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.

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 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.

D. 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. In the case of official records, only the custodian of the official records may issue an official certified copy.

E. In making or noting a protest of a negotiable instrument the notarial officer must determine the matters set forth in Section 3-509 of the Uniform Commercial Code.

F. A notarial officer has satisfactory evidence that a person is the person whose true signature is on a document if that person is personally known to the notarial officer, is identified upon the oath or affirmation of a credible witness personally known to the notarial officer or is identified on the basis of identification documents.

G. A notarial officer who performs a notarial act pursuant to this section without first making in good faith the required determination of the identity of the person appearing before the notary shall be guilty of a misdemeanor and upon conviction be subject to a fine not to exceed One Thousand Dollars ($1,000.00), to imprisonment in the county jail not to exceed ten (10) days, or both such fine and imprisonment.

Historical Data

Laws 1985, HB 1229, c. 131, § 3, eff. November 1, 1985; Amended by Laws 2024, SB 556, c. 226, § 2, eff. November 1, 2024 (superseded document available).