Instructions How to Become a Notary in Colorado Form
In the case of wanting to apply for the Notary Public position in the State of Colorado, follow the following instructions in the application process.
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NAPP_HELP Page 1 of 2 Rev. 8/1/2012
Instructions: Notary Public Application, New and Renewing Applicants
A notary public commission is an appointment to public office. It is your responsibi lity to
carefully read the laws regarding this profession before completing the application.
Complete every line. Correct and initial any changes made to information.
To avoid delays, please read and follow these instructions carefully.
Affirmation: You must sign a notarized affidavit that you are a United States citiz en, a
permanent resident in the Unite d States, or that you are lawfully present in the country by federal
law. Th is affidavit is included on the application form in the affirmation section.
Identification Requirements: You must show identification to give proof of legal name,
identity, age, a nd lawful presence in the United States. All identification documents presented in
person must be certified originals or true copies certified by the issuing agency.
Clear, readable photocopies of identification, front and back, are acceptable. If you have
questions about acceptable forms of identification, please contact the Notary Section. Acceptable
forms of identification include:
• Colorado Driver’s License
• Colorado ID Card
• U.S. Passport
• Valid Military ID / Common Access Card
• Native American Tr ibal ID card with photo
• Valid I -551 – Resident Alien or Permanent Resident Card that is verified using SAVE
• Systematic Alien Verification for Entitlements Program. If not a U.S. citizen, provide a
copy of your Permanent Resident Card or other documenta tion as proof of lawful
presence in the U.S.
Name: The name you use for your notary commission must be your legal name . It is important
to be consistent with your name. This name will be on your official commission certificate issued
by the Secretary of St ate and must be exactly the same on your notary seal stamp .
Seals, Stamps and Journals: The Secretary of State does not supply notary seal stamps, or
journals. You may order a seal or stamp by taking your notary certificate to any office supply
store.
Add ress: You must provide a physical street address as your residence address. You may
include a P.O. Box number, if you have one. If employed, you must provide your work address.
Notarization: Your affirmation must be notarized by another notary or other off icer authorized
to administer oaths. Make sure that the notary fills in the notarial certificate, signs his or her
notary signature, and places the commission expiration date and notary seal on the application.
NAPP_HELP Page 2 of 2 Rev. 8/1/2012
The Secretary of State rejects many applicati ons because the certifying notary’s signature does
not match the notary’s seal.
Submitting Your Application: Mail the original, notarized application with copies of
acceptable ID (both sides) and your training and testing certificates, if applicable, to th e Notary
Section at the address on the application form. If not paying online, enclose a check for the
application fee payable to the “Secretary of State”.
Certificate: Your certificate will be sent to you as an e -mail attachment if you provide an e -ma il
address. To have a certificate mailed to you, you must provide a self -addressed, stamped
envelope.
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COLORADO REVISED STATUTES TITLE 12
PROFESSIONS AND OCCUPATIONS GENERAL
ARTICLE 55
Notaries Public
PART 1
GENERAL PROVISIONS
12-55-101. Short title.
12-55-102. Definitions.
12-55-102.5. Disposition of fees.
12-55-103. Appointment - terms.
12-55-103.5. Training - rules.
12-55-104. Application - rules.
12-55-105. Applicant's affirmation.
12-55-106. Bond. (Repealed)
12-55-106.5. Notary's electronic signature -
secretary of state.
12-55-106.7. Pictorial notary public - secretary
of state - rules. (Repealed)
12-55-107. Revocation of commission.
12-55-108. Reappointment - failure to be
reappointed.
12-55-109. Certificate of appointment -
recording.
12-55-110. Powers and limitations.
12-55-110.3. Advertisements for services -
unauthorized practice of law - prohibited conduct -
penalties.
12-55-110.5. Accommodation of physical
limitations.
12-55-111. Journal.
12-55-112. Official signature - rubber stamp
seal - seal embosser - notary's electronic signatur e.
12-55-113. Lost journal or official seal.
12-55-114. Change of name or address.
12-55-115. Death - resignation - removal from
state.
12-55-116. Official misconduct by a notary
public - liability of notary or surety.
12-55-117. Willful impersonation.
12-55-118. Wrongful possession of journal or
seal.
12-55-119. Affirmation procedures - form.
12-55-120. Certified facsimiles of documents -
procedure and form.
12-55-121. Fees.
12-55-122. Applicability.
12-55-123. Repeal of article.
PART 2
UNIFORM RECOGNITION OF ACKNOWLEDGMENTS
12-55-201. Short title.
12-55-202. Definitions.
12-55-203. Recognition of notarial acts
performed outside this state.
12-55-204. Authentication of authority of
officer.
12-55-205. Certificate of person taking
acknowledgment.
12-55-206. Recognition of certificate of
acknowledgment.
12-55-207. Certificate of acknowledgment.
12-55-208. Short forms of acknowledgment.
12-55-209. Acknowledgments not affected by
this part 2.
12-55-210. Uniformity of interpretation.
12-55-211. Seals.
PART 3
UNIFORM UNSWORN FOREIGN DECLARATIONS ACT
12-55-301. Short title.
12-55-302. Definitions.
12-55-303. Applicability.
