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Minnesota Legislature

Office of the Revisor of Statutes

SF 893

as introduced - 90th Legislature (2017 - 2018) Posted on 03/14/2018 04:17pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to notaries public; enacting the Revised Uniform Law on Notarial Acts,
as amended, approved by the National Conference of Commissioners on Uniform
State Laws;amending Minnesota Statutes 2016, sections 5.15; 325K.23, subdivision
1; 358.116; 358.50; 359.01, subdivision 5; 507.24, subdivision 2; 508.48; 508A.48;
proposing coding for new law in Minnesota Statutes, chapter 358; repealing
Minnesota Statutes 2016, sections 358.41; 358.42; 358.43; 358.44; 358.45; 358.46;
358.47; 358.48; 358.49.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

REVISED UNIFORM LAW ON NOTARIAL ACTS

Section 1.

new text begin [358.51] SHORT TITLE.
new text end

new text begin Sections 358.51 to 358.80 may be cited as the Revised Uniform Law on Notarial Acts.
new text end

Sec. 2.

new text begin [358.52] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of sections 358.51 to 358.80, the terms defined in
subdivisions 2 to 16 have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Acknowledgment. new text end

new text begin "Acknowledgment" means a declaration by an individual
before a notarial officer that the individual has signed a record for the purpose stated in the
record and, if the record is signed in a representative capacity, that the individual signed
the record with proper authority and signed it as the act of the individual or entity identified
in the record.
new text end

new text begin Subd. 3. new text end

new text begin Electronic. new text end

new text begin "Electronic" means relating to technology having electrical, digital,
magnetic, wireless, optical, electromagnetic, or similar capabilities.
new text end

new text begin Subd. 4. new text end

new text begin Electronic signature. new text end

new text begin "Electronic signature" means an electronic symbol,
sound, or process attached to or logically associated with a record and executed or adopted
by an individual with the intent to sign the record.
new text end

new text begin Subd. 5. new text end

new text begin In a representative capacity. new text end

new text begin "In a representative capacity" means acting as:
new text end

new text begin (1) an authorized officer, agent, partner, trustee, or other representative for a person
other than an individual;
new text end

new text begin (2) a public officer, personal representative, guardian, or other representative, in the
capacity stated in a record;
new text end

new text begin (3) an agent or attorney-in-fact for a principal; or
new text end

new text begin (4) an authorized representative of another in any other capacity.
new text end

new text begin Subd. 6. new text end

new text begin Notarial act. new text end

new text begin "Notarial act" means an act, whether performed with respect to
a tangible or electronic record, that a notarial officer may perform under the law of this
state. The term includes taking an acknowledgment, administering an oath or affirmation,
taking a verification on oath or affirmation, witnessing or attesting a signature, certifying
or attesting a copy, and noting a protest of a negotiable instrument.
new text end

new text begin Subd. 7. new text end

new text begin Notarial officer. new text end

new text begin "Notarial officer" means a notary public or other individual
authorized to perform a notarial act.
new text end

new text begin Subd. 8. new text end

new text begin Notary public. new text end

new text begin "Notary public" means an individual commissioned to perform
a notarial act by the commissioning officer or agency.
new text end

new text begin Subd. 9. new text end

new text begin Official stamp. new text end

new text begin "Official stamp" means a physical image affixed to or embossed
on a tangible record or an electronic image attached to or logically associated with an
electronic record.
new text end

new text begin Subd. 10. new text end

new text begin Person. new text end

new text begin "Person" means an individual, corporation, business trust, statutory
trust, estate, trust, partnership, limited liability company, association, joint venture, public
corporation, government or governmental subdivision, agency, or instrumentality, or any
other legal or commercial entity.
new text end

new text begin Subd. 11. new text end

new text begin Record. new text end

new text begin "Record" means information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is retrievable in perceivable form.
new text end

new text begin Subd. 12. new text end

new text begin Sign. new text end

new text begin "Sign" means, with present intent to authenticate or adopt a record:
new text end

new text begin (1) to execute or adopt a tangible symbol; or
new text end

new text begin (2) to attach to or logically associate with the record an electronic symbol, sound, or
process.
new text end

new text begin Subd. 13. new text end

new text begin Signature. new text end

new text begin "Signature" means a tangible symbol or an electronic signature
that evidences the signing of a record.
new text end

new text begin Subd. 14. new text end

new text begin Stamping device. new text end

new text begin "Stamping device" means:
new text end

new text begin (1) a physical device capable of affixing to or embossing on a tangible record an official
stamp; or
new text end

new text begin (2) an electronic device or process capable of attaching to or logically associating with
an electronic record an official stamp.
new text end

new text begin Subd. 15. new text end

new text begin State. new text end

new text begin "State" means a state of the United States, the District of Columbia,
Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject
to the jurisdiction of the United States.
new text end

new text begin Subd. 16. new text end

new text begin Verification on oath or affirmation. new text end

new text begin "Verification on oath or affirmation"
means a declaration, made by an individual on oath or affirmation before a notarial officer,
that a statement in a record is true.
new text end

Sec. 3.

new text begin [358.53] APPLICABILITY.
new text end

new text begin Sections 358.51 to 358.80 apply to a notarial act performed on or after August 1, 2018.
new text end

Sec. 4.

new text begin [358.54] AUTHORITY TO PERFORM NOTARIAL ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Source. new text end

new text begin A notarial officer may perform a notarial act authorized by
sections 358.51 to 358.80 or by law of this state other than sections 358.51 to 358.80.
new text end

new text begin Subd. 2. new text end

new text begin Limitation. new text end

new text begin A notarial officer may not perform a notarial act with respect to a
record to which the officer or the officer's spouse is a party, or in which either of them has
a direct beneficial interest. A notarial act performed in violation of this subdivision is
voidable.
new text end

Sec. 5.

new text begin [358.55] REQUIREMENTS FOR CERTAIN NOTARIAL ACTS.
new text end

new text begin Subdivision 1. new text end

new text begin Acknowledgments. new text end

new text begin A notarial officer who takes an acknowledgment of
a record shall determine, from personal knowledge or satisfactory evidence of the identity
of the individual, that the individual appearing before the officer and making the
acknowledgment has the identity claimed and that the signature on the record is the signature
of the individual.
new text end

new text begin Subd. 2. new text end

new text begin Verifications. new text end

new text begin A notarial officer who takes a verification of a statement on oath
or affirmation shall determine, from personal knowledge or satisfactory evidence of the
identity of the individual, that the individual appearing before the officer and making the
verification has the identity claimed and that the signature on the statement verified is the
signature of the individual.
new text end

new text begin Subd. 3. new text end

new text begin Signatures. new text end

new text begin A notarial officer who witnesses or attests to a signature shall
determine, from personal knowledge or satisfactory evidence of the identity of the individual,
that the individual appearing before the officer and signing the record has the identity
claimed.
new text end

new text begin Subd. 4. new text end

new text begin Copies. new text end

new text begin A notarial officer who certifies or attests a copy of a record or an item
that was copied shall determine that the copy is a full, true, and accurate transcription or
reproduction of the record or item.
new text end

new text begin Subd. 5. new text end

new text begin Protests. new text end

new text begin A notarial officer who makes or notes a protest of a negotiable
instrument shall determine the matters set forth in section 336.3-505, paragraph (b).
new text end

Sec. 6.

new text begin [358.56] PERSONAL APPEARANCE REQUIRED.
new text end

new text begin If a notarial act relates to a statement made in or a signature executed on a record, the
individual making the statement or executing the signature shall appear personally before
the notarial officer.
new text end

Sec. 7.

