2007 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.
    Subd. 4. Application. The secretary of state shall prepare the application form for a
commission. The form may request personal information about the applicant, including, but not
limited to, relevant civil litigation, occupational license history, and criminal background, if any.
For the purposes of this section, "criminal background" includes, but is not limited to, criminal
charges, arrests, indictments, pleas, and convictions.
    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.
History: (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; 2005 c 156 art 2
s 37; 2006 c 260 art 7 s 5