2005 Minnesota Statutes

     359.085 Standards of conduct for notarial acts. 

    Subdivision 1.    Acknowledgments.  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. 

    Subd. 2.    Verifications.  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 on the 
 statement verified. 

    Subd. 3.    Witnessing or attesting signatures.  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 in the document. 

    Subd. 4.    Certifying or attesting documents.  In 
 certifying or attesting a copy of a document 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. 

    Subd. 5.    Making or noting protests of negotiable 
 instruments.  In making or noting a protest of a negotiable 
 instrument, the notarial officer must determine the matters set 
 forth in section 336.3-505. 

    Subd. 6.    Satisfactory evidence.  A notarial officer 
 has satisfactory evidence that a person is the person whose true 
 signature is on a document 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. 

    Subd. 7.    Prohibited acts.  A notarial officer may not 
 acknowledge, witness or attest to the officer's own signature, 
 or take a verification of the officer's own oath or affirmation. 

    HIST: 2000 c 483 s 53