new text begin [358.57] IDENTIFICATION OF INDIVIDUAL.
new text end

new text begin Subdivision 1. new text end

new text begin Personal knowledge. new text end

new text begin A notarial officer has personal knowledge of the
identity of an individual appearing before the officer if the individual is personally known
to the officer through dealings sufficient to provide reasonable certainty that the individual
has the identity claimed.
new text end

new text begin Subd. 2. new text end

new text begin Identification. new text end

new text begin A notarial officer has satisfactory evidence of the identity of
an individual appearing before the officer if the officer can identify the individual:
new text end

new text begin (1) by means of:
new text end

new text begin (i) a passport, driver's license, or government-issued nondriver identification card that
is currently valid or expired not more than three years before performance of the notarial
act; or
new text end

new text begin (ii) another form of government identification issued to an individual that is current or
expired not more than three years before performance of the notarial act, contains the
individual's signature or a photograph of the individual, and is satisfactory to the officer;
or
new text end

new text begin (2) by a verification on oath or affirmation of a credible witness personally appearing
before the officer and known to the officer or whom the officer can identify on the basis of
a passport, driver's license, or government-issued nondriver identification card that is current
or expired not more than three years before performance of the notarial act.
new text end

new text begin Subd. 3. new text end

new text begin Additional information or credentials. new text end

new text begin A notarial officer may require an
individual to provide additional information or identification credentials necessary to assure
the officer of the identity of the individual.
new text end

Sec. 8.

new text begin [358.58] AUTHORITY TO REFUSE TO PERFORM NOTARIAL ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Specific grounds. new text end

new text begin A notarial officer may refuse to perform a notarial act
if the officer is not satisfied that:
new text end

new text begin (1) the individual executing the record is competent or has the capacity to execute the
record; or
new text end

new text begin (2) the individual's signature is knowingly and voluntarily made.
new text end

new text begin Subd. 2. new text end

new text begin General limitation. new text end

new text begin A notarial officer may refuse to perform a notarial act
unless refusal is prohibited by law other than sections 358.51 to 358.80.
new text end

Sec. 9.

new text begin [358.59] SIGNATURE IF INDIVIDUAL UNABLE TO SIGN.
new text end

new text begin If an individual is physically unable to sign a record, the individual may direct an
individual other than the notarial officer to sign the individual's name on the record. The
notarial officer shall insert "Signature affixed by (name of other individual) at the direction
of (name of individual)" or words of similar import.
new text end

Sec. 10.

new text begin [358.60] NOTARIAL ACT IN THIS STATE.
new text end

new text begin Subdivision 1. new text end

new text begin Authorized persons. new text end

new text begin A notarial act may be performed in this state by:
new text end

new text begin (1) a notary public of this state;
new text end

new text begin (2) a judge, clerk, or deputy clerk of a court of this state;
new text end

new text begin (3) an individual licensed to practice law in this state; or
new text end

new text begin (4) any other individual authorized to perform the specific act by the law of this state.
new text end

new text begin Subd. 2. new text end

new text begin Significance of signature and title. new text end

new text begin The signature and title of an individual
performing a notarial act in this state are prima facie evidence that the signature is genuine
and that the individual holds the designated title.
new text end

new text begin Subd. 3. new text end

new text begin Authority of officer established. new text end

new text begin The signature and title of a notarial officer
described in subdivision 1, clause (1), (2), or (3), conclusively establish the authority of the
officer to perform the notarial act.
new text end

Sec. 11.

new text begin [358.61] NOTARIAL ACT IN ANOTHER STATE.
new text end

new text begin Subdivision 1. new text end

new text begin Effect. new text end

new text begin A notarial act performed in another state has the same effect under
the law of this state as if performed by a notarial officer of this state, if the act performed
in that state is performed by:
new text end

new text begin (1) a notary public of that state;
new text end

new text begin (2) a judge, clerk, or deputy clerk of a court of that state; or
new text end

new text begin (3) any other individual authorized by the law of that state to perform the notarial act.
new text end

new text begin Subd. 2. new text end

new text begin Significance of signature and title. new text end

new text begin The signature and title of an individual
performing a notarial act in another state are prima facie evidence that the signature is
genuine and that the individual holds the designated title.
new text end

new text begin Subd. 3. new text end

new text begin Authority of officer established. new text end

new text begin The signature and title of a notarial officer
described in subdivision 1, clause (1) or (2), conclusively establish the authority of the
officer to perform the notarial act.
new text end

Sec. 12.

new text begin [358.62] NOTARIAL ACT UNDER AUTHORITY OF FEDERALLY
RECOGNIZED INDIAN TRIBE.
new text end

new text begin Subdivision 1. new text end

new text begin Effect. new text end

new text begin A notarial act performed under the authority and in the jurisdiction
of a federally recognized American Indian tribe has the same effect as if performed by a
notarial officer of this state, if the act performed in the jurisdiction of that tribe or nation is
performed by:
new text end

new text begin (1) a notary public of that tribe;
new text end

new text begin (2) a judge, clerk, or deputy clerk of a court of that tribe; or
new text end

new text begin (3) any other individual authorized by the law of that tribe to perform the notarial act.
new text end

new text begin Subd. 2. new text end

new text begin Significance of signature and title. new text end

new text begin The signature and title of an individual
performing a notarial act under the authority of and in the jurisdiction of a federally
recognized American Indian tribe are prima facie evidence that the signature is genuine and
that the individual holds the designated title.
new text end

new text begin Subd. 3. new text end

new text begin Authority of officer established. new text end

new text begin The signature and title of a notarial officer
described in subdivision 1, clause (1) or (2), conclusively establish the authority of the
officer to perform the notarial act.
new text end

Sec. 13.

new text begin [358.63] NOTARIAL ACT UNDER FEDERAL AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Effect. new text end

new text begin A notarial act performed under federal law has the same effect
under the law of this state as if performed by a notarial officer of this state, if the act
performed under federal law is performed by:
new text end

new text begin (1) a judge, clerk, or deputy clerk of a court;
new text end

new text begin (2) an individual in military service or performing duties under the authority of military
service who is authorized to perform notarial acts under federal law;
new text end

new text begin (3) an individual designated a notarizing officer by the United States Department of
State for performing notarial acts overseas; or
new text end

new text begin (4) any other individual authorized by federal law to perform the notarial act.
new text end

new text begin Subd. 2. new text end

new text begin Significance of signature and title. new text end

new text begin The signature and title of an individual
acting under federal authority and performing a notarial act are prima facie evidence that
the signature is genuine and that the individual holds the designated title.
new text end

new text begin Subd. 3. new text end

new text begin Authority of officer established. new text end

new text begin The signature and title of an officer described
in subdivision 1, clause (1), (2), or (3), conclusively establish the authority of the officer to
perform the notarial act.
new text end

Sec. 14.

