter.
Sec. 44.50.036. Denial of applications. The lieutenant
governor shall deny
an application for a notary public commission if the
(1) applicant does not meet the requirements of this chapter;
(2) application is not complete or contains a material misstatement
or
omission of fact relating to the requirements for a commission
under this chapter;
(3) applicant has, within 10 years before the commission is to
take
effect, been convicted of a felony or incarcerated in a correctional
facility for a felony
conviction; or
(4) applicant's commission as a notary public has been revoked,
within
10 years before the commission is to take effect, in
(A) this state for a reason stated in
(i) AS 44.50.068(a)(2) or (4);
(ii) AS 44.50.068(a)(3), unless the person has
reestablished residency in this state under AS 01.10.055 before
the
person submits the application; or
(B) another jurisdiction for a reason substantially similar to
AS 44.50.068(a)(2) or (4).
Sec. 44.50.037. Certificate of commission. Upon commission
of a notary
public under this chapter, the lieutenant governor shall provide
to the notary public a
certificate of commission indicating the commission and the dates
of the term of the
commission.
Sec. 44.50.038. Subsequent commissions. A notary public
whose term of
commission is ending may apply for a new notary public commission
by submitting a
new application under AS 44.50.032 and complying with the requirements
of this
chapter. The lieutenant governor's approval of a new application
for a commission for
a notary public without limitation under AS 44.50.010(a)(1) terminates
an applicant's
existing commission under that paragraph.
Sec. 44.50.039. Limited governmental notaries public. A
state, municipal,
or federal employee commissioned as a notary public under AS 44.50.010(a)(2)
(1) is designated a limited governmental notary public;
(2) may perform notarial acts only in the conduct of official
government business; and
(3) may not charge or receive a fee or other consideration
for notarial
services provided under this chapter. |
Sec. 44.50.040. Fees.
A fee of $40 shall be paid to the lieutenant governor for each
commission issued to a person other than a state employee.
Sec. 44.50.120. Bond.
Every person appointed a notary public after July 1, 1961,
shall execute an official bond of $1,000.
Sec. 44.50.130. Filing oath and bond.
(a) An application for a notary public commission must include
a statement under oath that the applicant is a resident, as
defined in AS 44.50.020.
(b) A person appointed a notary public shall file a bond and
the oath set out in AS 39.05.045 with the lieutenant governor.
The oath must be notarized and signed by the appointee.
Sec. 44.50.140. Disposition of bond.
The lieutenant governor shall keep the bond for one year after
the end of the term of the commission for which the bond is
issued. Disposition of the bond after the end of the commission
does not affect the time for starting an action on the bond. |
44.50.032
Application form separate from Notary Bond implemented.
44.50.033
Application fee
Remains unchanged at $40.00
44.50.034
Bond remains unchanged at $1,000.00
44.50.035
Oath requirement remains unchanged.
44.50.036
New section dealing with conditions for denial of applications.
44.50.037
New section.
44.50.038
New section.
44.50.039
Expansion of old State Employee notary commission into new Limited
Governmental notary commission.
(2) This was stated in the old notary handbook, but
there was no statutory prohibition under the old law. Now there
is.