12-55-304. Validity of unsworn declaration.
12-55-305. Required medium.
12-55-306. Form of unsworn declaration.
12-55-307. Uniformity of application and
construction.
12-55-308. Relation to "Electronic Signatures
in Global and National Commerce Act".
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PART 1
GENERAL PROVISIONS
12-55-101. Short title. This part 1 shall be known and may be cited as the "Notaries
Public Act". 12-55-102. Definitions. As used in this part 1, unless the context otherwis e requires:
(1) "Attested" means subscribed, signed, acknowle dged, sworn to, affirmed, certified,
verified, or attested to and includes other words a nd phrases that have a substantially similar
meaning.
(2) "Electronic" means relating to technology hav ing electrical, digital, magnetic,
wireless, optical, electromagnetic, or similar capa bilities.
(3) "Electronic record" means a record containing information that is created, generated,
sent, communicated, received, or stored by electron ic means.
(4) "Electronic signature" means an electronic so und, symbol, or process attached to or
logically associated with an electronic record and executed or adopted by a person with the intent
to sign the electronic record.
(5) "Facsimile" means any copy, photocopy, facsim ile, replica, or other reproduction of a
document.
(6) "Misdemeanor involving dishonesty" means a vi olation of, or a conspiracy to violate,
a civil or criminal law involving fraud, dishonesty , bribery, perjury, larceny, theft, robbery,
extortion, forgery, counterfeiting, embezzlement, m isappropriation of property, or any other
offense adversely affecting such person's fitness t o serve as a notary public.
(7) "Notarial acts" means those acts that a notar y public is empowered to perform
pursuant to section 12-55-110 (1).
(8) "Notarization" means the performance of a not arial act.
(9) "Notary" or "notary public" means any individ ual appointed and commissioned to
perform notarial acts. 12-55-102.5. Disposition of fees. (1) The secretary of state shall collect all fees pursuant
to this article in the manner required by section 2 4-21-104 (3), C.R.S., and shall transmit them to
the state treasurer, who shall credit the same to t he department of state cash fund created in
section 24-21-104 (3) (b), C.R.S.
(2) The general assembly shall make annual approp riations from the department of state
cash fund for expenditures of the secretary of stat e incurred in the performance of the secretary of
state's duties under this article.
(3) and (4) (Deleted by amendment, L. 2012.)
(5) On August 8, 2012, the state treasurer shall transfer the unexpended and
unencumbered balance of the notary administration c ash fund to the department of state cash
fund. 12-55-103. Appointment - terms. Upon application pursuant to this part 1, the secre tary
of state may appoint and commission individuals as notaries public for a term of four years,
unless said commission is revoked as provided in se ction 12-55-107. An applicant who has been
denied appointment and commission may appeal such d ecision pursuant to article 4 of title 24,
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C.R.S. The secretary of state shall promptly notify the applicant in writing of such denial.
12-55-103.5. Training - rules. (1) The office of the secretary of state may enter into a
contract with a private contractor or contractors t o conduct notary training programs. The
contractor or contractors may charge a fee for any such training program.
(2) The office of the secretary of state may prom ulgate rules to require notaries public to
complete a training program. 12-55-104. Application - rules. (1) Every applicant for appointment and commission as
a notary public shall complete an application form furnished by the secretary of state to be filed
with the secretary of state, stating:
(a) That the applicant is a resident of Colorado who is at least eighteen years of age;
(b) That the applicant is able to read and write the English language;
(c) The addresses and telephone numbers of the ap plicant's business and residence in this
state;
(d) That the applicant's commission as a notary p ublic has never been revoked;
(e) That the applicant has not been convicted of a felony or, in the prior five years, a
misdemeanor that disqualifies him or her from being a notary public pursuant to section 12-55-
107 (1) (b).
(2) The application shall include a sample of the applicant's official signature, the
applicant's typed legal name, and the affirmation a s provided in section 12-55-105.
(3) Subject to subsection (2) of this section, th e secretary of state shall ensure, at the
earliest practicable time, that an application purs uant to this article may be delivered
electronically. All such applications shall be stor ed by the secretary of state in a medium that is
retrievable by the secretary of state in perceivabl e form.
(4) On and after July 1, 2009, the secretary of s tate shall verify the lawful presence in the
United States of each applicant through the verific ation process outlined in section 24-76.5-103
(4), C.R.S.
(5) In accordance with section 24-21-111 (1), C.R .S., the secretary of state may require,
at the secretary of state's discretion, the applica tion required by this section, and any renewal of
the application, to be made by electronic means des ignated by the secretary of state. The
secretary of state may promulgate rules for use of the electronic filing system in accordance with
article 4 of title 24, C.R.S.
(6) In accordance with section 42-1-211, C.R.S., the department of state and the
department of revenue shall allow for the exchange of information between the systems used by
the departments to collect information on legal nam es and signatures of all applicants for driver's
licenses or state identification cards. 12-55-105. Applicant's affirmation. Every applicant for appointment and commission
as a notary public shall take the following affirma tion in the presence of a person qualified to
administer an affirmation in this state:
"I, (name of applicant) solemnly affir m, under the penalty of perjury in the second
degree, as defined in section 18-8-503, Colorado Re vised Statutes, that I have carefully read the
notary law of this state, and, if appointed and com missioned as a notary public, I will faithfully
perform, to the best of my ability, all notarial ac ts in conformance with the law.