new text begin [358.64] FOREIGN NOTARIAL ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin In this section, "foreign state" means a government other
than the United States, a state, or a federally recognized Indian tribe.
new text end

new text begin Subd. 2. new text end

new text begin Effect. new text end

new text begin If a notarial act is performed under authority and in the jurisdiction of
a foreign state or constituent unit of the foreign state or is performed under the authority of
a multinational or international governmental organization, the act has the same effect under
the law of this state as if performed by a notarial officer of this state.
new text end

new text begin Subd. 3. new text end

new text begin Authority of officer established. new text end

new text begin If the title of office and indication of authority
to perform notarial acts in a foreign state appears in a digest of foreign law or in a list
customarily used as a source for that information, the authority of an officer with that title
to perform notarial acts is conclusively established.
new text end

new text begin Subd. 4. new text end

new text begin Significance of signature and official stamp. new text end

new text begin The signature and official stamp
of an individual holding an office described in subdivision 3 are prima facie evidence that
the signature is genuine and the individual holds the designated title.
new text end

new text begin Subd. 5. new text end

new text begin Significance of apostille. new text end

new text begin An apostille in the form prescribed by the Hague
Convention of October 5, 1961, and issued by a foreign state party to the Convention
conclusively establishes that the signature of the notarial officer is genuine and that the
officer holds the indicated office.
new text end

new text begin Subd. 6. new text end

new text begin Significance of consular authentication. new text end

new text begin A consular authentication issued by
an individual designated by the United States Department of State as a notarizing officer
for performing notarial acts overseas and attached to the record with respect to which the
notarial act is performed conclusively establishes that the signature of the notarial officer
is genuine and that the officer holds the indicated office.
new text end

Sec. 15.

new text begin [358.645] INDIVIDUAL LOCATED OUTSIDE UNITED STATES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given:
new text end

new text begin (1) "communication technology" means an electronic device or process that allows an
individual located outside the United States and a notary public located in this state to
communicate with each other simultaneously by sight and sound;
new text end

new text begin (2) "identity proofing" means a process or service by which a third person provides a
notary public with a reasonable means to verify the identity of an individual by a review of
personal information from public or proprietary data sources; and
new text end

new text begin (3) "outside the United States" means outside the geographic boundaries of the United
States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession
subject to the jurisdiction of the United States.
new text end

new text begin Subd. 2. new text end

new text begin Notarial act; use of communications technology generally. new text end

new text begin (a) A notary
public in this state may perform by means of communication technology a notarial act
relating to a statement made in or signature executed on a record by an individual located
outside the United States if:
new text end

new text begin (1) the notary public has:
new text end

new text begin (i) personal knowledge under section 358.57, subdivision 1, of the identity of the
individual; or
new text end

new text begin (ii) satisfactory evidence under subdivision 3 of the identity of the individual;
new text end

new text begin (2) the record:
new text end

new text begin (i) is to be filed with or relates to a matter before a court, governmental entity, public
official, or other entity located in the territorial jurisdiction of the United States; or
new text end

new text begin (ii) involves property located in the territorial jurisdiction of, or a transaction substantially
connected with, the United States;
new text end

new text begin (3) the notary public is able, by use of tamper-evident technology or personal
acknowledgment of the individual, reasonably to identify the record before the notary public
as the same record in which the individual made the statement or on which the individual
executed the signature; and
new text end

new text begin (4) the act of making the statement or signing the record is not prohibited by the foreign
state, as defined in section 358.64, subdivision 1, in which the individual is located.
new text end

new text begin (b) If a notarial act relates to a statement made in or a signature executed on a record by
an individual located outside the United States, the individual may comply with section
358.56 by appearing before the notary public by means of communication technology.
new text end

new text begin Subd. 3. new text end

new text begin Evidence of identity. new text end

new text begin In addition to the methods permitted by section 358.57,
subdivision 1, for identification of an individual, a notary public has satisfactory evidence
of the identity of an individual appearing before the notary public by means of communication
technology if the notary public reasonably can identify the individual by means of identity
proofing.
new text end

new text begin Subd. 4. new text end

new text begin Refusal to perform notarial act. new text end

new text begin In addition to the authority of a notary public
under section 358.58 to refuse to perform a notarial act, a notary public may refuse to
perform a notarial act under this section if the notary public is not satisfied that the individual
is located outside the United States.
new text end

new text begin Subd. 5. new text end

new text begin Certificate of notarial act. new text end

new text begin If a notarial act involves a statement made in or a
signature executed on a record by an individual by means of communication technology,
the certificate of notarial act required by section 358.65 must indicate that the individual
making the statement or signing the record declared to the notary public that the individual
was located outside the United States at the time the notarial act was performed.
new text end

new text begin Subd. 6. new text end

new text begin Record keeping. new text end

new text begin If a notarial act involves the use of communication technology,
the notary public shall retain a video and audio copy of the performance of the notarial act.
new text end

new text begin Subd. 7. new text end

new text begin Short-form certificate. new text end

new text begin The following short-form certificates of notarial acts
performed with regard to an individual located outside the United States are sufficient for
the purposes indicated, if completed with the information required by subdivision 5 and
section 358.65, subdivisions 1 and 2:
new text end

new text begin (1) For a verification on oath or affirmation by an individual located outside the United
States:
new text end

new text begin State of .
new text end
new text begin [County] of .
new text end
new text begin Signed and sworn to (or affirmed) before me by use of communication technology on
new text end
.
new text begin by ......................................., who declared that (he)(she)(they) (is)(are) located
new text end
new text begin Date
new text end
new text begin (Name(s) of Individual(s))
new text end
new text begin in ...................... and that this record is to be filed with or relates to a matter before a court,
governmental entity, public official, or other entity located in the territorial jurisdiction of
the United States, or involves property located in the territorial jurisdiction of, or a
transaction substantially connected with, the United States.
new text end
.
new text begin Signature of notary public
new text end
.
new text begin (Place stamp here)
new text end
new text begin [ . ]
new text end
new text begin Title of office
new text end
new text begin [My commission expires: . ]
new text end

new text begin (2) For an acknowledgment in an individual capacity by an individual located outside
the United States:
new text end

new text begin State of .
new text end
new text begin [County] of .
new text end
new text begin This record was acknowledged before me by use of communication technology on
new text end
.
new text begin by ......................................., who declared that (he)(she)(they) (is)(are) located
new text end
new text begin Date
new text end
new text begin (Name(s) of Individual(s))
new text end
new text begin in ...................... and that this record is to be filed with or relates to a matter before a court,
governmental entity, public official, or other entity located in the territorial jurisdiction of
the United States, or involves property located in the territorial jurisdiction of, or a
transaction substantially connected with, the United States.
new text end
.
new text begin Signature of notary public
new text end
.
new text begin (Place stamp here)
new text end
new text begin [ . ]
new text end
new text begin Title of office
new text end
new text begin [My commission expires: . ]
new text end

new text begin (3) For an acknowledgment in a representative capacity by an individual located outside
the United States:
new text end

new text begin State of .
new text end
new text begin [County] of .
new text end
new text begin This record was acknowledged before me by use of communication technology on
new text end
.
new text begin by ......................................., as type of authority, such as officer or trustee) of (name
new text end
new text begin Date
new text end
new text begin (Name(s) of Individual(s))
new text end
new text begin of party on behalf of whom record was executed), who declared that (he)(she)(they) (is)(are)
located in ............... and that this record is to be filed with or relates to a matter before a
court, governmental entity, public official, or other entity located in the territorial jurisdiction
of the United States, or involves property located in the territorial jurisdiction of, or a
transaction substantially connected with, the United States.
new text end
.
new text begin Signature of notary public
new text end
.
new text begin (Place stamp here)
new text end
new text begin [ . ]
new text end
new text begin Title of office
new text end
new text begin [My commission expires: . ]
new text end

new text begin (4) For witnessing or attesting a signature by an individual located outside the United
States:
new text end

new text begin State of .
new text end
new text begin [County] of .
new text end
new text begin Signed [or attested] before me by use of communication technology on
new text end
.
new text begin by ......................................., who declared that (he)(she)(they) (is)(are) located
new text end
new text begin Date
new text end
new text begin (Name(s) of Individual(s))
new text end
new text begin in ...................... and that this record is to be filed with or relates to a matter before a court,
governmental entity, public official, or other entity located in the territorial jurisdiction of
the United States, or involves property located in the territorial jurisdiction of, or a
transaction substantially connected with, the United States.
new text end
.
new text begin Signature of notary public
new text end
.
new text begin (Place stamp here)
new text end
new text begin [ . ]
new text end
new text begin Title of office
new text end
new text begin [My commission expires: . ]
new text end

