2006 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 or electronic record.
    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
or electronic record.
    Subd. 4. Certifying or attesting documents. 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.
    Subd. 5. Making or noting protests of negotiable instruments. 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.
    Subd. 6. Satisfactory evidence. 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.
    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.
    Subd. 8. Failure to appear before notary. A notarial officer may not notarize the physical
or electronic signature of any signer who is not in the presence of the notary at the time of
notarization.
History: 2000 c 483 s 53; 2006 c 260 art 7 s 10