(3) No change from State Employee notary commission. |
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
| 44.50.060 |
Sec. 10. AS 44.50.060 is amended to read:
Sec. 44.50.060. Duties. A notary public may [SHALL]
(1) administer oaths and affirmations [WHEN REQUESTED,
DEMAND ACCEPTANCE AND PAYMENT OF FOREIGN AND INLAND BILLS
OF EXCHANGE, OR PROMISSORY NOTES, PROTEST THEM FOR
NONACCEPTANCE AND NONPAYMENT, AND EXERCISE THE OTHER
POWERS AND DUTIES THAT BY THE LAW OF NATIONS AND ACCORDING
TO COMMERCIAL USAGES, OR BY THE LAWS OF ANY OTHER STATE,
GOVERNMENT, OR COUNTRY, MAY BE PERFORMED BY NOTARIES];
(2) take the acknowledgment of or proof of execution
of [POWERS
OF ATTORNEY, MORTGAGES, DEEDS, GRANTS, TRANSFERS, AND OTHER]
instruments in [OF] writing, and give a notarial certificate
of the proof or
acknowledgment, included in [ENDORSED ON] or attached to the
instrument; the
notarial certificate shall be signed by the notary public in
the notary public's
[NOTARY'S] own handwriting or by electronic means as authorized
by
regulations adopted by the lieutenant governor [;
(3) TAKE DEPOSITIONS AND AFFIDAVITS, AND ADMINISTER
OATHS AND AFFIRMATIONS, IN ALL MATTERS INCIDENT TO THE DUTIES
OF THE OFFICE, OR TO BE USED BEFORE A COURT, JUDGE, OFFICER,
OR
BOARD IN THE STATE; A DEPOSITION, AFFIDAVIT, OATH, OR
AFFIRMATION SHALL BE SIGNED BY THE NOTARY IN THE NOTARY'S
OWN HANDWRITING, AND THE NOTARY SHALL ENDORSE AFTER THE
SIGNATURE THE DATE OF EXPIRATION OF THE NOTARY'S COMMISSION]. |
Sec. 44.50.060. Duties.
A notary public shall
(1) when requested, demand acceptance and payment of
foreign and inland bills of exchange, or promissory notes, protest
them for nonacceptance and nonpayment, and exercise the other
powers and duties that by the law of nations and according to
commercial usages, or by the laws of any other state, government,
or country, may be performed by notaries;
(2) take the acknowledgment or proof of powers of attorney,
mortgages, deeds, grants, transfers, and other instruments of
writing, and give a certificate of the proof or acknowledgment,
endorsed on or attached to the instrument; the certificate shall
be signed by the notary in the notary's own handwriting;
(3) take depositions and affidavits, and administer
oaths and affirmations, in all matters incident to the duties
of the office, or to be used before a court, judge, officer,
or board in the state; a deposition, affidavit, oath, or affirmation
shall be signed by the notary in the notary's own handwriting,
and the notary shall endorse after the signature the date of
expiration of the notary's commission. |
44.50.060
(1)
The age of the Notarial Protest appears to be far behind us
now and, except for some attempted
illigitimate use, we have been unable to find any evidence
of any legitimate modern use of the Notarial Protest (and would
be appreciate information or evidence to the contrary.)
At any rate, the Notarial Protest appears to be a very technical
process that would now be beyond the scope of duties (and and
technical prowess) of the contemporary Alaska notary. We caution
our notaries not to become involved in a protest without first
consulting our office.
(2)
The language regarding taking "acknowledgements of or proofs
of execution of powers of attorney, mortgages, deeds, grants,
transfers, etc." was deemed unnecessarily detailed. Except
as something to be documented in the notary's journal, the nature
of the document bearing the principal's signature is irrelevant
to the notarial act.
(3)
The wording in the old (3) is unclear. In (2) the word "take"
seems to be synonomous with the notarial act itself. Here the
word "take" seems to imply that the notary might be
involved in the transcription or process of preparing the affidavit
or deposition document itself. Such processes are a vital legal
activity, but do not properly fall under the scope of duties
of the notary (see 44.50.060)
Signatures on depositions and affidavits may require notarization
- and under the current law any notary is still allowed to perform
notarizations of signatures related to these documents - but
the preparation of the document itself is not the proper venue
of the notary. The changes here are intended to clarify that
point, not to prohibit a Court Reporter or any other official
who is normally involved in the actual transcription or preparation
of affidavits or depositions from continuing to do so, nor is
the intent to prevent any notary from performing a notarization
related to an affidavit or deposition.
|
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
44.50.061
44.50.062
44.50.063
44.50.064
44.50.065
44.50.066
44.50.067
44.50.068
|
Sec. 11. AS 44.50 is amended by adding new sections to read:
Sec. 44.50.061. Unauthorized practice. (a) A notary public
who is not an
attorney may complete but may not select notarial certificates,
and may not assist
another person in drafting, completing, selecting, or understanding
a document or
transaction requiring a notarial act.