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(signature of applicant)
Subscribed and affirmed before me this day of , 20 .
(official signature and seal of person qualif ied to administer affirmation) ."
12-55-106. Bond. (Repealed)
12-55-106.5. Notary's electronic signature - secre tary of state. (1) In every instance,
the electronic signature of a notary public shall c ontain or be accompanied by the following
elements, all of which shall be immediately percept ible and reproducible in the electronic record
to which the notary's electronic signature is attac hed: The notary's name; the words "NOTARY
PUBLIC" and "STATE OF COLORADO"; a document authent ication number issued by the
secretary of state; and the words "my commission ex pires" followed by the expiration date of the
notary's commission. A notary's electronic signatur e shall conform to any standards promulgated
by the secretary of state.
(2) The secretary of state shall promulgate rules necessary to establish standards,
procedures, practices, forms, and records relating to a notary's electronic signature.
(3) To the extent the provisions of this part 1 d iffer from the requirements of the federal
"Electronic Signatures in Global and National Comme rce Act", 15 U.S.C. sec. 7001 et seq., the
provisions of this part 1 are intended to modify, l imit, or supercede the requirements of such act,
as provided for in section 7002 (a) of such act. 12-55-106.7. Pictorial notary public - secretary o f state - rules. (Repealed)
12-55-107. Revocation of commission. (1) The secretary of state or the secretary of
state's designee may deny the application of any pe rson for appointment or reappointment or take
disciplinary or nondisciplinary action against a no tary public if the notary public:
(a) Submits an application for commission and app ointment that contains substantial and
material misstatement or omission of fact;
(b) Is convicted of official misconduct under thi s part 1 or any felony or, in the prior five
years, a misdemeanor involving dishonesty;
(c) Fails to exercise the powers or perform the d uties of a notary public in accordance
with this part 1;
(d) Knowingly uses false or misleading advertisin g in which such notary represents that
such notary has powers, duties, rights, or privileg es that such notary does not possess by law;
(e) Is found by a court of this state to have eng aged in the unauthorized practice of law;
(f) Ceases to fulfill the requirements applicable to such notary's most recent appointment;
(g) Notarizes any blank document;
(h) Knowingly uses false or misleading advertisin g to represent a level of authority not
permitted to a notary public by law;
(i) Fails to comply with any term of suspension i mposed under this section; or
(j) Performs any notarial act when the notary pub lic's commission is suspended.
(1.5) Whenever the secretary of state or the secr etary of state's designee believes that a
violation of this article has occurred, the secreta ry of state or the secretary of state's designee ma y
investigate any such violation. The secretary of st ate or the secretary of state's designee may also
investigate possible violations of this article upo n a signed complaint from any person.
(2) For the purposes of this section, disciplinar y action may include the following:
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(a) Revocation of the notary public's commission;
(b) Suspension of the notary public's commission for a specified period of time, or until
the fulfillment of a condition, such as notary retr aining, or both.
(2.5) For the purposes of this section, nondiscip linary action includes the issuance of a
letter of admonition, which may be placed in the no tary public's file. The secretary of state or the
secretary of state's designee may issue a letter of admonition to a notary public when a complaint
or investigation results in a finding of misconduct that, in the secretary of state's discretion, does
not warrant initiation of a disciplinary proceeding .
(3) After a notary public receives notice from th e secretary of state or the secretary of
state's designee that such notary's commission has been revoked, and unless such revocation has
been enjoined, such notary shall immediately send o r have delivered to the secretary of state such
notary's journal of notarial acts, all other papers and copies relating to such notary's notarial acts ,
and such notary's official seal.
(4) A person whose notary commission has been rev oked pursuant to this part 1 may not
apply for or receive a commission and appointment a s a notary.
12-55-108. Reappointment - failure to be reappoint ed. Every notary public, before or
at the expiration of the notary's commission, may s ubmit an application for reappointment along
with only the information and documentation necessa ry to reflect any changes to the information
submitted in the notary's original application, fil ed pursuant to sections 12-55-104 and 12-55-
105, for the initial application. The secretary of state shall then determine whether or not to
reappoint the person as a notary public. If the sec retary of state determines not to reappoint the
applicant, the applicant may appeal the determinati on pursuant to article 4 of title 24, C.R.S.
12-55-109. Certificate of appointment - recording. (1) If a person meets the
application requirements of sections 12-55-104 and 12-55-105, the secretary of state may issue a
certificate of authority qualifying the person as a notary public. The certificate must state the date
of expiration of the commission and any other fact concerning the notary public that is required
by the laws of this state.
(2) A notary public may record his or her certifi cate of authority in any county of this
state and, after the recording, the county clerk an d recorder of the county may issue a certificate
that the person is a notary public, the date of exp iration of his or her commission, and any other
fact concerning the notary public that is required by the laws of this state.
