Introduction Notary Commissions Certifying or Attesting a Copy Notary Acknowledgment Notary Public Authentication SOS

1. Introduction • Notary Commissions • Certifying or Attesting a Copy • Notary Acknowledgment • Notary Public Authentication • SOS Website • Valid Identification

2. Notary Public A person of integrity appointed by the Governor to serve the public as an impartial and unbiased witness.

3. To Obtain a New Commission • The applicant must not have held a previous commission that has expired • Complete and mail the Notary Application • Pay the $40 non-refundable fee • Be at least 18 years of age • Be either a Minnesota resident or a resident of a county in Iowa, North Dakota, South Dakota or Wisconsin that shares a boundary with Minnesota.

5. 2009 Minnesota Statutes Chapter 358. SEALS, OATHS, ACKNOWLEDGMENTS • 358.41 Definitions • 358.42 Notarial Acts • 358.43 Notarial Acts in this State • 358.48 Short Forms

6. MN Statue Chapters 357.17 • The maximum fees to be charged and collected by a notary public shall be as follows: • (1) for protest of nonpayment of note or bill of exchange or of nonacceptance of such bill; where protest is legally necessary, and copy thereof, $1; • (2) for every other protest and copy, $1; • (3) for making and serving every notice of nonpayment of note or nonacceptance of bill and copy thereof, $1; • (4) for any affidavit or paper for which provision is not made herein, $1 per folio, and 20 cents per folio for copies; • (5) for each oath administered, $1; • (6) for acknowledgments of deeds and for other services authorized by law, the legal fees allowed other officers for like services; • (7) for recording each instrument required by law to be recorded by the notary, $1 per folio.

7. 609.65 FALSE CERTIFICATION BY NOTARY PUBLIC • Whoever, when acting or purporting to act as a notary public or other public officer, certifies falsely that an instrument has been acknowledged or that any other act was performed by a party appearing before the actor or that as such notary public or other public officer the actor performed any other official act may be sentenced as follows: • (1) if the actor so certifies with intent to injure or defraud, to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both; or • (2) in any other case, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.

8. Potential Situation/Scenario’s The Minnesota Department of Commerce is empowered to bring enforcement actions against Notaries. Following is a list of notary enforcement actions listed on the Department of Commerce website, Jan 2009-2010

9. Respondent notarized a document prior to being appointed as a notary, failed to verify accuracy of signatures, failed to record her signature, and failed to notify the Secretary of state of her address change. • Respondent notarized a quit claim deed without verifying that the signatures of the individuals whose names appeared on the document were true and accurate. • Respondent notary requested another notary to notarize a signature without witnessing the signing.

10. Respondent affixed his notary stamp and signature to a document without witnessing the document being signed or verifying the signature to be true and accurate. • Respondent failed to update name and address; failed to notify Secretary of State of criminal charges and conviction. • Respondent improperly notarized a document. • Respondent charged notary fees greater then that allowed by law.

11. Respondent notarized documents after his commission expired. • Respondent notarized documents with incorrect dates. • Respondent acted as a notary without having a valid notary commission. • Respondent failed to accurately complete the acknowledgement section of a modification of mortgage document by writing a name other then the name of the individual who Respondent was witnessing.

12. Respondent failed to accurately complete the acknowledgment sections on three modification of mortgage documents by failing to put a date in the acknowledgement section of those documents. • Respondent affixed notary stamp and signature to the document without having actually witnessed anyone sign the document. • Respondent notarized a document that contained a forged signature.

13. Respondent affixed her notary stamp and signature to a document that failed to include any signature or jurisdiction where notarization occurred. • Respondent notarized numerous affidavits not signed in her presence.

14. Properly Notarized Document • No white out or cross outs • Notarized same day signed • Requester signs same day as notary • Valid Notary Commission • Valid Notary Commission Stamp • Requester signs same day as notary • Document Filled out completely

16. Valid Identification

21. http://www.nationalnotary.org/nnNow http://www.sos.state.mn.us https://notary.sos.state.mn.us http://www.state.mn.us/portal/mn/jsp/content.do?programid=536891197&id=-536882079&agency=Commerce • Web Sites to Bookmark

22. Questions???