new text begin Subd. 8. new text end

new text begin Required notification of notary. new text end

new text begin Before a notary public performs the notary
public's initial notarial act under this section, the notary public must notify the commissioning
officer or agency that the notary public will be performing notarial acts by communication
technology and identify the communication technology and any provider of third-person
identity verification on whom the notary public intends to rely on for identity proofing. If
the commissioning officer or agency has established standards for approval of communication
technology under subdivision 9 and section 358.77, the communication technology must
conform to the standards. If the communication technology conforms to the standards, the
commissioning officer or agency shall approve the use of the communication technology.
new text end

new text begin Subd. 9. new text end

new text begin Rulemaking. new text end

new text begin The commissioning office or agency may adopt rules regarding
performance of a notarial act with respect to an individual located outside the United States.
The rules may:
new text end

new text begin (1) prescribe the means of performing a notarial act involving communication technology
to communicate with an individual located outside the United States;
new text end

new text begin (2) establish standards for the approval of communication technology;
new text end

new text begin (3) approve providers of third-person identity verification and the process of identity
proofing; and
new text end

new text begin (4) establish standards for the retention of a video and audio copy of the performance
of a notarial act under this chapter.
new text end

Sec. 16.

new text begin [358.65] CERTIFICATE OF NOTARIAL ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Required. new text end

new text begin A notarial act must be evidenced by a certificate. The certificate
must:
new text end

new text begin (1) be executed contemporaneously with the performance of the notarial act;
new text end

new text begin (2) 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 commissioning officer or agency;
new text end

new text begin (3) identify the jurisdiction in which the notarial act is performed;
new text end

new text begin (4) contain the title of office of the notarial officer; and
new text end

new text begin (5) if the officer is a notary public, indicate the date of expiration, if any, of the officer's
commission.
new text end

new text begin Subd. 2. new text end

new text begin Official stamp. new text end

new text begin If a notarial act regarding a tangible record is performed by a
notary public, an official stamp must be affixed to or embossed on 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 subdivision 1, clauses (2), (3), and
(4), an official stamp may be affixed to or embossed on the certificate. If the notarial act
regarding an electronic record is performed by a notarial officer and the certificate contains
the information specified in subdivision 1, clauses (2), (3), and (4), an official stamp may
be attached to or logically associated with the certificate.
new text end

new text begin Subd. 3. new text end

new text begin Sufficiency. new text end

new text begin A certificate of a notarial act is sufficient if it meets the requirements
of subdivisions 1 and 2 and:
new text end

new text begin (1) is in a short form set forth in section 358.66;
new text end

new text begin (2) is in a form otherwise permitted by the law of this state;
new text end

new text begin (3) is in a form permitted by the law applicable in the jurisdiction in which the notarial
act was performed; or
new text end

new text begin (4) sets forth the actions of the notarial officer and the actions are sufficient to meet the
requirements of the notarial act as provided in sections 358.55, 358.56, and 358.57 or law
of this state other than sections 358.51 to 358.80.
new text end

new text begin Subd. 4. new text end

new text begin Effect. new text end

new text begin 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 358.54, 358.55, and 358.56.
new text end

new text begin Subd. 5. new text end

new text begin When signature is affixed. new text end

new text begin A notarial officer may not affix the officer's
signature to, or logically associate it with, a certificate until the notarial act has been
performed.
new text end

new text begin Subd. 6. new text end

new text begin Records. new text end

new text begin 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 commissioning officer or agency has established standards pursuant
to section 358.77 for attaching, affixing, or logically associating the certificate, the process
must conform to the standards.
new text end

Sec. 17.

new text begin [358.66] SHORT FORM CERTIFICATES.
new text end

new text begin The following short form certificates of notarial acts are sufficient for the purposes
indicated, if completed with the information required by section 358.65, subdivisions 1 and
2
:
new text end

new text begin (1) For an acknowledgment in an individual capacity;
new text end

new text begin State of .
new text end
new text begin County of .
new text end

new text begin This instrument was acknowledged before me on ..........(date) by ....................(name(s)
of individual(s)).
new text end

.
new text begin (Signature of notarial officer)
new text end
new text begin (Stamp)
new text end
.
new text begin Title (and Rank)
new text end
new text begin My commission expires: .
new text end

new text begin (2) For an acknowledgment in a representative capacity:
new text end

new text begin State of .
new text end
new text begin County of .
new text end

new text begin This instrument was acknowledged before me on ..........(date) by ....................(name(s)
of individual(s)) as ........................................(type of authority, e.g., officer, trustee, etc.)
of ............................. .................(name of party on behalf of whom the instrument was
executed).
new text end

.
new text begin (Signature of notarial officer)
new text end
new text begin (Stamp)
new text end
.
new text begin Title (and Rank)
new text end
new text begin My commission expires: .
new text end

new text begin (3) For a verification upon oath or affirmation:
new text end

new text begin State of .
new text end
new text begin County of .
new text end

new text begin Signed and sworn to (or affirmed) before me on .........(date) by ...................(name(s) of
individual(s) making statement).
new text end

.
new text begin (Signature of notarial officer)
new text end
new text begin (Stamp)
new text end
.
new text begin Title (and Rank)
new text end
new text begin My commission expires: .
new text end

new text begin (4) For witnessing or attesting a signature:
new text end

new text begin State of .
new text end
new text begin County of .
new text end

new text begin Signed or attested before me on ..........(date) by ....................(name(s) of individual(s)).
new text end

.
new text begin (Signature of notarial officer)
new text end
new text begin (Stamp)
new text end
.
new text begin Title (and Rank)
new text end
new text begin My commission expires: .
new text end

new text begin (5) For attestation of a copy of a document:
new text end

new text begin State of .
new text end
new text begin County of .
new text end

new text begin I certify that this is a true and correct copy of a document in the possession of ....................
.
new text end

new text begin Dated: .
new text end
.
new text begin (Signature of notarial officer)
new text end
new text begin (Stamp)
new text end
.
new text begin Title (and Rank)
new text end
new text begin My commission expires: .
new text end

Sec. 18.

new text begin [358.67] OFFICIAL STAMP.
new text end

new text begin The official stamp of a notary public must:
new text end

new text begin (1) include the notary public's name, jurisdiction, commission expiration date, and other
information required by the commissioning officer or agency; and
new text end

new text begin (2) be capable of being copied together with the record to which it is affixed or attached
or with which it is logically associated.
new text end

Sec. 19.

new text begin [358.68] STAMPING DEVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Security. new text end

new text begin A notary public is responsible for the security of the notary
public's stamping device and may not allow another individual to use the device to perform
a notarial act. On resignation from, or the revocation or expiration of, the notary public's
commission, or on the expiration of the date set forth in the stamping device, if any, the
notary public shall disable the stamping device by destroying, defacing, damaging, erasing,
or securing it against use in a manner that renders it unusable. On the death or adjudication
of incompetency of a notary public, the notary public's personal representative or guardian
or any other person knowingly in possession of the stamping device shall render it unusable
by destroying, defacing, damaging, erasing, or securing it against use in a manner that
renders it unusable.
new text end

new text begin Subd. 2. new text end

new text begin Notification if lost or stolen. new text end

new text begin If a notary public's stamping device is lost or
stolen, the notary public or the notary public's personal representative or guardian shall
notify promptly the commissioning officer or agency on discovering that the device is lost
or stolen.
new text end