(b) This section does not prohibit a notary public who
is qualified in and, if
required, licensed to practice, a particular profession from
giving advice relating to
matters in that professional field.
(c) A notary public may not make representations to have
powers,
qualifications, rights, or privileges that the office of notary
public does not have.
Sec. 44.50.062. Prohibited acts. A notary public may
not
(1) violate state or federal law in the performance of
acts authorized by
this chapter;
(2) influence a person to enter into or avoid a transaction
involving a
notarial act by the notary public;
(3) affix the notary public's signature or seal on a
notarial certificate
that is incomplete;
(4) charge a fee for a notarial act unless a fee schedule
has been
provided to the signer before the performance of the notarial
act;
(5) affix the notary public's official seal to a document
unless the
person who is to sign the document
(A) appears and signs the document before the notary
public or,
for an acknowledgment, appears and indicates to the notary public
that the
person voluntarily affixed the person's signature on the document
for the
purposes stated within the document;
(B) gives an oath or affirmation if required under law
or if the
notarial certificate states that the document was signed under
oath or
affirmation; and
(C) is personally known to the notary public, produces
government-issued identification containing the photograph and
signature of
the person signing, or produces
(i) government-issued identification containing the
signature of the person signing, but without a photograph; and
(ii) another valid identification containing the
photograph and signature of the person signing;
(6) perform a notarial act if the notary public
(A) is a signer of or named in the document that is to
be
notarized; or
(B) will receive directly from a transaction connected
with the
notarial act a commission, fee, advantage, right, title, interest,
cash, property,
or other consideration exceeding in value the normal fee charged
by the notary
for the notarial act.
Sec. 44.50.063. Official signature.
(a) When performing a notarization, a
notary public shall
(1) sign in the notary public's own handwriting, on the
notarial
certificate, exactly and only the name indicated on the notary
public's commission
certificate, or sign an electronic document by electronic means
as authorized by
regulations adopted by the lieutenant governor; and
(2) affix the official signature only at the time the
notarial act is
performed.
(b) A notary public shall comply in a timely manner with
a request by the
lieutenant governor to supply a current sample of the notary
public's official
handwritten signature and information regarding the notary public's
electronic
signature.
(c) Within 10 days after the security of a notary public's
electronic signature
has been compromised, the notary public shall provide the lieutenant
governor with
written notification that the signature has been compromised.
After the notary public
has provided the lieutenant governor with the notification,
the notary public shall
provide the lieutenant governor with any additional information
that the lieutenant
governor requests about the compromise of the signature.
Sec. 44.50.064. Official seal.
(a) A notary public shall keep an official seal,
which is the exclusive property of the notary public, and shall
ensure that another
person does not possess or use the official seal.
(b) A notary public's official seal
(1) must contain
(A) the notary public's name exactly as indicated on
the notary
public's commission certificate;
(B) the words "Notary Public" and "State
of Alaska"; and
(2) may be a circular form not over two inches in diameter,
may be a
rectangular form not more than one inch in width by two and
one-half inches in
length, or may be an electronic form as authorized by regulations
adopted by the
lieutenant governor.
(c) When not in use, a notary public's official seal
shall be kept secure and
under the exclusive control of the notary public.
(d) Within 10 days after a notary public's official seal
is stolen or lost, or the
security of the notary public's official electronic seal is
compromised, the notary
public shall provide the lieutenant governor with written notification
of the theft, loss,
or compromised security. After the notary public has provided
the lieutenant governor
with the notification, the notary public shall provide the lieutenant
governor with any
additional information that the lieutenant governor requests
about the compromise of
the seal.
(e) In order to avoid misuse, a notary public's official
seal shall be destroyed
or defaced
(1) upon the notary public's resignation or death;
(2) upon the revocation or termination by the lieutenant
governor of
the notary public's commission; or
(3) when the notary public's term of commission ends
if the notary
public has not received a new commission under this chapter.
Sec. 44.50.065. Seal impression or depiction.
(a) With regard to each paper
document being notarized, a sharp, legible, photographically
reproducible impression
or depiction of a notary public's official seal shall be affixed
(1) on the notarial certificate near the notary public's
official signature;
and
(2) only at the time the notarial act is performed.