(3) A notary public may exhibit to the judge or c lerk of any court of record his or her
certificate of authority, and the judge or clerk ma y thereupon issue a certificate that the person is
a notary public, the date of expiration of his or h er commission, and any other fact concerning the
notary that is required by the laws of this state. 12-55-110. Powers and limitations. (1) Every notary public is empowered to:
(a) Take acknowledgments and other unsworn statem ents, proof of execution, and attest
documents and electronic records;
(b) Administer oaths and affirmations;
(c) Give certificates or other statements as to a notarial act performed by such notary.
Such acts shall include, but are not limited to, th e giving of certificates as to, or certified copies
of, any record or other document relating to a nota rial act performed by such notary and
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certifying that a copy of a document is a true copy of another document or that a facsimile is a
true facsimile of another document in accordance wi th section 12-55-120.
(d) Take depositions, affidavits, verifications, and other sworn testimony or statements;
(d.5) Perform any other act that is recognized or otherwise given effect under the law,
rules, or regulations of another jurisdiction, incl uding the United States, provided such other law,
rule, or regulation authorizes a notary in this sta te to perform such act. However, no notary is
empowered to perform an act under this paragraph (d .5) if such performance is prohibited by the
law, rules, or regulations of this state.
(e) Perform any other act authorized by law, rule s, or regulations;
(f) Present and give notice of dishonor and prote st notes and other negotiable instruments
as provided in part 5 of article 3 of title 4, C.R. S., or the corresponding laws of another
jurisdiction.
(2) A notary public who has a disqualifying inter est in a transaction may not legally
perform any notarial act in connection with such tr ansaction. For the purposes of this section, a
notary public has a disqualifying interest in a tra nsaction in connection with which notarial
services are requested if he:
(a) May receive directly, and as a proximate resu lt of the notarization, any advantage,
right, title, interest, cash, or property exceeding in value the sum of any fee properly received in
accordance with this part 1; or
(b) Is named, individually, as a party to the tra nsaction.
(3) In no case shall a notary public notarize any blank document.
(4) No notary shall sign a certificate or other s tatements as to a notarial act to the effect
that a document or any part thereof was attested by an individual, unless:
(a) Such individual has attested such document or part thereof while in the physical
presence of such notary; and
(b) Such individual is personally known to such n otary as the person named in the
certificate, statement, document, or part thereof, or such notary receives satisfactory evidence that
such individual is the person so named. For purpose s of this paragraph (b), "satisfactory
evidence" includes but is not limited to the sworn statement of a credible witness who personally
knows such notary and the individual so named, or a current identification card or document
issued by a federal or state governmental entity co ntaining a photograph and signature of the
individual who is so named. 12-55-110.3. Advertisements for services - unautho rized practice of law - prohibited
conduct - penalties. (1) (a) A notary public who is not a licensed atto rney in the state of
Colorado and who advertises, including by signage, his or her services in a language other than
English shall include in the advertisement the foll owing notice, both in English and in the
language of the advertisement:
I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TH E STATE
OF COLORADO AND I MAY NOT GIVE LEGAL ADVICE OR ACCE PT
FEES FOR LEGAL ADVICE.
(b) All written advertisements shall include the language exactly as written in paragraph
(a) of this subsection (1). Such language shall be clearly visible. Oral advertisements or
solicitations, including those on radio or televisi on, shall contain the same message but shall not
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be required to use the exact language.
(2) A notary public who advertises in a language other than English shall post a list of
fees permitted by law for notarial services. Such l ist shall be written in English and in the
language of the advertisement and shall be posted i n a highly visible location at the notary's place
of business. Such list shall include the notice inc luded in paragraph (a) of subsection (1) of this
section.
(3) (a) A notary public who is not a licensed att orney in the state of Colorado shall not
represent or advertise himself or herself as an imm igration consultant or an expert on
immigration matters.
(b) A notary public who is not an attorney licens ed to practice law in Colorado is
prohibited from:
(I) Providing any service that constitutes the un authorized practice of law;
(II) Stating or implying that he or she is an att orney licensed to practice law in this state;
(III) Soliciting or accepting compensation to pre pare documents for or otherwise
represent the interest of another in a judicial or administrative proceeding, including a proceeding
relating to immigration to the United States, Unite d States citizenship, or related matters;
(IV) Soliciting or accepting compensation to obta in relief of any kind on behalf of
another from any officer, agency, or employee of th e state of Colorado or of the United States; or
(V) Using the phrase "notario" or "notario public o" to advertise the services of a notary
public, whether by sign, pamphlet, stationery, or o ther written communication or by radio,
television, or other nonwritten communication.
(4) Knowing and willful violation of the provisio ns of this section shall constitute a
deceptive trade practice pursuant to section 6-1-10 5, C.R.S., and shall also constitute official
misconduct pursuant to section 12-55-116. 12-55-110.5. Accommodation of physical limitations . (1) A notary public may certify
as to the subscription or signature of an individua l when it appears that such individual has a
physical limitation that restricts such individual' s ability to sign by writing or making a mark,
pursuant to the following:
(a) The name of an individual may be signed, or a ttached electronically in the case of an
electronic record, by another individual other than the notary public at the direction and in the
presence of the individual whose name is to be sign ed and in the presence of the notary public.