Sec. 20.

new text begin [358.69] JOURNAL.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin A notary public other than an individual licensed to
practice law in this state shall maintain a journal in which the notary public chronicles all
notarial acts that the notary public performs. The notary public shall retain the journal for
ten years after the performance of the last notarial act chronicled in the journal.
new text end

new text begin Subd. 2. new text end

new text begin Form. new text end

new text begin A journal may be created on a tangible medium or in an electronic
format. A notary public shall maintain only one journal at a time to chronicle all notarial
acts, whether those notarial acts are performed regarding tangible or electronic records. If
the journal is maintained on a tangible medium, it must be a permanent, bound register with
numbered pages. If the journal is maintained in an electronic format, it must be in a
permanent, tamper-evident electronic format complying with the rules of the commissioning
officer or agency.
new text end

new text begin Subd. 3. new text end

new text begin Entries. new text end

new text begin An entry in a journal must be made contemporaneously with the
performance of the notarial act and contain the following information:
new text end

new text begin (1) the date and time of the notarial act;
new text end

new text begin (2) a description of the record, if any, and type of notarial act;
new text end

new text begin (3) the full name and address of each individual for whom the notarial act is performed;
new text end

new text begin (4) if identity of the individual is based on personal knowledge, a statement to that effect;
new text end

new text begin (5) if identity of the individual is based on satisfactory evidence, a brief description of
the method of identification and the identification credential presented, if any, including
the date of issuance and expiration of any identification credential; and
new text end

new text begin (6) the fee, if any, charged by the notary public.
new text end

new text begin Subd. 4. new text end

new text begin Notification if lost or stolen. new text end

new text begin If a notary public's journal is lost or stolen, the
notary public promptly shall notify the commissioning officer or agency on discovering
that the journal is lost or stolen.
new text end

new text begin Subd. 5. new text end

new text begin Retention after resignation, revocation, or suspension. new text end

new text begin On resignation from,
or the revocation or suspension of, a notary public's commission, the notary public shall
retain the notary public's journal in accordance with subdivision 1 and inform the
commissioning officer or agency where the journal is located.
new text end

new text begin Subd. 6. new text end

new text begin Alternative to retention. new text end

new text begin Instead of personally retaining a journal as provided
in subdivisions 1 and 5, a current or former notary public may transmit the journal to the
commissioning officer or agency, the official archivist of this state, or a repository approved
by the commissioning officer or agency.
new text end

new text begin Subd. 7. new text end

new text begin Death or adjudication of incompetency. new text end

new text begin On the death or adjudication of
incompetency of a current or former notary public, the notary public's personal representative
or guardian or any other person knowingly in possession of the journal shall transmit it to
the commissioning officer or agency, the official archivist of this state, or a repository
approved by the commissioning officer or agency.
new text end

Sec. 21.

new text begin [358.70] PERFORMANCE OF NOTARIAL ACT ON ELECTRONIC
RECORD.
new text end

new text begin Subdivision 1. new text end

new text begin Selection of technology. new text end

new text begin A notary public may select one or more
tamper-evident technologies to perform notarial acts with respect to electronic records. A
person may not require a notary public to perform a notarial act with respect to an electronic
record with a technology that the notary public has not selected.
new text end

new text begin Subd. 2. new text end

new text begin Notification. new text end

new text begin Before a notary public performs the notary public's initial notarial
act with respect to an electronic record, a notary public shall notify the commissioning
officer or agency that the notary public will be performing notarial acts with respect to
electronic records and identify the technology the notary public intends to use. If the
commissioning officer or agency has established standards for approval of technology
pursuant to section 358.77, the technology must conform to the standards. If the technology
conforms to the standards, the commissioning officer or agency shall approve the use of
the technology.
new text end

Sec. 22.

new text begin [358.71] COMMISSION AS NOTARY PUBLIC.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin An individual qualified under subdivision 2 may apply to
the commissioning officer or agency for a commission as a notary public. The applicant
shall comply with and provide the information required by rules established by the
commissioning officer or agency and pay any application fee.
new text end

new text begin Subd. 2. new text end

new text begin Qualifications. new text end

new text begin An applicant for a commission as a notary public must:
new text end

new text begin (1) be at least 18 years of age;
new text end

new text begin (2) be a citizen or permanent legal resident of the United States;
new text end

new text begin (3) be a resident of or have a place of employment or practice in this state;
new text end

new text begin (4) be able to read and write English;
new text end

new text begin (5) not be disqualified to receive a commission under section 358.73; and
new text end

new text begin (6) have passed the examination required under section 358.72, subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Oath of office. new text end

new text begin Before issuance of a commission as a notary public, an applicant
for the commission shall execute an oath of office and submit it to the commissioning officer
or agency.
new text end

new text begin Subd. 4. new text end

new text begin Surety bond. new text end

new text begin Not more than 30 days after issuance of a commission as a notary
public, the notary public shall submit to the commissioning officer or agency an assurance
in the form of a surety bond or its functional equivalent in the amount of $........ The assurance
must be issued by a surety or other entity licensed or authorized to do business in this state.
The assurance must cover acts performed during the term of the notary public's commission
and must be in the form prescribed by the commissioning officer or agency. If a notary
public violates law with respect to notaries public in this state, the surety or issuing entity
is liable under the assurance. The surety or issuing entity shall give 30 days' notice to the
commissioning officer or agency before canceling the assurance. The surety or issuing entity
shall notify the commissioning officer or agency not later than 30 days after making a
payment to a claimant under the assurance. A notary public may perform notarial acts in
this state only during the period that a valid assurance is on file with the commissioning
officer or agency.
new text end

new text begin Subd. 5. new text end

new text begin Term of commission. new text end

new text begin Upon compliance with this section, the commissioning
officer or agency shall issue a commission as a notary public to an applicant for a term of
... years.
new text end

new text begin Subd. 6. new text end

new text begin No immunity or benefit. new text end

new text begin A commission to act as a notary public authorizes
the notary public to perform notarial acts. The commission does not provide the notary
public any immunity or benefit conferred by law of this state on public officials or employees.
new text end

Sec. 23.

new text begin [358.72] EXAMINATION OF NOTARY PUBLIC.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin An applicant for a commission as a notary public who
does not hold a commission in this state must pass an examination administered by the
commissioning officer or agency or an entity approved by the commissioning officer or
agency. The examination must be based on the course of study described in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Course of study. new text end

new text begin The commissioning officer or agency or an entity approved
by the commissioning officer or agency shall offer regularly a course of study to applicants
who do not hold commissions as notaries public in this state. The course must cover the
laws, rules, procedures, and ethics relevant to notarial acts.
new text end

Sec. 24.