(b) For a notarized paper document, illegible information
within a seal
impression or depiction may be typed or printed legibly by the
notary public adjacent
to, but not within, the impression or depiction.
(c) An embossed seal impression that is not photographically
reproducible
may be used in addition to, but not in place of, the seal impression
or depiction
required by (a) of this section.
(d) A notary public may use a seal in electronic form
on electronic documents
notarized by the notary public as authorized by regulations
adopted by the lieutenant
governor. The seal shall be affixed only at the time the notarial
act is performed.
Sec. 44.50.066. Notary public's status notification.
(a) Within 30 days after
change of a notary public's name, mailing address, or physical
address, the notary
public shall, on a form provided by the lieutenant governor,
submit written notification
of the change, signed by the notary public.
(b) The lieutenant governor may require limited governmental
notaries public
commissioned under AS 44.50.010(a)(2) who change departmental
or agency
employers to submit written notification of the change on a
form provided by the
lieutenant governor.
(c) A notary public commissioned under AS 44.50.010(a)(1)
reporting a name
change shall submit to the lieutenant governor payment of the
fee under AS 44.19.024
for the issuance of a replacement certificate of commission.
(d) A notary public reporting a name change under (a)
and (c) of this section
shall use the person's former name for the performance of notarial
acts until the person
has
(1) provided written notification of the name change
to the surety for
any bond required under AS 44.50.034;
(2) received a replacement certificate of commission
reflecting the
name change from the lieutenant governor; and
(3) obtained a new seal reflecting the name change.
(e) The lieutenant governor may require a notary public
to update the
information required under AS 44.50.032, including the notary
public's current
notarized signature and information regarding the notary public's
electronic signature.
Sec. 44.50.067. Resignation.
(a) To resign a commission, a notary public
shall notify the lieutenant governor in writing of the resignation
and the date that it is
effective. The notary public shall sign the notification.
(b) A notary public who does not any longer meet the
requirements of this
chapter to be a notary public shall immediately resign the commission.
Sec. 44.50.068. Disciplinary action; complaint; appeal; hearing;
delegation.
(a) The lieutenant governor may suspend or revoke a
notary public's
commission or reprimand a notary public for good cause shown,
including
(1) a ground on which an application for a commission
may be denied;
(2) failure to comply with this chapter;
(3) failure to maintain residency in this state under
AS 01.10.055; and
(4) incompetence or malfeasance in carrying out the notary
public's
duties under this chapter.
(b) A person harmed by the actions of a notary public
may file a complaint
with the lieutenant governor. The complaint shall be filed on
a form prescribed by the
lieutenant governor and shall be signed and verified by the
person alleging misconduct
by the notary public.
(c) If the lieutenant governor determines that the allegations
in the complaint
do not warrant formal disciplinary action, the lieutenant governor
may decline to act
on the complaint or may advise the notary public of the appropriate
conduct and the
applicable statutes and regulations governing the conduct. The
lieutenant governor
shall notify the notary public and the complainant of the determination
in writing.
(d) If the lieutenant governor determines that the complaint
alleges sufficient
facts to constitute good cause for disciplinary action, the
lieutenant governor shall
serve the notary public with a copy of the complaint as provided
in Rule 4, Alaska
Rules of Civil Procedure. The notary public may file a written
response to the
complaint with the lieutenant governor within 20 days after
receipt of the complaint.
The lieutenant governor may extend the time for the notary public's
response. The
lieutenant governor shall provide a copy of the notary public's
response to the
complainant.
(e) The lieutenant governor shall review the complaint
and the response to
determine whether formal disciplinary action may be warranted.
The lieutenant
governor may determine that the allegations in the complaint
do not warrant formal
disciplinary action, in which case the lieutenant governor may
determine not to take
further action on the complaint or may determine to advise the
notary public of the
appropriate conduct and the applicable statutes and regulations
governing the conduct.
If the lieutenant governor determines that formal disciplinary
action is not warranted,
the lieutenant governor shall provide the complainant and the
notary public with a
written statement of the basis for the determination.