(b) The words "Signature written by" or "Signatur e attached by" in the case of an
electronic record, "(name of individual directed to sign or directed to attach) at the direction and
in the presence of (name as signed) on whose behalf the signature was written" or "attached
electronically" in the case of an electronic record , or words of substantially similar effect shall
appear under or near the signature.
(2) A notary public may use signals or electronic or mechanical means to take an
acknowledgment from, administer an oath or affirmat ion to, or otherwise communicate with any
individual in the presence of such notary public wh en it appears that such individual is unable to
communicate verbally or in writing. 12-55-111. Journal. (1) Every notary public shall keep a journal of ev ery notarial act of
the notary and, if required, give a certified copy of or a certificate as to any such journal or any o f
the notary's acts, upon payment of the notary's fee .
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(2) For each notarial act, a notary's journal shall contain the following information:
(a) The type and date of the notarial act;
(b) The title or type of document or proceeding t hat was notarized and the date of such
document or proceeding, if different than the date of the notarization;
(c) The name of each person whose oath, affirmati on, acknowledgment, affidavit,
declaration, deposition, protest, verification, or other statement is taken;
(d) The signature and address of each person whos e oath, affirmation, acknowledgment,
affidavit, declaration, deposition, protest, verifi cation, or other statement is taken;
(e) The signature, printed name, and address of e ach witness to the notarization;
(e.5) (Deleted by amendment, L. 2004, p. 1371, § 5, effective May 28, 2004.)
(f) Any other information the notary considers ap propriate to record that concerns the
notarial act.
(3) (a) Subsection (1) of this section shall not apply to any document or electronic record
where the original or a copy of such document or el ectronic record contains the information
otherwise required to be entered in the notary's jo urnal and such original or copy or electronic
record is retained by the notary's firm or employer in the regular course of business.
(b) Notwithstanding any provision of this subsect ion (3) to the contrary, no firm,
employer, or professionally licensed person shall p rohibit an employee who is a notary from
maintaining a journal of his or her notarial acts i n the regular course of business of such firm,
employer, or professionally licensed person.
(c) For purposes of this subsection (3), "firm" i ncludes but is not limited to an office
where the business of a real estate broker, lawyer, title insurance company, title insurance agent,
or other licensed professional is regularly carried on and the records of such business are
regularly maintained.
(4) Except as otherwise exempted by paragraph (a) of subsection (3) of this section or by
another law of this state, for each electronic reco rd or document signed by the notary public, the
notary public shall record the document authenticat ion number issued by the secretary of state for
each document authenticated in the journal pursuant to this section.
12-55-112. Official signature - rubber stamp seal - seal embosser - notary's
electronic signature. (1) At the time of notarization, a notary public s hall sign his or her official
signature on every notary certificate or, in the ca se of an electronic record, a notary public shall
affix his or her electronic signature.
(2) Under or near his or her official signature o n every notary certificate, a notary public
shall clearly and legibly stamp his or her official seal. The official notary seal must be
rectangular. The official notary seal shall contain only the outline of the seal and the following
information contained within the outline of the sea l:
(a) The printed legal name of the notary;
(b) The notary's identification number, the notar y's commission expiration date, the
words "STATE OF COLORADO"; and
(c) The words "NOTARY PUBLIC".
(2.3) The fact that a notary attests to an instru ment relating to real property by affixing a
notary seal that is not in compliance with this sec tion does not render the instrument or the
attestation invalid or ineffective, nor does it ren der a title unmarketable.
(2.5) A notary who obtained an official seal befo re August 8, 2012, may continue to use
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his or her seal until renewal of his or her notary commission.
(3) Repealed.
(4) A notary public shall not provide, keep, or u se a seal embosser.
(4.5) In the case of notarization of an electroni c record, the application of a notary's
electronic signature in lieu of a handwritten signa ture and rubber stamp seal is sufficient. A
notary shall not use an electronic signature unless :
(a) The notary uses a journal if maintaining the journal is required by section 12-55-111;
and
(b) The notary attaches to the document a documen t authentication number issued by the
secretary of state.
(5) The illegibility of any of the information re quired by this section does not affect the
validity of a document or transaction.
(6) For purposes of this section, "notary certifi cate" means a certificate or other statement
of a notary relating to a notarial act performed by the notary.
12-55-113. Lost journal or official seal. Every notary public shall send or have
delivered notice to the secretary of state within t hirty days after the notary loses or misplaces
such notary's journal of notarial acts, or official seal, or the notary becomes aware that any other
person has electronic control of his or her electro nic signature. The fee payable to the secretary of
state for recording notice of a lost journal, or se al, or that another person has electronic control o f
a notary's electronic signature shall be determined and collected pursuant to section 24-21-104
(3), C.R.S. 12-55-114. Change of name or address. (1) Every notary public shall notify the
secretary of state within thirty days after he or s he changes his or her name, business address, or
residential address. In the case of a name change, the notary public shall include a sample of the
notary's handwritten official signature on the noti ce. Pursuant to section 24-21-104 (3), C.R.S.,
the secretary of state shall determine the amount o f, and collect, the fee, payable to the secretary
of state, for recording notice of change of name or address.
