Text: HSB00087 Text: HSB00089 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 9E.3, Code 2001, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 4. A person shall not be appointed as a 1 4 notary public by the secretary of state unless the person is 1 5 at least eighteen years of age and not disqualified from 1 6 voting as provided in section 48A.6. 1 7 Sec. 2. Section 9E.6, subsection 3, Code 2001, is amended 1 8 by striking the subsection. 1 9 Sec. 3. NEW SECTION. 9E.6A ACQUISITION AND USE OF STAMP 1 10 OR SEAL. 1 11 1. Each person performing a notarial act pursuant to 1 12 section 9E.10 must acquire and use a stamp or seal as provided 1 13 in this chapter. However, this section shall not apply to a 1 14 person performing a notarial act under federal authority. The 1 15 stamp or seal shall contain all of the following: 1 16 a. For a person appointed as a notary public pursuant to 1 17 section 9E.3, all of the following: 1 18 (1) The words "Notarial Seal" and "Iowa". 1 19 (2) The person's name. 1 20 (3) The words "Commission Number" followed by a number 1 21 assigned to the notary public by the secretary of state. 1 22 (4) The words "My Commission Expires" followed either by 1 23 the date that the notary public's term would ordinarily expire 1 24 as provided in section 9E.4 or a blank line. If the seal or 1 25 stamp contains a blank line, the person must print the date 1 26 that the notary public's term would ordinarily expire on the 1 27 blank line imprinted on each document, instrument, or paper 1 28 subject to a notarial act. 1 29 b. For any other person, all of the following: 1 30 (1) The words "Notarial Seal" and "Iowa". 1 31 (2) The person's name. 1 32 (3) The person's title under which the person may perform 1 33 a notarial act under section 9E.10. 1 34 Sec. 4. Section 9E.14, subsection 1, Code 2001, is amended 1 35 to read as follows: 2 1 1. A notarial act must be evidenced by a certificate 2 2 signed and dated by a notarial officer. The certificate must 2 3 include identification of the jurisdiction in which the 2 4 notarial act is performed and the title of the office of the 2 5 notarial officer andmayshall include the official stamp or 2 6 seal of the office.If the officer is a notary public, the2 7certificate may, but need not indicate the date of expiration,2 8if any, of the commission of office.If the notarial officer 2 9 is a commissioned officer on active duty in the military 2 10 service of the United States,itthe certificate must also 2 11 include the officer's rank. 2 12 Sec. 5. Section 9E.15, Code 2001, is amended to read as 2 13 follows: 2 14 9E.15 SHORT FORMS. 2 15 The following short form certificates of notarial acts are 2 16 sufficient for the purposes indicated, if completed with the 2 17 information required by section 9E.14, subsection 1. 2 18 1. For an acknowledgment in an individual capacity: 2 19 State of ........ 2 20 (County) of ........ 2 21 This instrument was acknowledged before me on 2 22 ................. by .......................... 2 23 (date) (name(s) of person(s)) 2 24 ............................... 2 25 (signature of notarial officer) 2 26 (Stamp or Seal, if any) 2 27 ............................... 2 28 Title (and Rank) 2 29 (My commission expires: ...) 2 30 2. For an acknowledgment in a representative 2 31 capacity: 2 32 State of ........ 2 33 (County) of ........ 2 34 This instrument was acknowledged before me on 2 35 (date) by (name(s) of person(s)) as (type of author- 3 1 ity, e.g., officer, trustee, etc.) of (name of party on 3 2 behalf of whom instrument was executed). 3 3 ............................. 3 4 (signature of notarial officer) 3 5 (Stamp or Seal, if any) 3 6 .............................. 3 7 Title (and Rank) 3 8 (My commission expires: ...) 3 9 3. For a verification upon oath or affirmation: 3 10 State of ........ 3 11 (County) of ........ 3 12 Signed and sworn to (or affirmed) before me on 3 13 ................ by ............................ 