new text begin [358.73] GROUNDS TO DENY, REFUSE TO RENEW, REVOKE,
SUSPEND, OR CONDITION COMMISSION OF NOTARY PUBLIC.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The commissioning officer or agency may deny, refuse to
renew, revoke, suspend, or impose a condition on a notary public for any act or omission
that demonstrates an individual lacks the honesty, integrity, competence, or reliability to
act as a notary public, including:
new text end

new text begin (1) failure to comply with sections 358.51 to 358.80;
new text end

new text begin (2) fraudulent, dishonest, or deceitful misstatement or omission in the application for a
commission as a notary public submitted to the commissioning officer or agency;
new text end

new text begin (3) a conviction of the applicant or notary public of any felony or a crime involving
fraud, dishonesty, or deceit;
new text end

new text begin (4) a finding against, or admission of liability by, the applicant or notary public in any
legal proceeding or disciplinary action based on the applicant's or notary public's fraud,
dishonesty, or deceit;
new text end

new text begin (5) failure by the notary public to discharge any duty required of a notarial officer,
whether by sections 358.51 to 358.80, rules of the commissioning officer or agency, or any
federal or state law;
new text end

new text begin (6) use of false or misleading advertising or representation by the notary public
representing that the notary has a duty, right, or privilege that the notary does not have;
new text end

new text begin (7) violation by the notary public of a rule of the commissioning officer or agency
regarding a notary public;
new text end

new text begin (8) denial, refusal to renew, revocation, suspension, or conditioning of a notary public
commission in another state; or
new text end

new text begin (9) failure of the notary public to maintain an assurance as provided in section 358.71,
subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Notice and hearing. new text end

new text begin If the commissioning officer or agency denies, refuses to
renew, revokes, suspends, or imposes conditions on a commission as a notary public, the
applicant or notary public is entitled to timely notice and hearing in accordance with chapter
14.
new text end

new text begin Subd. 3. new text end

new text begin Other remedies. new text end

new text begin The authority of the commissioning officer or agency to deny,
refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public
does not prevent a person from seeking and obtaining other criminal or civil remedies
provided by law.
new text end

Sec. 25.

new text begin [358.74] DATABASE OF NOTARIES PUBLIC.
new text end

new text begin The commissioning officer or agency shall maintain an electronic database of notaries
public:
new text end

new text begin (1) through which a person may verify the authority of a notary public to perform notarial
acts; and
new text end

new text begin (2) which indicates whether a notary public has notified the commissioning officer or
agency that the notary public will be performing notarial acts on electronic records.
new text end

Sec. 26.

new text begin [358.75] PROHIBITED ACTS.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin A commission as a notary public does not authorize an
individual to:
new text end

new text begin (1) assist persons in drafting legal records, give legal advice, or otherwise practice law;
new text end

new text begin (2) act as an immigration consultant or an expert on immigration matters;
new text end

new text begin (3) represent a person in a judicial or administrative proceeding relating to immigration
to the United States, United States citizenship, or related matters; or
new text end

new text begin (4) receive compensation for performing any of the activities listed in this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin False or deceptive advertising. new text end

new text begin A notary public may not engage in false or
deceptive advertising.
new text end

new text begin Subd. 3. new text end

new text begin Terms. new text end

new text begin A notary public, other than an attorney licensed to practice law in this
state, may not use the term "notario" or "notario publico."
new text end

new text begin Subd. 4. new text end

new text begin Unauthorized practice of law. new text end

new text begin A notary public, other than an attorney licensed
to practice law in this state, may not advertise or represent that the notary public may assist
persons in drafting legal records, give legal advice, or otherwise practice law. If a notary
public who is not an attorney licensed to practice law in this state in any manner advertises
or represents that the notary public offers notarial services, whether orally or in a record,
including broadcast media, print media, and the Internet, the notary public shall include the
following statement, or an alternate statement authorized or required by the commissioning
officer or agency, in the advertisement or representation, prominently and in each language
used in the advertisement or representation: "I am not an attorney licensed to practice law
in this state. I am not allowed to draft legal records, give advice on legal matters, including
immigration, or charge a fee for those activities." If the form of advertisement or
representation is not broadcast media, print media, or the Internet, and does not permit the
inclusion of the statement required by this subdivision because of size, it must be prominently
displayed or provided at the place of performance of the notarial act before the notarial act
is performed.
new text end

new text begin Subd. 5. new text end

new text begin Withholding access to, or possession of, an original record. new text end

new text begin Except as
otherwise allowed by law, a notary public may not withhold access to or possession of an
original record provided by a person that seeks performance of a notarial act by the notary
public.
new text end

Sec. 27.

new text begin [358.76] VALIDITY OF NOTARIAL ACTS.
new text end

new text begin Except as otherwise provided in section 358.54, subdivision 2, the failure of a notarial
officer to perform a duty or meet a requirement specified in sections 358.51 to 358.80 does
not invalidate a notarial act performed by the notarial officer. The validity of a notarial act
under sections 358.51 to 358.80 does not prevent an aggrieved person from seeking to
invalidate the record or transaction that is the subject the notarial act or from seeking other
remedies based on law of this state other than sections 358.51 to 358.80 or law of the United
States. This section does not validate a purported notarial act performed by an individual
who does not have the authority to perform notarial acts.
new text end

Sec. 28.

new text begin [358.77] RULES.
new text end

new text begin Subdivision 1. new text end

new text begin Authority to adopt. new text end

new text begin The commissioning officer or agency may adopt
rules to implement sections 358.51 to 358.80. 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:
new text end

new text begin (1) prescribe the manner of performing notarial acts regarding tangible and electronic
records;
new text end

new text begin (2) include provisions to ensure that any change to or tampering with a record bearing
a certificate of a notarial act is self-evident;
new text end

new text begin (3) include provisions to ensure integrity in the creation, transmittal, storage, or
authentication of electronic records or signatures;
new text end

new text begin (4) 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;
new text end

new text begin (5) include provisions to prevent fraud or mistake in the performance of notarial acts;
new text end

new text begin (6) establish the process for approving and accepting surety bonds and other forms of
assurance under section 358.71, subdivision 4; and
new text end

new text begin (7) provide for the administration of the examination under section 358.72, subdivision
1, and the course of study under section 358.72, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Electronic records rules. new text end

new text begin In adopting, amending, or repealing rules about
notarial acts with respect to electronic records, the commissioning officer or agency shall
consider, so far as is consistent with sections 358.51 to 358.80:
new text end

new text begin (1) the most recent standards regarding electronic records promulgated by national
bodies, such as the National Association of Secretaries of State;
new text end

new text begin (2) standards, practices, and customs of other jurisdictions that substantially enact sections
358.51 to 358.80; and
new text end

new text begin (3) the views of governmental officials and entities and other interested persons.
new text end

Sec. 29.

new text begin [358.78] NOTARY PUBLIC COMMISSION IN EFFECT.
new text end

new text begin A commission as a notary public in effect on the effective date of sections 358.51 to
358.80 continues until its date of expiration. A notary public who applies to renew a
commission as a notary public on or after the effective date of sections 358.51 to 358.80 is
subject to and shall comply with sections 358.51 to 358.80. A notary public, in performing
notarial acts after the effective date of sections 358.51 to 358.80, shall comply with sections
358.51 to 358.80.
new text end

Sec. 30.

new text begin [358.79] SAVINGS CLAUSE.
new text end

new text begin Sections 358.51 to 358.80 do not affect the validity or effect of a notarial act performed
before the effective date of sections 358.51 to 358.80.
new text end

Sec. 31.

new text begin [358.80] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND
NATIONAL COMMERCE ACT.
new text end

new text begin Sections 358.51 to 358.80 modify, limit, and supersede the Electronic Signatures in
Global and National Commerce Act, United States Code, title 15, section 7001, et seq., but
do not modify, limit, or supersede section 101(c) of that act, United States Code, title 15,
section 7001(c), or authorize electronic delivery of any of the notices described in section
103(b) of that act, United States Code, title 15, section 7003(b).
new text end

Sec. 32. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 358.41; 358.42; 358.43; 358.44; 358.45; 358.46;
358.47; 358.48; and 358.49,
new text end new text begin are repealed.
new text end

Sec. 33. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective August, 1, 2018.
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2016, section 5.15, is amended to read:


5.15 ONLINE SIGNATURES, ACKNOWLEDGMENT OR NOTARIZATION
ON DOCUMENTS; PENALTIES OF PERJURY.

(a) No document submitted to the Office of the Secretary of State shall be required to
be notarized. Signing a document submitted to the secretary of state constitutes
"acknowledgment" as defined in section deleted text begin358.41, clause (2)deleted text endnew text begin 358.52, subdivision 2new text end, and
"verification upon oath or affirmation" as defined in section deleted text begin358.41, clause (3)deleted text endnew text begin 358.52,
subdivision 3
new text end. A person who signs a document submitted to the secretary of state without
authority to sign that document or who signs the document knowing that the document is
false in any material respect is subject to the penalties of perjury set forth in section 609.48.