(2) (Deleted by amendment, L. 2012.) 12-55-115. Death - resignation - removal from stat e. (1) If a notary public dies during
the term of the notary's appointment, the notary's heirs or personal representative, as soon as
reasonably possible after the notary's death, shall send or have delivered to the secretary of state
the deceased notary's journal of notarial acts and the notary's seal, if available.
(2) If a notary public no longer desires to be a notary public or has ceased to have a
business or residence address in this state, the no tary shall send or have delivered to the secretary
of state a letter of resignation, the notary's jour nal of notarial acts, and all other papers and copi es
relating to the notary's notarial acts, including t he notary's seal. The notary's commission shall
thereafter cease to be in effect. 12-55-116. Official misconduct by a notary public - liability of notary or
surety. (1) A notary public who knowingly and willfully vi olates the duties imposed by this part
1 commits official misconduct and is guilty of a cl ass 2 misdemeanor.
(2) A notary public and the surety or sureties on his bond are liable to the persons
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involved for all damages proximately caused by the notary's official misconduct.
(3) Nothing in this article shall be construed to deny a notary public the right to obtain a
surety bond or insurance on a voluntary basis to pr ovide coverage for liability.
12-55-117. Willful impersonation. Any person who acts as, or otherwise willfully
impersonates, a notary public while not lawfully ap pointed and commissioned to perform notarial
acts is guilty of a class 2 misdemeanor. 12-55-118. Wrongful possession of journal or seal. Any person who unlawfully
possesses and uses a notary's journal, an official seal, a notary's electronic signature, or any
papers, copies, or electronic records relating to n otarial acts is guilty of a class 3 misdemeanor.
12-55-119. Affirmation procedures - form. (1) If an affirmation is to be administered
by the notary public in writing, the person taking the affirmation shall sign his name thereto, and
the notary public shall write or print under the te xt of the affirmation the fact that the document
has been subscribed and affirmed, or sworn to befor e me in the county of , state of
Colorado, this day of , 20 .
(official signature, seal, and commission ex piration date of notary) .
(2) If an affirmation is to be administered by th e notary public in an electronic record, the
person taking the affirmation shall attach his or h er electronic signature thereto. Within the
affirmation, the notary shall add the fact that the document has been subscribed and affirmed, or
sworn to before me in the county of , sta te of Colorado, this day of , 20 .
(notary's electronic signature) .
12-55-120. Certified facsimiles of documents - pro cedure and form. (1) A notary
public may certify a facsimile of a document if the original of the document is exhibited to him,
together with a signed written request stating that :
(a) A certified copy or facsimile of the document cannot be obtained from the office of
any clerk and recorder of public documents or custo dian of documents in this state; and
(b) The production of a facsimile, preparation of a copy, or certification of a copy of the
document does not violate any state or federal law.
(2) The certification of a facsimile shall be sub stantially in the following form:
"State of , County (or City) of , I, (name of notary) , a Notary Public in
and for said state, do certify that on (date) , I carefully compared with the original the
attached facsimile of (type of document) an d the facsimile I now hold in my possession.
They are complete, full, true, and exact facsimiles of the document they purport to reproduce.
(official signature, official seal, and commis sion expiration date of notary) ."
12-55-121. Fees. (1) The fees of notaries public may be, but shall not exceed, five
dollars for each document attested by a person befo re a notary, except as otherwise provided by
law. The fee for each such document shall include t he following incidental services of such
notary:
(a) Receiving evidence of such person's identity as enumerated in section 12-55-110 (4);
(b) Administering an oath or affirmation to such person; and
(c) Signing and sealing a certificate or statemen t of such notary that is included in or
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attached to such document and evidences that the document was attested before such notary.
(2) In lieu of the fee authorized in subsection ( 1) of this section, a notary public may
charge a fee, not to exceed ten dollars, for the no tary's electronic signature.
12-55-122. Applicability. This part 1 shall apply to all applications, both n ew and for
reappointment, submitted to the office of secretary of state on or after July 1, 1981. Nothing in
this part 1 shall be construed to revoke any notary public commission existing on July 1, 1981.
12-55-123. Repeal of article. This article is repealed, effective July 1, 2018. P rior to
such repeal, the appointment function of the secret ary of state shall be reviewed as provided for
in section 24-34-104, C.R.S.
PART 2
UNIFORM RECOGNITION OF ACKNOWLEDGMENTS
12-55-201. Short title. This part 2 shall be known and may be cited as the "Uniform
Recognition of Acknowledgments Act". 12-55-202. Definitions. As used in this part 2, unless the context otherwis e requires:
(1) "Notarial acts" means acts which the laws and regulations of this state authorize
notaries public of this state to perform, including , but not limited to, the administering of oaths
and affirmations, taking proof of execution and ack nowledgments of instruments, and attesting
documents. 12-55-203. Recognition of notarial acts performed outside this state. (1) Notarial
acts may be performed outside this state for use in this state with the same effect as if performed
by a notary public of this state by the following p ersons authorized pursuant to the laws and
regulations of other governments, in addition to an y other person authorized by the laws and
regulations of this state:
(a) A notary public authorized to perform notaria l acts in the place in which the act is
performed;
(b) A judge, clerk, or deputy clerk of any court of record in the place in which the
notarial act is performed;
(c) An officer of the foreign service of the Unit ed States, a consular agent, or any other
person authorized by regulation of the United State s department of state to perform notarial acts
in the place in which the act is performed;
(d) A commissioned officer in active service with the armed forces of the United States
and any other person authorized by regulation of th e armed forces to perform notarial acts if the
notarial act is performed for one of the following or his dependents: A merchant seaman of the
United States, a member of the armed forces of the United States, or any other person serving
with or accompanying the armed forces of the United States; or
(e) Any other person authorized to perform notari al acts in the place in which the act is
performed.
