1997 Minnesota Statutes

CHAPTER 359. Notaries public

     359.01 Commission. 

    Subdivision 1.    Resident notaries.  The governor may 
 appoint and commission as notaries public, by and with the 
 advice and consent of the senate, as many citizens of this state 
 or resident aliens, over the age of 18 years, as the governor 
 considers necessary.  The commissioner of commerce shall perform 
 all duties necessary to appoint and commission notaries public 
 under this section on the governor's behalf. 

    Subd. 2.    Nonresident notaries.  The governor or the 
 commissioner of commerce, acting on the governor's behalf, by 
 and with the advice and consent of the senate, may appoint as 
 notary public a person who is not a resident of this state if: 

    (1) the person is a resident of Wisconsin, Iowa, North 
 Dakota, or South Dakota, and of a county that shares a boundary 
 with this state; 

    (2) the person designates the commissioner as agent for the 
 service of process for all purposes relating to notarial acts 
 and for receipt of all correspondence relating to notarial acts. 

    Subd. 3.    Fees.  (a) When making application for a 
 commission the applicant must submit, along with the information 
 required by the commissioner, a nonrefundable fee of $40. 

    (b) All fees shall be retained by the commissioner and are 
 nonreturnable, except that an overpayment of a fee is the 
 subject of a refund upon proper application. 

    HIST: (6937) RL s 2656; 1955 c 820 s 44; 1969 c 1148 s 59; 
 1973 c 725 s 67; 1984 c 504 s 1; 1984 c 609 s 23; 1984 c 654 art 
 2 s 129; 1Sp1986 c 3 art 1 s 82; 1992 c 513 art 3 s 72; 1993 c 
 354 s 2; 1993 c 369 s 127; 1996 c 439 art 1 s 22,23 

     359.02 Term. 

    A notary commissioned under section 359.01 holds office for 
 five years, unless sooner removed by the governor or the 
 district court, or by action of the commissioner.  Within 30 
 days before the expiration of the commission a notary may be 
 reappointed for a new term to commence and to be designated in 
 the new commission as beginning upon the day immediately 
 following the date of the expiration.  The reappointment takes 
 effect and is valid although the appointing governor may not be 
 in the office of governor on the effective day. 

    (a) All notary commissions issued before January 31, 1995, 
 will expire on January 31, 1995. 

    (b) All notary commissions issued after January 31, 1995, 
 will expire at the end of the licensing period, which will end 
 every fifth year following January 31, 1995. 

    (c) All notary commissions issued during a licensing period 
 expire at the end of that period as set forth in this section. 

    HIST: (6938) RL s 2657; 1953 c 63 s 1; 1984 c 504 s 2; 1986 c 
 444; 1989 c 6 s 1; 1989 c 189 s 1; 1993 c 354 s 3; 1993 c 369 s 
 128; 1994 c 465 art 3 s 72; 1996 c 439 art 1 s 24 

     359.03 Seal; register. 

    Subdivision 1.  Every notary shall get an official seal, 
 with which to authenticate official acts, and upon which shall 
 be engraved the arms of this state, the words "notarial seal."  
 The seal, with the notary's official register, is exempt from 
 execution, and, on death or removal from office, the register 
 must be deposited with the court administrator of the district 
 court of the notary's county. 

    Subd. 2.  All instruments heretofore duly made and executed 
 which have been acknowledged before a notary public as provided 
 by law, but the seal used thereon has engraved on it "notary 
 public," are hereby validated and legalized, and in case such 
 instruments are recorded, the recording is hereby validated and 
 legalized, and all such instruments are validated to the same 
 extent as though properly sealed at the time of their 
 acknowledgment.  This subdivision shall not affect any action 
 now pending in any of the courts of this state.  

    Subd. 3.  The seal of every notary public may be affixed by 
 a stamp that will print a seal which legibly reproduces under 
 photographic methods the seal of the state of Minnesota, the 
 name of the notary, the words "Notary Public," and the words "My 
 commission expires ...............," with the expiration date 
 shown thereon.  The seal shall be a rectangular form of not more 
 than three-fourths of an inch vertically by 2-1/2 inches 
 horizontally, with a serrated or milled edge border, and shall 
 contain the information required by this subdivision. 

    HIST: (6939) RL s 2658; 1947 c 42 s 1; 1947 c 372 s 1; 1971 c 
 251 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1993 c 354 s 4,5 

     359.04 Powers. 

    Every notary public so appointed, commissioned, and 
 qualified shall have power throughout this state to administer 
 all oaths required or authorized to be administered in this 
 state; to take and certify all depositions to be used in any of 
 the courts of this state; to take and certify all 
 acknowledgments of deeds, mortgages, liens, powers of attorney, 
 and other instruments in writing; and to receive, make out, and 
 record notarial protests.  

    HIST: (6940) RL s 2659; 1947 c 372 s 2; 1993 c 354 s 6 

     359.05 Date of expiration of commission and name to be 
  endorsed. 

    Every notary public, except in cases provided in section 
 359.03, subdivision 3, taking an acknowledgment of an 
 instrument, taking a deposition, administering an oath, or 
 making a notarial protest, shall, immediately following the 
 notary's signature to the jurat or certificate of 
 acknowledgment, endorse the date of the expiration of the 
 commission; such endorsement may be legibly written, stamped, or 
 printed upon the instrument, but must be disconnected from the 
 seal, and shall be substantially in the following form:  "My 
 commission expires ............, 19....."  Except in cases 
 provided in section 359.03, subdivision 3, every notary public, 
 in addition to signing the jurat or certificate of 
 acknowledgment, shall, immediately following the signature and 
 immediately preceding the official description, endorse thereon 
 the notary's name with a typewriter or print the same legibly 
 with a stamp or with pen and ink; provided that the failure so 
 to endorse or print the name shall not invalidate any jurat or 
 certificate of acknowledgment.  

