CHAPTER 43
NOTARIAL ACTS
721—43.1(9B) Certificate of notarial acts. A notarial act shall be evidenced by a certificate signed and dated by a notarial officer, be executed contemporaneously with the performance of the notarial act for which the certificate applies, and not be completed until the notarial act has been performed. The certificate shall include all of the information required by Iowa Code section 9B.15(1). A certificate of a notarial act is sufficient if it meets the requirements set out in Iowa Code section 9B.15(3).
[ARC 0082C, IAB 4/18/12, effective 3/19/12; ARC 0806C, IAB 6/26/13, effective 7/31/13]
721—43.2(9B) Short form certificates. Short form certificates of notarial acts may be used provided the certificates comply with the provisions of Iowa Code sections 9B.15 and 9B.16. For purposes of this rule, a “record” and an “instrument” have the same meaning and effect.
[ARC 0806C, IAB 6/26/13, effective 7/31/13]
721—43.3(9B) Conflict of interest. A notarial officer shall not perform a notarial act that creates a conflict of interest as prohibited in Iowa Code section 9B.4(2). For purposes of this rule, a direct financial benefit does not exist when the notarial officer is compensated on an individual loan commission basis or as provided in Iowa Code section 9B.26(2).
[ARC 0806C, IAB 6/26/13, effective 7/31/13]
721—43.4(9B) Commission as notary public. An individual applying to the secretary of state for a commission as a notary public shall comply with the requirements and qualifications of Iowa Code section 9B.21. The applicant shall complete and file with the secretary of state an Application for Appointment as Notary Public. The affirmation section on an Application for Appointment as Notary Public shall constitute an executed oath of office as required by Iowa Code section 9B.21(3).
[ARC 0806C, IAB 6/26/13, effective 7/31/13]
721—43.5(9E) Foreign notarial acts. Rescinded ARC 0806C, IAB 6/26/13, effective 7/31/13.
721—43.6(9B) Sanctions. The secretary of state may impose any of the sanctions set out in Iowa Code section 9B.23 including issuing a letter of reprimand as a condition on a commission as a notary public.
	43.6(1) Complaint. A person alleging misconduct by a notary public shall complete and file a Statement of Complaint with the secretary of state. The secretary of state may also initiate investigations without the filing of a complaint if information is provided to the secretary of state that a notary public has allegedly engaged in conduct prohibited in Iowa Code section 9B.23. A copy of the complaint or a notice of investigation shall be sent to the notary public.
	43.6(2) Investigation. The secretary of state shall conduct an investigation to determine if the conduct alleged occurred and if sanctions should be imposed. Upon completion of an investigation, the secretary of state shall dismiss the matter, issue a letter of reprimand as a condition on commission, or set the matter for hearing as a contested case proceeding. A dismissal or issuance of a letter of reprimand as a condition on commission is deemed final agency action for purposes of judicial review under Iowa Code section 17A.19.
	43.6(3) Hearing. If a hearing is set, it shall be conducted as a contested case proceeding in accordance with Iowa Code chapter 17A and administrative rules in 721—Chapter 3. A final decision by the secretary of state is subject to judicial review as provided in Iowa Code section 17A.19.
[ARC 9969B, IAB 1/11/12, effective 2/15/12; ARC 0806C, IAB 6/26/13, effective 7/31/13]
These rules are intended to implement Iowa Code chapter 9B.
[Filed 9/12/89, Notice 6/28/89—published 10/4/89, effective 11/8/89]
[Filed ARC 9969B (Notice ARC 9857B, IAB 11/16/11), IAB 1/11/12, effective 2/15/12]
[Filed Emergency ARC 0082C, IAB 4/18/12, effective 3/19/12]
[Filed ARC 0806C (Notice ARC 0727C, IAB 5/1/13), IAB 6/26/13, effective 7/31/13]