2004 Minnesota Statutes

     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 governor will appoint and commission 
 notaries public and the secretary of state shall receive 
 applications for appointments and commissions, shall keep a 
 register of those persons appointed and commissioned as notaries 
 public by the governor with the advice and consent of the 
 senate, shall update that register when informed of a change in 
 name and address by a notary public, shall process applications 
 by a notary public for reappointment, shall receive fees for the 
 performance of these functions to be deposited into the general 
 fund, and shall perform those clerical and administrative duties 
 associated with these functions.  The governor may also receive 
 such applications directly. 

    Subd. 2.    Nonresident notaries.  (a) The governor, 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 secretary of state as agent 
 for the service of process for all purposes relating to notarial 
 acts and for receipt of all correspondence relating to notarial 
 acts. 

    (b) The secretary of state shall receive applications for 
 nonresident notary appointments and commissions, shall keep a 
 register of those persons appointed and commissioned as notaries 
 public by the governor with the advice and consent of the 
 senate, shall update that register when informed of a change in 
 name and address by a notary public, shall process applications 
 by a notary public for reappointment, shall receive fees for the 
 performance of these functions to be deposited into the general 
 fund, and shall perform those clerical and administrative duties 
 associated with these functions.  The governor may also receive 
 such applications directly. 

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

    (b) All fees shall be retained by the secretary of state 
 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; 2004 c 251 
 s 19 

*   NOTE:  The amendment to this section by Laws 2004, chapter 
*251, section 19, is effective July 1, 2005.  Laws 2004, chapter 
*251, section 23.