    HIST: (6941) GS 1866 c 26 s 4; GS 1894 s 2271; 1905 c 48 s 1; 
 1921 c 430 s 1; 1947 c 372 s 3; 1971 c 251 s 2; 1986 c 444; 1993 
 c 354 s 7 

  359.06 Repealed, 1976 c 2 s 128 

     359.061 Record of commission; certificate. 

    The commission of every notary shall be recorded in the 
 office of the court administrator of the district court of the 
 notary's county of residence, in a record kept for that 
 purpose.  The commission of a nonresident notary must be 
 recorded in the office of the court administrator of the 
 district court of the Minnesota county that borders the county 
 in which the nonresident notary resides.  The court 
 administrator, when requested, shall certify to official acts in 
 the manner and for the fees prescribed by statute or court rule. 

    HIST: 1976 c 239 s 109; 1983 c 359 s 46; 1986 c 444; 1Sp1986 c 
 3 art 1 s 82; 1996 c 439 art 1 s 25; 1997 c 222 s 55 

     359.062 Notice; languages other than English. 

    (a) A notary public who is not an attorney who advertises 
 the services of a notary public in a language other than 
 English, whether by radio, television, signs, pamphlets, 
 newspapers, or other written communication, with the exception 
 of a single desk plaque, shall post or otherwise include with 
 the advertisement a notice in English and the language in which 
 the advertisement appears.  This notice must be of a conspicuous 
 size, if in writing, and must state:  "I AM NOT AN ATTORNEY 
 LICENSED TO PRACTICE LAW IN MINNESOTA AND MAY NOT GIVE LEGAL 
 ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."  If the advertisement 
 is by radio or television, the statement may be modified but 
 must include substantially the same message. 

    (b) A notary public who violates this section is guilty of 
 a misdemeanor. 

    HIST: 1996 c 401 s 2 

     359.07 Notary in detached county. 

    Subdivision 1.    Powers.  In any county which has 
 heretofore been detached from another county of this state, and 
 which has been newly created and organized, any notary public 
 residing in such newly created and organized county, who was a 
 resident of the county from which the new county was detached 
 and created, shall have the same powers during the unexpired 
 term of appointment as such notary public was authorized by law 
 to exercise under the commission issued to the notary as a 
 resident of the county from which the new county was detached 
 and created and within which the original appointment as notary 
 public was made; and all acts heretofore done by any such notary 
 public, while residing in the newly created and organized 
 county, otherwise in conformity of law, are hereby declared to 
 be legal and valid and to the same effect as if the notary 
 public had been originally commissioned as a resident of the 
 newly created and organized county.  

    Subd. 2.    Record of commission.  Such notary public so 
 residing in the newly created and organized county shall have 
 the commission as such notary public recorded by the court 
 administrator of the district court of the newly created and 
 organized county of residence, or of the county to which the 
 newly created county is attached for judicial purposes, as 
 provided in section 359.061, and when so recorded shall be 
 entitled to the same certificate of and from the court 
 administrator of the district court as provided in section 
 359.061. 

    Subd. 3.    Seal.  Such notary shall, immediately upon 
 the adoption of this section, get an official seal, as provided 
 in and in conformity with section 359.03.  

    HIST: (6943, 6944, 6945) 1907 c 323 s 1-3; 1980 c 509 s 142; 
 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     359.071 Change of name or address. 

    A notary shall notify the commissioner of any name or 
 address change within 30 days of the change. 

    HIST: 1984 c 504 s 3; 1986 c 444; 1989 c 189 s 2; 1993 c 354 s 
 8; 1997 c 222 s 56 

     359.08 Misconduct.  

    Any notary who shall exercise the duties of office after 
 the expiration of a term, or when otherwise disqualified, shall 
 be guilty of a misdemeanor.  

    HIST: (6946) RL s 2661; 1963 c 753 art 2 s 5; 1986 c 444 

  359.09 Repealed, 1965 c 811 art 10 s 336.10-102 

  359.10 Repealed, 1965 c 811 art 10 s 336.10-102 

     359.11 Taking depositions. 

    In taking depositions, the notary shall have the power to 
 compel the attendance of and to punish witnesses for refusing to 
 testify as provided by statute or court rule.  All sheriffs and 
 constables shall serve and return all process issued by any 
 notary in taking depositions.  

    HIST: (6949) RL s 2664; 1983 c 359 s 47 

     359.12 Administrative actions and penalties. 

    Every notary who shall charge or receive a fee or reward 
 for any act or service done or rendered as a notary greater than 
 the amount allowed by law, or who dishonestly or unfaithfully 
 discharges duties as notary, or who has pleaded guilty, with or 
 without explicitly admitting guilt, plead nolo contendere, or 
 been convicted of a felony, gross misdemeanor, or misdemeanor 
 involving moral turpitude, is subject to the penalties imposed 
 pursuant to section 45.027, except that a notary may be removed 
 from office only by the governor or the district court.  The 
 commissioner has all the powers provided by section 45.027 and 
 shall proceed in the manner provided by that section in actions 
 against notaries. 

    HIST: (6950) RL s 2665; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 
 1993 c 354 s 9