Coneise C.

A Notary’s duty is to screen the signers of important documents for their true identity, their willingness to sign without duress or intimidation, and their awareness of the contents of the document or transaction. Some notarizations also require the Notary to put the signer under an oath, declaring under penalty of perjury that the information contained in a document is true and correct. Property deeds, wills and powers of attorney are examples of documents that commonly require a Notary.

A notary’s duty is to be a neutral witness to the signing of documents. A notary makes sure that signers are who they say they are and have entered into agreements knowingly and willingly.

Notaries in Colorado can administer oaths and affirmations and certify copies. They can also take acknowledgements, depositions, witness signatures, affidavits, verifications, and other sworn testimony or statements.

Oaths and affirmations are both pledges sworn to before a notary public attesting to the truth of a given statement. An oath calls upon a supreme being as a witness, while an affirmation is made under penalty of perjury.

In an acknowledgment, the notary is guaranteeing that:

The signer was in the notary’s presence,

The notary identified the signer, and

The signer acknowledged that the signature on the document is his or hers.

Technically, acknowledgments don’t have to be signed in the notary’s presence. However, the notarization must take place in the signer’s presence.

When a signer signs a document in a notary’s physical presence, the notary has witnessed a signature. The certificate may use words such as “signed before me”.

The signer was in the notary’s presence,

The notary identified the signer, and

The notary watched the signer sign.

An electronic notarization is a document in electronic format that is signed and notarized electronically, then filed or transmitted electronically to its intended destination. It is used in transactions between private parties who agree to it.

Electronic notarization does not mean remote notarization. As with all notarizations, the signer must appear in the physical presence of the notary.

You must see an acceptable form of identification in order to have satisfactory evidence of identity.

Acceptable identification must:

Be an identification card or another form of government issued identification that is current or that has been expired for one year or less, and

Contain either the signer’s signature or signer’s photograph.

Satisfactory evidence can include the sworn written statement (affidavit, declaration, etc.) of a credible witness personally appearing before the notary. The credible witness must personally know the signer who lacks sufficient identification. The credible witness must also either (1) personally know the notary or (2) be identified by the notary using sufficient identification.

After notarizing the credible witness’s signed statement, the notary may opt to keep a copy but is not required to do so. As with all notarial acts, the notary must fully record the notarization in their journal and that journal entry is sufficient.

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A, N N. “What Is a Notary Public?” National Notary Association, 2018, www.nationalnotary.org/.

United States, Congress, Secretary of State, and Colorado Government. “C.R.S. Title 24 Government – State.” C.R.S. Title 24 Government – State, Published by Authority of Mary Estill Bushanan, Secretary of State, 1981, pp. 1–10000.

There are special restrictions for such notarizations. A notary may not notarize a will or codicil or any acknowledgment required under sections 15-11-502 or 15-11-504, C.R.S., except as specifically provided in the Colorado Uniform Electronic Wills Act (HB 21-1004, effective January 21, 2021; amended by SB 21-266, effective July 2, 2021), codified at sections 15-11-1301 to 15-11-1311, C.R.S.