(f) If the lieutenant governor finds that formal disciplinary
action may be
warranted, the lieutenant governor may suspend or revoke a notary
public's
commission or reprimand a notary public. If the lieutenant governor
suspends or
revokes the commission or issues a reprimand, the lieutenant
governor shall provide,
by certified mail, the notary public with a written statement
of the lieutenant
governor's decision, including a written statement of the basis
for the determination.
(g) A person who is issued a reprimand, suspension, or
revocation under (f) of
this section may appeal the reprimand, suspension, or revocation
by requesting a
hearing within 15 days after receiving the statement provided
under (f) of this section.
If a hearing is requested, the lieutenant governor shall deny
or grant the request under
AS 44.64.060(b) and refer the matter to the office of administrative
hearings under
AS 44.64.060(b).
(h) The lieutenant governor may delegate the powers under
this section. |
Sec. 44.50.070. Presence and identification required.
A notary public shall require oaths and affirmations to be
given in the notary's presence and require persons appearing
before the notary to produce identification.
Sec. 44.50.080. Seal.
(a) A notary public shall provide and keep an official
seal, upon which must appear the words, "State of Alaska"
and "Notary Public," together with the name of the
notary. The notary shall authenticate all official acts with
the seal.
(b) The seal of every notary public whose commission
is issued on or after July 1, 1972 may be affixed by a seal
press or stamp that will print or emboss a seal which legibly
reproduces under photographic methods the words "State
of Alaska" and "Notary Public" and the name of
the notary. The seal may be circular not over two inches in
diameter, or may be a rectangular form not more than an inch
in width by two and one-half inches in length, and must contain
the information required by this section.
(b) The seal of every notary public whose commission
is issued on or after July 1, 1972 may be affixed by a seal
press or stamp that will print or emboss a seal which legibly
reproduces under photographic methods the words "State
of Alaska" and "Notary Public" and the name of
the notary. The seal may be circular not over two inches in
diameter, or may be a rectangular form not more than an inch
in width by two and one-half inches in length, and must contain
the information required by this section.
Sec. 44.50.100. Return of papers to lieutenant governor.
If a notary public dies, resigns, is disqualified, removed
from office, or removes from the state, all the notary's public
papers shall be delivered to the lieutenant governor.
Sec. 44.50.110. Application of Administrative Procedure
Act to revocation of notary commission.
The procedures set out in AS 44.62 (Administrative Procedure
Act) shall be followed in the revocation of the commission of
a notary public. |
44.50.061
New
44.50.062
New
(i)
Unless the signer is personally known to the notary, a specific
type of identification is now required before the notarization
may proceed.
44.50.063
44.50.064
(A)
If your signature, notary commission certificate and notary
seal are different versions of your name please contact the
notary office for help in consolidating these items to comply
with the new requirements.
44.50.065
44.50.066
44.50.067
44.50.068
New |
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
44.50.071
44.50.072
44.50.073 |
Sec. 12. AS 44.50 is amended by adding
new sections to read:
Sec. 44.50.071. Confidentiality.
(a) An address, telephone number, and
electronic mail address of a notary public or an applicant that
is submitted under
AS 44.50.032 or 44.50.038 and that is designated by the notary
public or applicant as
confidential shall be kept confidential. However, a notary public
shall provide a
nonconfidential address and telephone number at which the notary
public can be
contacted.
(b) Compilations and data bases of those addresses, telephone
numbers, and
electronic mail addresses of notaries public that are confidential
under (a) of this
section shall be kept confidential, except that the lieutenant
governor may disclose
compilations and data bases if the lieutenant governor determines
that disclosure is in
the public interest.
(c) A complaint filed under AS 44.50.068 shall be kept
confidential unless the
lieutenant governor determines under AS 44.50.068(d) that the
complaint alleges
sufficient facts to constitute good cause for disciplinary action.
Sec. 44.50.072. Regulations. The lieutenant governor may
adopt regulations
under AS 44.62 (Administrative Procedure Act) to carry out the
purposes of this
chapter.
