House Study Bill 596 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ANDERSON) A BILL FOR An Act providing for notarial acts and including effective date 1 provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5458YC (16) 84 da/rj

H.F. _____ DIVISION I 1 REVISED UNIFORM LAW ON NOTARIAL ACTS 2 Section 1. NEW SECTION . 9B.1 Short title. 3 This chapter may be cited as the “Revised Uniform Law on 4 Notarial Acts” . 5 Sec. 2. NEW SECTION . 9B.2 Definitions. 6 In this chapter: 7 1. “Acknowledgment” means a declaration by an individual 8 before a notarial officer that the individual has signed a 9 record for the purpose stated in the record and, if the record 10 is signed in a representative capacity, that the individual 11 signed the record with proper authority and signed it as the 12 act of the individual or entity identified in the record. 13 2. “Electronic” means relating to technology having 14 electrical, digital, magnetic, wireless, optical, 15 electromagnetic, or similar capabilities. 16 3. “Electronic signature” means an electronic symbol, sound, 17 or process attached to or logically associated with a record 18 and executed or adopted by an individual with the intent to 19 sign the record. 20 4. “In a representative capacity” means acting as any of the 21 following: 22 a. An authorized officer, agent, partner, trustee, or other 23 representative for a person other than an individual. 24 b. A public officer, personal representative, guardian, or 25 other representative, in the capacity stated in a record. 26 c. An agent or attorney-in-fact for a principal. 27 d. An authorized representative of another in any other 28 capacity. 29 5. “Notarial act” means an act, whether performed with 30 respect to a tangible or electronic record, that a notarial 31 officer may perform under the law of this state. The term 32 includes taking an acknowledgment, administering an oath or 33 affirmation, taking a verification on oath or affirmation, 34 witnessing or attesting a signature, certifying or attesting a 35 -1- LSB 5458YC (16) 84 da/rj 1/ 32

H.F. _____ copy, and noting a protest of a negotiable instrument. 1 6. “Notarial officer” means a notary public or other 2 individual authorized to perform a notarial act. 3 7. “Notary public” means an individual commissioned to 4 perform a notarial act by the secretary of state. 5 8. “Official stamp” means a physical image affixed to or 6 embossed on a tangible record or an electronic image attached 7 to or logically associated with an electronic record. 8 9. “Person” means an individual, corporation, business 9 trust, statutory trust, estate, trust, partnership, limited 10 liability company, association, joint venture, public 11 corporation, government or governmental subdivision, agency, or 12 instrumentality, or any other legal or commercial entity. 13 10. a. “Personal appearance” means an act of a party to 14 physically appear within the presence of a notary public at the 15 time the notarization occurs. 16 b. “Personal appearance” does not include appearances 17 which require video, optical, or technology with similar 18 capabilities. 19 11. “Record” means information that is inscribed on a 20 tangible medium or that is stored in an electronic or other 21 medium and is retrievable in perceivable form. 22 12. “Sign” means, with present intent to authenticate or 23 adopt a record, to do any of the following: 24 a. Execute or adopt a tangible symbol. 25 b. Attach to or logically associate with the record an 26 electronic symbol, sound, or process. 27 13. “Signature” means a tangible symbol or an electronic 28 signature that evidences the signing of a record. 29 14. “Stamping device” means any of the following: 30 a. A physical device capable of affixing to or embossing on 31 a tangible record an official stamp. 32 b. An electronic device or process capable of attaching to 33 or logically associating with an electronic record an official 34 stamp. 35 -2- LSB 5458YC (16) 84 da/rj 2/ 32

H.F. _____ 15. “State” means a state of the United States, the District 1 of Columbia, Puerto Rico, the United States Virgin Islands, or 2 any territory or insular possession subject to the jurisdiction 3 of the United States. 4 16. “Verification on oath or affirmation” means a 5 declaration, made by an individual on oath or affirmation 6 before a notarial officer, that a statement in a record is 7 true. 8 Sec. 3. NEW SECTION . 9B.4 Authority to perform notarial 9 act. 10 1. A notarial officer may perform a notarial act authorized 11 by this chapter or by law of this state other than this 12 chapter. 13 2. A notarial officer shall not perform a notarial act 14 with respect to a record to which the notarial officer or 15 the notarial officer’s spouse is a party, or in which either 16 of them has a direct beneficial interest. A notarial act 17 performed in violation of this subsection is voidable. 18 Sec. 4. NEW SECTION . 9B.5 Requirements for certain notarial 19 acts. 20 1. A notarial officer who takes an acknowledgment of a 21 record shall determine, from personal knowledge or satisfactory 22 evidence of the identity of the individual, that the 23 individual appearing before the notarial officer and making the 24 acknowledgment has the identity claimed and that the signature 25 on the record is the signature of the individual. 26 2. A notarial officer who takes a verification of a 27 statement on oath or affirmation shall determine, from personal 28 knowledge or satisfactory evidence of the identity of the 29 individual, that the individual appearing before the notarial 30 officer and making the verification has the identity claimed 31 and that the signature on the statement verified is the 32 signature of the individual. 33 3. A notarial officer who witnesses or attests to a 34 signature shall determine, from personal knowledge or 35 -3- LSB 5458YC (16) 84 da/rj 3/ 32