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12-55-204. Authentication of authority of officer. (1) If the notarial act is performed
by any of the persons described in section 12-55-20 3 (1) (a) to (1) (d), other than a person
authorized to perform notarial acts by the laws or regulations of a foreign country, the signature,
rank, or title and serial number, if any, of the pe rson are sufficient proof of the authority of a
holder of that rank or title to perform the act. Fu rther proof of his authority is not required.
(2) If the notarial act is performed by a person authorized by the laws or regulations of a
foreign country to perform the act, there is suffic ient proof of the authority of that person to act
if:
(a) Either a foreign service officer of the Unite d States resident in the country in which
the act is performed or a diplomatic or consular of ficer of the foreign country resident in the
United States certifies that a person holding that office is authorized to perform the act;
(b) Either the official seal of the person perfor ming the notarial act is affixed to the
document, or, in the case of an electronic record, such information that is required in lieu of a
notary seal by the laws of the place granting notar ial authority to the person performing the
notarial act is attached to or logically associated with the document; or
(c) The title and indication of authority to perf orm notarial acts of the person appears
either in a digest of foreign law or in a list cust omarily used as a source of such information.
(3) If the notarial act is performed by a person other than one described in subsections (1)
and (2) of this section, there is sufficient proof of the authority of that person to act if the clerk of
a court of record in the place in which the notaria l act is performed certifies to the official
character of that person and to his authority to pe rform the notarial act.
(4) The signature and title of the person perform ing the act are prima facie evidence that
he is a person with the designated title and that t he signature is genuine.
12-55-205. Certificate of person taking acknowledg ment. (1) The person taking an
acknowledgment shall certify that:
(a) The person acknowledging appeared before him and acknowledged he executed the
instrument; and
(b) The person acknowledging was known to the per son taking the acknowledgment or
that the person taking the acknowledgment had satis factory evidence that the person
acknowledging was the person described in and who e xecuted the instrument.
12-55-206. Recognition of certificate of acknowled gment. (1) The form of a
certificate of acknowledgment used by a person whos e authority is recognized under section 12-
55-203 shall be accepted in this state if:
(a) The certificate is in a form prescribed by th e laws or regulations of this state; or
(b) The certificate is in a form prescribed by th e laws or regulations applicable in the
place in which the acknowledgment is taken; or
(c) The certificate contains the words "acknowled ged before me", or their substantial
equivalent. 12-55-207. Certificate of acknowledgment. (1) "Acknowledged before me" means:
(a) That the person acknowledging appeared before the person taking the
acknowledgment; and
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(b) That he acknowledged he executed the instrument; and
(c) That, in the case of:
(I) A natural person, he executed the instrument for the purposes therein stated;
(II) A corporation, the officer or agent acknowle dged he held the position or title set forth
in the instrument and certificate, he signed the in strument on behalf of the corporation by proper
authority, and the instrument was the act of the co rporation for the purpose therein stated;
(III) A partnership, the partner or agent acknowl edged he signed the instrument on behalf
of the partnership by proper authority and he execu ted the instrument as the act of the partnership
for the purposes therein stated;
(IV) A person acknowledging as principal by an at torney in fact, he executed the
instrument by proper authority as the act of the pr incipal for the purposes therein stated;
(V) A person acknowledging as a public officer, t rustee, administrator, guardian, or other
representative, he signed the instrument by proper authority and he executed the instrument in the
capacity and for the purposes therein stated; and
(d) That the person taking the acknowledgment eit her knew or had satisfactory evidence
that the person acknowledging was the person named in the instrument or certificate.
12-55-208. Short forms of acknowledgment. (1) The forms of acknowledgment set
forth in this section may be used and are sufficien t for their respective purposes under any law of
this state. The forms shall be known as "Statutory Short Forms of Acknowledgment" and may be
referred to by that name. The authorization of the following forms does not preclude the use of
other forms:
(a) For an individual acting in his own right:
"State of ..........
County of ..........
The foregoing instrument was acknowledged before me this (date) by (name of person
acknowledged).
(signature of person taking acknowledgment)
(title or rank)
(serial number, if any)";
(b) For a corporation:
"State of ..........
County of ..........
The foregoing instrument was acknowledged before me this (date) by (name of officer or agent,
title of officer or agent) of (name of corporation acknowledging) a (state or place of
incorporation, corporation, on behalf of the corpor ation.
(signature of person taking acknowledgment)
(title or rank)
(serial number, if any)";
(c) For a partnership:
"State of ..........
County of ..........
The foregoing instrument was acknowledged before me this (date) by (name of acknowledging
partner or agent), partner (or agent) on behalf of (name of partnership), a partnership.