Sec. 44.50.073. Published summary. The lieutenant governor
may publish
by electronic means for commissioned notaries public a summary
of the provisions of
this chapter and the regulations adopted under this chapter. The
lieutenant governor
shall, upon request, distribute the summary to each person who
is commissioned a
notary public under this chapter. |
|
44.50.071
New
44.50.072
New
44.50.073
New |
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
| 44.50.200 |
Sec. 13. AS 44.50 is amended by adding
a new section to read:
Sec. 44.50.200. Definitions. In this chapter, unless the context
otherwise
requires,
(1) "convicted" or "conviction" means that
the person has entered a
plea of guilty, guilty but mentally ill, or nolo contendere, or
has been found guilty or
guilty but mentally ill by a court or jury;
(2) "notarial act" means an act that is identified as
a notarial act under
AS 09.63.120 and an act that a notary public is directed to perform
under
AS 44.50.060;
(3) "notary public" means a person commissioned to perform
notarial
acts under this chapter. |
|
|
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
|
Sec. 14. AS 44.50.030, 44.50.040,
44.50.070, 44.50.080, 44.50.090, 44.50.100,
44.50.110, 44.50.120, 44.50.130, 44.50.140, 44.50.170, 44.50.180(c),
and 44.50.190 are
repealed. |
Sec. 44.50.030. Term of office.
The term of office of a notary public is four years from the
date of commission.
Sec. 44.50.040. Fees.
A fee of $40 shall be paid to the lieutenant governor for each
commission issued to a person other than a state employee.
Sec. 44.50.070. Presence and identification required.
A notary public shall require oaths and affirmations to be
given in the notary's presence and require persons appearing
before the notary to produce identification.
Sec. 44.50.080. Seal.
(a) A notary public shall provide and keep an official
seal, upon which must appear the words, "State of Alaska"
and "Notary Public," together with the name of the
notary. The notary shall authenticate all official acts with
the seal.
(b) The seal of every notary public whose commission
is issued on or after July 1, 1972 may be affixed by a seal
press or stamp that will print or emboss a seal which legibly
reproduces under photographic methods the words "State
of Alaska" and "Notary Public" and the name of
the notary. The seal may be circular not over two inches in
diameter, or may be a rectangular form not more than an inch
in width by two and one-half inches in length, and must contain
the information required by this section.
Sec. 44.50.090. Protest of bill or note.
The protest of a notary public, under the notary's hand and
official seal, of a bill of exchange or promissory note for
nonacceptance or nonpayment is prima facie evidence of the facts
recited in it, if the protest recites (1) the time and place
of presentment; (2) the fact that presentment was made and the
manner of presentment; (3) the cause or reason for protesting
the bill; (4) the demand made and the answer given, or the fact
that the drawee or acceptor could not be found.
Sec. 44.50.100. Return of papers to lieutenant governor.
If a notary public dies, resigns, is disqualified, removed
from office, or removes from the state, all the notary's public
papers shall be delivered to the lieutenant governor.
Sec. 44.50.110. Application of Administrative Procedure
Act to revocation of notary commission.
The procedures set out in AS 44.62 (Administrative Procedure
Act) shall be followed in the revocation of the commission of
a notary public.
Sec. 44.50.120. Bond.
Every person appointed a notary public after July 1, 1961,
shall execute an official bond of $1,000.
Sec. 44.50.130. Filing oath and bond.
(a) An application for a notary public commission must
include a statement under oath that the applicant is a resident,
as defined in AS 44.50.020.
(b) A person appointed a notary public shall file a
bond and the oath set out in AS 39.05.045 with the lieutenant
governor. The oath must be notarized and signed by the appointee.
Sec. 44.50.140. Disposition of bond.
The lieutenant governor shall keep the bond for one year after
the end of the term of the commission for which the bond is
issued. Disposition of the bond after the end of the commission
does not affect the time for starting an action on the bond.
Sec. 44.50.170. State employees as notaries.
(a) The lieutenant governor may appoint and commission
state employees as notaries public of the state to act for and
in behalf of a department of the state government as the lieutenant
governor considers proper. If a state employee is appointed
and commissioned, the head of the department shall execute a
certificate that the appointment is made for the purposes of
the department. When the certificate is filed with the lieutenant
governor, the notary may not charge fees for filing or issuing
a document in connection with the appointment.