(b) Any document submitted to the Office of the Secretary of State online may be signed
by any person as agent of any person whose signature is required by law. The signing party
must indicate on the application that the person is acting as the agent of the person whose
signature would be required and that the person has been authorized to sign on behalf of
the applicant. The name of the person signing, entered on the online application, constitutes
a valid signature by such an agent.

(c) Any document relating to a filing by a business entity or assumed name, or the filing
of a document under chapter 270C, 272, 336, or 336A, submitted to the Office of the
Secretary of State on paper may be signed by any person as agent of any person whose
signature is required by law. The signing party must indicate on the document that it is
acting as the agent of the person whose signature would be required and that it has been
authorized to sign on behalf of that person.

Sec. 2.

Minnesota Statutes 2016, section 325K.23, subdivision 1, is amended to read:


Subdivision 1.

Certificates.

Unless otherwise provided by law or contract, a certificate
issued by a licensed certification authority satisfies the requirement for an acknowledgment
pursuant to section deleted text begin358.41deleted text endnew text begin 358.52new text end of a digital signature verified by reference to the public
key listed in the certificate, regardless of whether words of an express acknowledgment
appear with the digital signature and regardless of whether the signer physically appeared
before the certification authority when the digital signature was created, if that digital
signature is:

(1) verifiable by that certificate; and

(2) affixed when that certificate was valid.

Sec. 3.

Minnesota Statutes 2016, section 358.116, is amended to read:


358.116 COURT DOCUMENTS.

Unless specifically required by court rule, a pleading, motion, affidavit, or other document
filed with a court of the Minnesota judicial branch is not required to be notarized. Signing
a document filed with the court constitutes "verification upon oath or affirmation" as defined
in section deleted text begin358.41, clause (3)deleted text endnew text begin 358.52new text end, without administration of an oath under section 358.07,
provided that the signature, as defined by court rules, is affixed immediately below a
declaration using substantially the following language: "I declare under penalty of perjury
that everything I have stated in this document is true and correct." In addition to the signature,
the date of signing and the county and state where the document was signed shall be noted
on the document. A person who signs knowing that the document is false in any material
respect is guilty of perjury under section 609.48, even if the date, county, and state of signing
are omitted from the document.

Sec. 4.

Minnesota Statutes 2016, section 358.50, is amended to read:


358.50 EFFECT OF ACKNOWLEDGMENT.

An acknowledgment made in a representative capacity as defined in section deleted text begin358.41,
clause (4)
deleted text endnew text begin 358.52, subdivision 5new text end, and certified substantially in the form prescribed in this
chapter is prima facie evidence that the instrument or electronic record was executed and
delivered with proper authority and as the act of the person or entity represented and
identified in the instrument or electronic record.

Sec. 5.

Minnesota Statutes 2016, section 359.01, subdivision 5, is amended to read:


Subd. 5.

Registration to perform electronic notarizations.

Before performing electronic
notarial acts, a notary public shall register the capability to notarize electronically with the
secretary of state. Before performing electronic notarial acts after recommissioning, a notary
public shall reregister with the secretary of state. The requirements of this chapter relating
to electronic notarial acts do not apply to notarial acts performed under sections 358.15,
paragraph (a), clause (4), and deleted text begin358.43, paragraph (a), clause (2)deleted text endnew text begin 358.60, subdivision 1, clause
(2)
new text end.

Sec. 6.

Minnesota Statutes 2016, section 507.24, subdivision 2, is amended to read:


Subd. 2.

Original signatures required.

(a) Unless otherwise provided by law, an
instrument affecting real estate that is to be recorded as provided in this section or other
applicable law must contain the original signatures of the parties who execute it and of the
notary public or other officer taking an acknowledgment. However, a financing statement
that is recorded as a filing pursuant to section 336.9-502(b) need not contain: (1) the
signatures of the debtor or the secured party; or (2) an acknowledgment. An instrument
acknowledged in a representative capacity as defined in section deleted text begin358.41deleted text endnew text begin 358.52new text end on behalf
of a corporation, partnership, limited liability company, or trust that is otherwise entitled
to be recorded shall be recorded if the acknowledgment made in a representative capacity
is substantially in the form prescribed in chapter 358, without further inquiry into the
authority of the person making the acknowledgment.

(b) Any electronic instruments, including signatures and seals, affecting real estate may
only be recorded in conformance with standards implemented by the Electronic Real Estate
Recording Commission created under the Minnesota Real Property Electronic Recording
Act, sections 507.0941 to 507.0948. The Electronic Real Estate Recording Commission
created under the Minnesota Real Property Electronic Recording Act may adopt or amend
standards set by the task force created in Laws 2000, chapter 391, and the Electronic Real
Estate Recording Task Force created under Laws 2005, chapter 156, article 2, section 41,
and may set new or additional standards to the full extent permitted in section 507.0945.
Documents recorded in conformity with the standards created as part of a pilot project for
the electronic filing of real estate documents implemented by the task force created in Laws
2000, chapter 391, or by the Electronic Real Estate Recording Task Force created under
Laws 2005, chapter 156, article 2, section 41, are deemed to meet the requirements of this
section.

(c) Notices filed pursuant to section 168A.141, subdivisions 1 and 3, need not contain
an acknowledgment.

Sec. 7.

Minnesota Statutes 2016, section 508.48, is amended to read:


508.48 INSTRUMENTS AFFECTING TITLE FILED WITH REGISTRAR;
NOTICE.

(a) Every conveyance, lien, attachment, order, decree, or judgment, or other instrument
or proceeding, which would affect the title to unregistered land under existing laws, if
recorded, or filed with the county recorder, shall, in like manner, affect the title to registered
land if filed and registered with the registrar in the county where the real estate is situated,
and shall be notice to all persons from the time of such registering or filing of the interests
therein created. Neither the reference in a registered instrument to an unregistered instrument
or interest nor the joinder in a registered instrument by a party or parties with no registered
interest shall constitute notice, either actual or constructive, of an unregistered interest.

(b) An instrument acknowledged in a representative capacity as defined in section deleted text begin358.41deleted text endnew text begin
358.52
new text end on behalf of a corporation, partnership, limited liability company, or trust that is
otherwise entitled to be recorded shall be recorded if the acknowledgment made in a
representative capacity is substantially in the form prescribed in chapter 358, without further
inquiry into the authority of the person making the acknowledgment.

Sec. 8.

Minnesota Statutes 2016, section 508A.48, is amended to read:


508A.48 FILED INSTRUMENT AFFECTING TITLE IS NOTICE.

(a) Every conveyance, lien, attachment, order, decree, or judgment, or other instrument
or proceeding, which would affect the title to unregistered land under existing laws, if
recorded, or filed with the county recorder, shall, in like manner, affect the title to land
registered under sections 508A.01 to 508A.85 if filed and registered with the registrar in
the county where the real estate is situated, and shall be notice to all persons from the time
of the registering or filing of the interests therein created. Neither the reference in a registered
instrument to an unregistered instrument or interest nor the joinder in a registered instrument
by a party or parties with no registered interest shall constitute notice, either actual or
constructive, of an unregistered interest.