(signature of person taking acknowledgment)
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(title or rank)
(serial number, if any)";
(d) For an individual acting as principal by an attorney in fact:
"State of ..........
County of ............
The foregoing instrument was acknowledged before me this (date) by (name of attorney-in-fact)
as attorney in fact on behalf of (name of principal ).
(signature of person taking acknowledgment)
(title or rank)
(serial number, if any)";
(e) By any public officer, trustee, or personal r epresentative:
"State of ..........
County of ..........
The foregoing instrument was acknowledged before me this (date) by (name and title of
position).
(signature of person taking acknowledgment)
(title or rank)
(serial number, if any)". 12-55-209. Acknowledgments not affected by this pa rt 2. A notarial act performed
prior to July 1, 1969, is not affected by this part 2. This part 2 provides an additional method of
proving notarial acts. Nothing in this part 2 dimin ishes or invalidates the recognition accorded to
notarial acts by other laws or regulations of this state.
12-55-210. Uniformity of interpretation. This part 2 shall be so interpreted as to make
uniform the laws of those states which enact it. 12-55-211. Seals. Whenever any law, rule, or regulation requires the use of a seal, it shall
be sufficient that a rubber stamp with a facsimile affixed thereon of the seal required to be used is
placed or stamped upon the document requiring the s eal with indelible ink or, in the case of an
electronic record, attachment of such information t hat is required in lieu of a notary seal by the
laws of the place granting notarial authority to th e person performing the notarial act shall be
sufficient in lieu of any other form of notary seal .
PART 3
UNIFORM UNSWORN FOREIGN DECLARATIONS ACT
12-55-301. Short title. This part 3 may be cited as the "Uniform Unsworn Fo reign
Declarations Act". 12-55-302. Definitions. In this part 3:
(1) "Boundaries of the United States" means the g eographic boundaries of the United
States, Puerto Rico, the United States Virgin Islan ds, and any territory or insular possession
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subject to the jurisdiction of the United States.
(2) "Law" includes the federal or a state constitution, a federal or state statute, a judicial
decision or order, a rule of court, an executive or der, and an administrative rule, regulation, or
order.
(3) "Record" means information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in perceivable form.
(4) "Sign" means, with present intent to authenti cate or adopt a record:
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record an electronic symbol, sound, or
process.
(5) "State" means a state of the United States, t he District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or i nsular possession subject to the jurisdiction of
the United States.
(6) "Sworn declaration" means a declaration in a signed record given under oath. The
term includes a sworn statement, verification, cert ificate, and affidavit.
(7) "Unsworn declaration" means a declaration in a signed record that is not given under
oath, but is given under penalty of perjury. 12-55-303. Applicability. This part 3 applies to an unsworn declaration by a declarant
who at the time of making the declaration is physic ally located outside the boundaries of the
United States whether or not the location is subjec t to the jurisdiction of the United States. This
part 3 does not apply to a declaration by a declara nt who is physically located on property that is
within the boundaries of the United States and subj ect to the jurisdiction of another country or a
federally recognized Indian tribe. 12-55-304. Validity of unsworn declaration. (a) Except as otherwise provided in
subsection (b) of this section, if a law of this st ate requires or permits use of a sworn declaration,
an unsworn declaration meeting the requirements of this part 3 has the same effect as a sworn
declaration.
(b) This part 3 does not apply to:
(1) A deposition;
(2) An oath of office;
(3) An oath required to be given before a specifi ed official other than a notary public;
(4) A declaration to be recorded pursuant to arti cle 35 of title 38, C.R.S., for the purposes
of conveying and recording title to real property o r a declaration required to be recorded for
purposes of registering title to real property purs uant to article 36 of title 38, C.R.S.; or
(5) An oath required by section 15-11-504, C.R.S. , for a self-proved will.
12-55-305. Required medium. If a law of this state requires that a sworn declar ation be
presented in a particular medium, an unsworn declar ation must be presented in that medium.
12-55-306. Form of unsworn declaration. An unsworn declaration under this part 3
must be in substantially the following form: I declare under penalty of perjury under the law of Colorado that the foregoing is
true and correct, and that I am physically located outside the geographic
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boundaries of the United States, Puerto Rico, the United States Virgin Islands, and
any territory or insular possession subject to the jurisdiction of the United States.
Executed on the____day of ______, _____,
(date) (month) (year)
at_________________________________
(city or other location, and state) (country)
_______________
(printed name)
_______________
(signature)
12-55-307. Uniformity of application and construct ion. In applying and construing
this uniform act, consideration must be given to th e need to promote uniformity of the law with
respect to its subject matter among states that ena ct it.
12-55-308. Relation to "Electronic Signatures in G lobal and National Commerce
Act". This part 3 modifies, limits, and supersedes the fe deral "Electronic Signatures in Global
and National Commerce Act", 15 U.S.C. sec. 7001, et seq., but does not modify, limit, or
supersede section 101 (c) of that act, 15 U.S.C. se c. 7001 (c), or authorize electronic delivery of
any of the notices described in section 103 (b) of that act, 15 U.S.C. sec. 7003 (b).
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