Text: HF00258 Text: HF00260 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 259 1 2 1 3 AN ACT 1 4 RELATING TO THE DUTIES AND OFFICE OF THE SECRETARY OF STATE 1 5 IN COMMISSIONING NOTARIAL OFFICERS. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 9E.3, Code 2001, is amended by adding 1 10 the following new subsection: 1 11 NEW SUBSECTION. 4. A person shall not be appointed as a 1 12 notary public by the secretary of state unless the person is 1 13 at least eighteen years of age and not disqualified from 1 14 voting as provided in section 48A.6. 1 15 Sec. 2. Section 9E.6, subsection 3, Code 2001, is amended 1 16 by striking the subsection. 1 17 Sec. 3. NEW SECTION. 9E.6A ACQUISITION AND USE OF STAMP 1 18 OR SEAL. 1 19 1. Each person performing a notarial act pursuant to 1 20 section 9E.10 must acquire and use a stamp or seal as provided 1 21 in this chapter. However, this section shall not apply to a 1 22 person performing a notarial act under federal authority. The 1 23 stamp or seal shall contain all of the following: 1 24 a. For a person appointed as a notary public pursuant to 1 25 section 9E.3, all of the following: 1 26 (1) The words "Notarial Seal" and "Iowa". 1 27 (2) The person's name. 1 28 (3) The words "Commission Number" followed by a number 1 29 assigned to the notary public by the secretary of state. 1 30 (4) The words "My Commission Expires" followed either by 1 31 the date that the notary public's term would ordinarily expire 1 32 as provided in section 9E.4 or a blank line. If the seal or 1 33 stamp contains a blank line, the person must print the date 1 34 that the notary public's term would ordinarily expire on the 1 35 blank line imprinted on each document, instrument, or paper 2 1 subject to a notarial act. 2 2 b. For any other person, all of the following: 2 3 (1) The words "Notarial Seal" and "Iowa". 2 4 (2) The person's name. 2 5 (3) The person's title under which the person may perform 2 6 a notarial act under section 9E.10. 2 7 Sec. 4. Section 9E.14, subsection 1, Code 2001, is amended 2 8 to read as follows: 2 9 1. A notarial act must be evidenced by a certificate 2 10 signed and dated by a notarial officer. The certificate must 2 11 include identification of the jurisdiction in which the 2 12 notarial act is performed and the title of the office of the 2 13 notarial officer andmayshall include the official stamp or 2 14 seal of the office.If the officer is a notary public, the2 15certificate may, but need not indicate the date of expiration,2 16if any, of the commission of office.If the notarial officer 2 17 is a commissioned officer on active duty in the military 2 18 service of the United States,itthe certificate must also 2 19 include the officer's rank. 2 20 Sec. 5. Section 9E.15, Code 2001, is amended to read as 2 21 follows: 2 22 9E.15 SHORT FORMS. 2 23 The following short form certificates of notarial acts are 2 24 sufficient for the purposes indicated, if completed with the 2 25 information required by section 9E.14, subsection 1. 2 26 1. For an acknowledgment in an individual capacity: 2 27 State of ........ 2 28 (County) of ........ 2 29 This instrument was acknowledged before me on 2 30 ................. by .......................... 2 31 (date) (name(s) of person(s)) 2 32 ............................... 2 33 (signature of notarial officer) 2 34 (Stamp or Seal, if any) 2 35 ............................... 3 1 Title (and Rank) 3 2 (My commission expires: ...) 3 3 2. For an acknowledgment in a representative 3 4 capacity: 3 5 State of ........ 3 6 (County) of ........ 3 7 This instrument was acknowledged before me on 3 8 (date) by (name(s) of person(s)) as (type of author- 3 9 ity, e.g., officer, trustee, etc.) of (name of party on 3 10 behalf of whom instrument was executed). 3 11 ............................. 3 12 (signature of notarial officer) 3 13 (Stamp or Seal, if any) 3 14 .............................. 3 15 Title (and Rank) 3 16 (My commission expires: ...) 3 17 3. For a verification upon oath or affirmation: 3 18 State of ........ 3 19 (County) of ........ 3 20 Signed and sworn to (or affirmed) before me on 3 21 ................ by ............................ 3 22 (date) (name(s) of person(s) 3 23 making statement) 3 24 ..................... 3 25 (signature of notarial officer) 3 26 (Stamp or Seal, if any) 3 27 .................... 3 28 Title (and Rank) 3 29 (My commission expires: ...) 3 30 4. For witnessing or attesting a signature: 3 31 State of ........ 3 32 (County) of ........ 3 33 Signed or attested before me on .................... 3 34 .................. by ....................... 3 35 (date) (name(s) of person(s)) 4 1 .................... 4 2 (signature of notarial officer) 4 3 (Stamp or Seal, if any) 4 4 .................... 4 5 Title (and Rank) 4 6 (My commission expires: ...) 4 7 5. For attestation of a copy of a document: 4 8 State of ........ 4 9 (County) of ........ 4 10 I certify that this is a true and correct copy of a 4 11 document in the possession of ........................ 4 12 Dated ............. 4 13 .................... 4 14 (signature of notarial officer) 4 15 (Stamp or Seal, if any) 4 16 .................... 4 17 Title (and Rank) 4 18 (My commission expires: ...) 4 19 Sec. 6. Section 558.15, Code 2001, is amended to read as 4 20 follows: 4 21 558.15 NOTARIAL SEALS OF NONRESIDENTS – PRESUMPTION. 4 22 Any notarial stamp or seal purporting to have been affixed 4 23 to any instrument in writing, by any notary public residing 4 24 elsewhere than in this state, shall be prima facie evidence 4 25 that the words thereon engraved conform to the requirements of 4 26 the law of the place where such certificate purports to have 4 27 been made. 4 28 Sec. 7. Section 558.39, unnumbered paragraph 1, Code 2001, 4 29 is amended to read as follows: 4 30 The following forms of acknowledgment shall be sufficient 4 31 in the cases to which they are respectively applicable. In 4 32 each case where one of these forms is used, the name of the 4 33 state and county where the acknowledgment is taken shall 4 34 precede the body of the certificate, and the signature and 4 35 official title of the officer shall follow it as indicated in 5 1 the first form and shall constitute a part of the certificate, 5 2 and the stamp or seal of the officer shall be attached when 5 3 necessary under the provision of this chapter and as provided 5 4 in section 9E.6. No certificate of acknowledgment shall be 5 5 held to be defective on account of the failure to show the 5 6 official title of the officer making the certificate if such 5 7 title appears either in the body of such certificate or in 5 8 connection therewith, or with the signature thereto. 5 9 Sec. 8. Section 558.39, subsection 13, unnumbered 5 10 paragraph 3, Code 2001, is amended to read as follows: 5 11 (In all cases add a stamp or seal as provided in section 5 12 9E.6A and a signature and title of the officer taking the 5 13 acknowledgment, and strike from between the parentheses the 5 14 word or clause not used, as the case may be.) 5 15 5 16 5 17 5 18 BRENT SIEGRIST 5 19 Speaker of the House 5 20 5 21 5 22 5 23 MARY E. KRAMER 5 24 President of the Senate 5 25 5 26 I hereby certify that this bill originated in the House and 5 27 is known as House File 259, Seventy-ninth General Assembly. 5 28 5 29 5 30 5 31 MARGARET THOMSON 5 32 Chief Clerk of the House 5 33 Approved , 2001 5 34 5 35 6 1 6 2 THOMAS J. VILSACK 6 3 Governor
Text: HF00258 Text: HF00260 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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