(b) An instrument acknowledged in a representative capacity as defined in section deleted text begin358.41deleted text endnew text begin
358.52
new text end on behalf of a corporation, partnership, limited liability company, or trust that is
otherwise entitled to be recorded shall be recorded if the acknowledgment made in a
representative capacity is substantially in the form prescribed in chapter 358, without further
inquiry into the authority of the person making the acknowledgment.

APPENDIX

Repealed Minnesota Statutes: 17-0305

358.41 DEFINITIONS.

As used in sections 358.41 to 358.49:

(1) "Notarial act" means any act that a notary public of this state is authorized to perform, and includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument. A notary public may perform a notarial act by electronic means.

(2) "Acknowledgment" means a declaration by a person that the person has executed an instrument or electronic record for the purposes stated therein and, if the instrument or electronic record is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.

(3) "Verification upon oath or affirmation" means a declaration that a statement is true made by a person upon oath or affirmation.

(4) "In a representative capacity" means:

(i) for and on behalf of a corporation, partnership, limited liability company, trust, or other entity, as an authorized officer, agent, partner, trustee, or other representative;

(ii) as a public officer, personal representative, guardian, or other representative, in the capacity recited in the instrument;

(iii) as an attorney in fact for a principal; or

(iv) in any other capacity as an authorized representative of another.

(5) "Notarial officer" means a notary public or other officer authorized to perform notarial acts.

(6) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(7) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.

358.42 NOTARIAL ACTS.

(a) In taking an acknowledgment, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument or electronic record.

(b) In taking a verification upon oath or affirmation, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the verification is the person whose true signature is made in the presence of the officer on the statement verified.

(c) In witnessing or attesting a signature the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the officer and named therein. When witnessing or attesting a signature, the officer must be present when the signature is made.

(d) In certifying or attesting a copy of a document, electronic record, or other item, the notarial officer must determine that the proffered copy is a full, true, and accurate transcription or reproduction of that which was copied.

(e) In making or noting a protest of a negotiable instrument or electronic record the notarial officer must determine the matters set forth in section 336.3-505.

(f) A notarial officer has satisfactory evidence that a person is the person whose true signature is on a document or electronic record if that person (i) is personally known to the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness personally known to the notarial officer, or (iii) is identified on the basis of identification documents.

358.43 NOTARIAL ACTS IN THIS STATE.

(a) A notarial act may be performed within this state by the following persons:

(1) a notary public of this state,

(2) a judge, court administrator, or deputy court administrator of any court of this state,

(3) a person authorized by the law of this state to administer oaths, or

(4) any other person authorized to perform the specific act by the law of this state.

(b) Notarial acts performed within this state under federal authority as provided in section 358.45 have the same effect as if performed by a notarial officer of this state.

(c) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

358.44 NOTARIAL ACTS IN OTHER JURISDICTIONS OF THE UNITED STATES.

(a) A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district, or possession of the United States by any of the following persons:

(1) a notary public of that jurisdiction;

(2) a judge, clerk, or deputy clerk of a court of that jurisdiction; or

(3) any other person authorized by the law of that jurisdiction to perform notarial acts.

(b) Notarial acts performed in other jurisdictions of the United States under federal authority as provided in section 358.45 have the same effect as if performed by a notarial officer of this state.

(c) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

(d) The signature and indicated title of an officer listed in subsection (a)(1) or (a)(2) conclusively establish the authority of a holder of that title to perform a notarial act.

358.45 NOTARIAL ACTS UNDER FEDERAL AUTHORITY.

(a) A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if performed anywhere by any of the following persons under authority granted by the law of the United States:

(1) a judge, clerk, or deputy clerk of a court;

(2) a commissioned officer on active duty in the military service of the United States;

(3) an officer of the foreign service or consular officer of the United States; or

(4) any other person authorized by federal law to perform notarial acts.

(b) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

(c) The signature and indicated title of an officer listed in subsection (a)(1), (a)(2), or (a)(3) conclusively establish the authority of a holder of that title to perform a notarial act.

358.46 FOREIGN NOTARIAL ACTS.

(a) A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by any of the following persons:

(1) a notary public or notary;

(2) a judge, clerk, or deputy clerk of a court of record; or

(3) any other person authorized by the law of that jurisdiction to perform notarial acts.

(b) An "Apostille" in the form prescribed by the Hague Convention of October 5, 1961, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

(c) A certificate by a foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by a foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act set forth in the certificate.

(d) An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the indicated title.

(e) An official stamp or seal of an officer listed in subsection (a)(1) or (a)(2) is prima facie evidence that a person with the indicated title has authority to perform notarial acts.

(f) If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

358.47 CERTIFICATE OF NOTARIAL ACTS.

(a) A notarial act must be evidenced by a certificate physically or electronically signed and dated by a notarial officer in a manner that attributes such signature to the notary public. The notary's name as it appears on the official notarial stamp and on any jurat or certificate of acknowledgment and in the notary's commission must be identical. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and must include the official notarial stamp, pursuant to section 359.03, except: (1) a plat as described in section 505.021; (2) a registered land survey as described in section 508.47 or 508A.47; or (3) a CIC plat or a supplemental CIC plat as described in chapter 515B shall be recorded regardless of whether a notary stamp was used or was illegible if used, if a certificate of notarial act that includes the jurisdiction of the notarial act, the name and title of the notarial officer, and the date the notary commission expires is printed in pen and ink or typewritten on the plat, the registered land survey, or the CIC plat or supplemental CIC plat. If the officer is a commissioned officer on active duty in the military service of the United States, it must also include the officer's rank.

(b) A certificate of a notarial act is sufficient if it is in English and meets the requirements of subsection (a) and it:

(1) is in the short form set forth in section 358.48;

(2) is in a form otherwise prescribed by the law of this state;

(3) is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or

(4) sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.

(c) By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determinations required by section 358.42.

358.48 SHORT FORMS.

The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 358.47, subsection (a):

(1) For an acknowledgment in an individual capacity;

State of .
County of .

This instrument was acknowledged before me on ..........(date) by ....................(name(s) of person(s)).

.
(Signature of notarial officer)
(Stamp)
.
Title (and Rank)
My commission expires: .

(2) For an acknowledgment in a representative capacity:

State of .
County of .

This instrument was acknowledged before me on ..........(date) by ....................(name(s) of person(s)) as ........................................(type of authority, e.g., officer, trustee, etc.) of ............................. .................(name of party on behalf of whom the instrument was executed).

.
(Signature of notarial officer)
(Stamp)
.
Title (and Rank)
My commission expires: .

(3) For a verification upon oath or affirmation:

State of .
County of .

Signed and sworn to (or affirmed) before me on .........(date) by ...................(name(s) of person(s) making statement).

.
(Signature of notarial officer)
(Stamp)
.
Title (and Rank)
My commission expires: .

(4) For witnessing or attesting a signature:

State of .
County of .

Signed or attested before me on ..........(date) by ....................(name(s) of person(s)).

.
(Signature of notarial officer)
(Stamp)
.
Title (and Rank)
My commission expires: .

(5) For attestation of a copy of a document:

State of .
County of .

I certify that this is a true and correct copy of a document in the possession of .................... .

Dated: .
.
(Signature of notarial officer)
(Stamp)
.
Title (and Rank)
My commission expires: .

358.49 SHORT TITLE.

Sections 358.41 to 358.49 may be cited as the "Uniform Law on Notarial Acts."