(b) A department for which a notary public is appointed
and commissioned under this section may pay from funds available
for its support the premiums on the bond and the cost of stamps,
seals, or other supplies required in connection with the appointment,
commission, or performance of the duties of the notary public.
(c) Fees collected or obtained by a notary public whose
documents have been filed without charge and for whom bond premiums
have been paid by a state agency shall be remitted by the notary
to the state department by which the notary is employed and
paid into the general fund of the state. Notwithstanding AS
44.50.030 , the termination of employment revokes the commission
of a notary whose documents have been filed without charge and
for whom bond premiums have been paid by a state agency.
Sec. 44.50.180. Postmasters as notaries.
(c) The postmaster may charge and receive the same fees
as a notary for similar services.
Sec. 44.50.190. Savings clause.
This chapter may not be construed as to effect the release
or extinguishment of a liability or forfeiture incurred or right
accruing under a previous law regulating notaries. All commissions
in effect on July 1, 1961 continue until they expire or are
terminated by death, disqualification, resignation, removal
from the state, or until the notary is removed from office by
the lieutenant governor under AS 44.62 (Administrative Procedure
Act). |
44.50.030
Now covered under 44.50.010 (b)
44.50.040
Now covered under 44.50.033
44.50.070
Now covered under 44.50.062 (5)(a)&(c)
44.50.080
Now covered under 44.50.064
44.50.090
We do not recommend that notaries involve themselves in this
activity without first consulting with the Lieutenant Governor's
Office.
44.50.100
Notaries maintain possession of their notary journals forever.
Please do not return any materials to the Lieutenant Governor.
44.50.110
Now covered under 44.50.068
44.50.120
Now covered under 44.50.034
44.50.130
Now covered under 44.50.034
44.50.140
Now covered under 44.50.034
44.50.170
Now covered under 44.50.010, 44.50.034, 44.50.039, 44.50.066.
44.50.180 (c)
The Postal Regulations do not allow Postmasters to charge fees
for notarizations.
44.50.190 |
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
|
Sec. 15. The uncodified law of the
State of Alaska is amended by adding a new section to
read:
APPLICABILITY. (a) AS 44.50.010, repealed and reenacted by sec.
7 of this Act,
and AS 44.50.032, 44.50.033, 44.50.035, 44.50.036, 44.50.037,
and 44.50.039, enacted by
sec. 9 of this Act, do not apply to a notary public whose commission
is in effect on the day
before the effective date of secs. 1 - 14 of this Act until the
notary public's term of office
expires under former AS 44.50.030, the notary public resigns under
AS 44.50.067, enacted by
sec. 11 of this Act, or the notary public's commission is revoked
under AS 44.50.068, enacted by sec. 11 of this Act.
(b) Notwithstanding (a) of this section, if a notary public whose
commission is in
effect on the day before the effective date of secs. 1 - 14 of
this Act has been, within 10 years
before the notary public's term of office expires under former
AS 44.50.030, convicted of a
felony or incarcerated in a correctional facility for a felony
conviction, the lieutenant governor
may take an action under AS 44.50.068, enacted by sec. 11 of the
Act, against the notary
public. In this subsection, "convicted" and "conviction"
have the meanings given in
AS 44.50.200. |
|
Felony prohibition is retroactive and applies to all current
notaries. |
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
|
Sec. 16. The uncodified law of the State of Alaska is amended
by adding a new section to
read:
TRANSITION: REGULATIONS. The lieutenant governor may proceed
to adopt
regulations necessary to implement the changes made by this
Act. The regulations take effect
under AS 44.62 (Administrative Procedure Act), but not before
the effective date of the
respective statutory change. |
|
|
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
|
Sec. 17. Section 16 of this Act takes
effect immediately under AS 01.10.070(c). |
|
|
| Section |
Current Law (effective July 1,
2005) |
Prior Law |
Comments |
|
Sec. 18. Except as provided in sec.
17 of this Act, this Act takes effect July 1, 2005. |
|
|
|