3 14 (date) (name(s) of person(s) 3 15 making statement) 3 16 ..................... 3 17 (signature of notarial officer) 3 18 (Stamp or Seal, if any) 3 19 .................... 3 20 Title (and Rank) 3 21 (My commission expires: ...) 3 22 4. For witnessing or attesting a signature: 3 23 State of ........ 3 24 (County) of ........ 3 25 Signed or attested before me on .................... 3 26 .................. by ....................... 3 27 (date) (name(s) of person(s)) 3 28 .................... 3 29 (signature of notarial officer) 3 30 (Stamp or Seal, if any) 3 31 .................... 3 32 Title (and Rank) 3 33 (My commission expires: ...) 3 34 5. For attestation of a copy of a document: 3 35 State of ........ 4 1 (County) of ........ 4 2 I certify that this is a true and correct copy of a 4 3 document in the possession of ........................ 4 4 Dated ............. 4 5 .................... 4 6 (signature of notarial officer) 4 7 (Stamp or Seal, if any) 4 8 .................... 4 9 Title (and Rank) 4 10 (My commission expires: ...) 4 11 Sec. 6. Section 558.15, Code 2001, is amended to read as 4 12 follows: 4 13 558.15 NOTARIAL SEALS OF NONRESIDENTS – PRESUMPTION. 4 14 Any notarial stamp or seal purporting to have been affixed 4 15 to any instrument in writing, by any notary public residing 4 16 elsewhere than in this state, shall be prima facie evidence 4 17 that the words thereon engraved conform to the requirements of 4 18 the law of the place where such certificate purports to have 4 19 been made. 4 20 Sec. 7. Section 558.39, unnumbered paragraph 1, Code 2001, 4 21 is amended to read as follows: 4 22 The following forms of acknowledgment shall be sufficient 4 23 in the cases to which they are respectively applicable. In 4 24 each case where one of these forms is used, the name of the 4 25 state and county where the acknowledgment is taken shall 4 26 precede the body of the certificate, and the signature and 4 27 official title of the officer shall follow it as indicated in 4 28 the first form and shall constitute a part of the certificate, 4 29 and the stamp or seal of the officer shall be attached when 4 30 necessary under the provision of this chapter and as provided 4 31 in section 9E.6. No certificate of acknowledgment shall be 4 32 held to be defective on account of the failure to show the 4 33 official title of the officer making the certificate if such 4 34 title appears either in the body of such certificate or in 4 35 connection therewith, or with the signature thereto. 5 1 Sec. 8. Section 558.39, subsection 13, unnumbered 5 2 paragraph 3, Code 2001, is amended to read as follows: 5 3 (In all cases add a stamp or seal as provided in section 5 4 9E.6A and a signature and title of the officer taking the 5 5 acknowledgment, and strike from between the parentheses the 5 6 word or clause not used, as the case may be.) 5 7 EXPLANATION 5 8 This bill makes several changes relating to notarial 5 9 actvity including as provided in Code chapter 9E. It provides 5 10 that a person must be at least 18 years old. In addition, a 5 11 person who is disqualified from voting is ineligible to obtain 5 12 or retain a commission. Currently, a notarial officer may but 5 13 is not required to use a stamp or seal that includes the words 5 14 "Notarial Seal" and "Iowa", and may include the name of the 5 15 notary public. The bill requires the use of the stamp or seal 5 16 and prescribes the information that must be included on the 5 17 stamp or seal. For a notary public commissioned by the 5 18 secretary of state, the stamp or seal must include a reference 5 19 to the notarial seal, the person's name, the commission 5 20 number, and the expiration of the commission's term. For a 5 21 public official, the stamp or seal must include a reference to 5 22 notarial seal, Iowa, the person's name, and the title of the 5 23 person's office. 5 24 LSB 1062DP 79 5 25 da/cls/14
Text: HSB00087 Text: HSB00089 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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