Oklahoma § 49-113 - Taking acknowledgment or verification - Witnessing or

§ 49-113. Taking acknowledgment or verification - Witnessing or

attesting signature - Certifying or attesting copies - Making or

noting protest - Evidence of true signature.

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

Oklahoma Statutes - Title 49. Notaries Public

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 3509 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.

Added by Laws 1985, c. 131, § 3, eff. Nov. 1, 1985. Amended by Laws

2024, c. 226, § 2, eff. Nov. 1, 2024.