Colorado § 24-21-521 - Commission as notary public - qualifications - no immunity or benefit.

§ 24-21-521. Commission as notary public - qualifications - no immunity or benefit.

(1) An individual qualified under subsection (3) of this section may apply to the secretary of state for a commission as a notary public. The applicant shall comply with and provide the information required by rules established by the secretary of state and pay any application fee. In accordance with section 24-21-111 (1), the secretary of state may require, at the secretary of state's discretion, the application required by this section, and any renewal of the application, to be made by electronic means designated by the secretary of state.

(2) In accordance with section 42-1-211, the department of state and the department of revenue shall allow for the exchange of information and data collected by the systems used by the departments to collect information on legal names and signatures of all applicants for driver's licenses or state identification cards.

(3) An applicant for a commission as a notary public must:

(a) Be at least eighteen years of age;

(b) Be a citizen or permanent legal resident of the United States or otherwise lawfully present in the United States;

(c) Be a resident of or have a place of employment or practice in this state;

(d) Be able to read and write English;

(e) Not be disqualified to receive a commission under section 24-21-523; and

(f) Have passed the examination required under section 24-21-522 (1).

(4) The secretary of state shall verify the lawful presence in the United States of each applicant by:

(a) Accepting one of the following documents from the applicant:

(I) A United States military card or a military dependent's identification card;

(II) A United States Coast Guard Merchant Mariner card;

(III) A Native American tribal document;

(IV) A valid Colorado driver's license or a Colorado identification card issued pursuant to article 2 of title 42, unless the applicant holds a license or card issued pursuant to part 5 of article 2 of title 42;

(V) A valid driver's license or identification card issued by another state, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States that is compliant with the federal "REAL ID Act", as amended;

(VI) A valid United States passport;

(VII) A valid United States permanent resident card; or

(VIII) Any other valid type of identification that requires proof of lawful presence in the United States to obtain; and

(b) Executing an affidavit stating that the applicant is:

(I) A United States citizen or legal permanent resident; or

(II) Otherwise lawfully present in the United States pursuant to federal law.

(5) Before issuance of a commission as a notary public, an applicant for the commission shall take the following affirmation in the presence of a person qualified to administer an affirmation in this state:

I, __(name of applicant)__, solemnly affirm, under the penalty of perjury in the second degree, as defined in section 18-8-503, Colorado Revised Statutes, that I have carefully read the notary law of this state, and, if appointed and commissioned as a notary public, I will faithfully perform, to the best of my ability, all notarial acts in conformance with the law.

(Signature of applicant)

Subscribed and affirmed before me this __________ day of __________, 20 _____.

(Official signature and seal of person qualified to administer affirmation)

(6) On compliance with this section, the secretary of state shall issue a commission as a notary public to an applicant for a term of four years, unless revoked in accordance with section 24-21-523. An applicant who has been denied appointment and commission may appeal the decision in accordance with article 4 of this title 24.

(7) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees.

Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 800, § 2, effective July 1, 2018. L. 2021: (4) amended, (SB 21-199), ch. 351, p. 2284, § 10, effective July 1, 2022.