H.F. _____ satisfactory evidence of the identity of the individual, that 1 the individual appearing before the notarial officer and 2 signing the record has the identity claimed. 3 4. A notarial officer who certifies or attests a copy of a 4 record or an item that was copied shall determine that the copy 5 is a full, true, and accurate transcription or reproduction of 6 the record or item. 7 5. A notarial officer who makes or notes a protest of a 8 negotiable instrument shall determine the matters set forth in 9 section 554.3505, subsection 2. 10 Sec. 5. NEW SECTION . 9B.6 Personal appearance required. 11 If a notarial act relates to a statement made in or a 12 signature executed on a record, the individual making the 13 statement or executing the signature shall appear personally 14 before the notarial officer. 15 Sec. 6. NEW SECTION . 9B.7 Identification of individual. 16 1. A notarial officer has personal knowledge of the identity 17 of an individual appearing before the notarial officer if the 18 individual is personally known to the officer through dealings 19 sufficient to provide reasonable certainty that the individual 20 has the identity claimed. 21 2. A notarial officer has satisfactory evidence of the 22 identity of an individual appearing before the notarial officer 23 if the notarial officer can identify the individual pursuant 24 to any of the following: 25 a. By means of any of the following: 26 (1) A passport, driver’s license, or government-issued 27 nondriver identification card, which is current or expired not 28 more than three years before performance of the notarial act. 29 (2) Another form of government identification issued to 30 an individual, which is current or expired not more than 31 three years before performance of the notarial act, contains 32 the signature or a photograph of the individual, and is 33 satisfactory to the notarial officer. 34 b. By a verification on oath or affirmation of a credible 35 -4- LSB 5458YC (16) 84 da/rj 4/ 32

H.F. _____ witness personally appearing before the officer and known 1 to the notarial officer or whom the notarial officer can 2 identify on the basis of a passport, driver’s license, or 3 government-issued nondriver identification card, which is 4 current or expired not more than three years before performance 5 of the notarial act. 6 3. A notarial officer may require an individual to provide 7 additional information or identification credentials necessary 8 to assure the officer of the identity of the individual. 9 Sec. 7. NEW SECTION . 9B.8 Authority to refuse to perform 10 notarial act. 11 1. A notarial officer may refuse to perform a notarial 12 act if the notarial officer is not satisfied that any of the 13 following apply: 14 a. The individual executing the record is competent or has 15 the capacity to execute the record. 16 b. The individual’s signature is knowingly and voluntarily 17 made. 18 2. A notarial officer may refuse to perform a notarial act 19 unless refusal is prohibited by law other than this chapter. 20 3. A notarial officer shall not condition the performing of 21 notarial services upon the requirement that the person served 22 be a customer or client of the establishment by which the 23 notarial officer is employed. The employer of a notary public 24 shall not condition the performing of a notarial service upon 25 the requirement that the person served be a customer or client 26 of the establishment by which the notary public is employed. 27 Sec. 8. NEW SECTION . 9B.9 Signature if individual unable 28 to sign. 29 If an individual is physically unable to sign a record, the 30 individual may direct an individual other than the notarial 31 officer to sign the individual’s name on the record. The 32 notarial officer shall insert “Signature affixed by (name of 33 other individual) at the direction of (name of individual)” or 34 words of similar import. 35 -5- LSB 5458YC (16) 84 da/rj 5/ 32

H.F. _____ Sec. 9. NEW SECTION . 9B.10 Notarial act in this state. 1 1. A notarial act may be performed in this state by any of 2 the following: 3 a. A notary public of this state. 4 b. A judge, clerk, or deputy clerk of a court of this state. 5 c. A person authorized by the law of this state to 6 administer oaths. 7 d. Any other individual authorized to perform the specific 8 act by the law of this state. 9 e. A registrar of vital statistics or a designee of a 10 registrar of vital statistics. 11 2. The signature and title of an individual performing 12 a notarial act in this state are prima facie evidence that 13 the signature is genuine and that the individual holds the 14 designated title. 15 3. The signature and title of a notarial officer described 16 in subsection 1, paragraph “a” , “b” , or “c” , conclusively 17 establish the authority of the notarial officer to perform a 18 notarial act. 19 Sec. 10. NEW SECTION . 9B.11 Notarial act in another state. 20 1. A notarial act performed in another state has the 21 same effect under the law of this state as if performed by a 22 notarial officer of this state, if the act performed in that 23 state is performed by any of the following: 24 a. A notary public of that state. 25 b. A judge, clerk, or deputy clerk of a court of that state. 26 c. Any other individual authorized by the law of that state 27 to perform the notarial act. 28 2. The signature and title of an individual performing a 29 notarial act in another state are prima facie evidence that 30 the signature is genuine and that the individual holds the 31 designated title. 32 3. The signature and title of a notarial officer described 33 in subsection 1, paragraph “a” or “b” , conclusively establish 34 the authority of the notarial officer to perform the notarial 35 -6- LSB 5458YC (16) 84 da/rj 6/ 32

H.F. _____ act. 1 4. The notarial act performed in another state must be 2 performed in accordance with section 9B.6. 3 Sec. 11. NEW SECTION . 9B.12 Notarial act under authority of 4 federally recognized Indian tribe. 5 1. A notarial act performed under the authority and in 6 the jurisdiction of a federally recognized Indian tribe has 7 the same effect as if performed by a notarial officer of this 8 state, if the act performed in the jurisdiction of the tribe is 9 performed by any of the following: 10 a. A notary public of the tribe. 11 b. A judge, clerk, or deputy clerk of a court of the tribe. 12 c. Any other individual authorized by the law of the tribe 13 to perform the notarial act. 14 2. The signature and title of an individual performing a 15 notarial act under the authority of and in the jurisdiction of 16 a federally recognized Indian tribe are prima facie evidence 17 that the signature is genuine and that the individual holds the 18 designated title. 19 3. The signature and title of a notarial officer described 20 in subsection 1, paragraph “a” or “b” , conclusively establish 21 the authority of the notarial officer to perform the notarial 22 act. 23 Sec. 12. NEW SECTION . 9B.13 Notarial act under federal 24 authority. 25 1. A notarial act performed under federal law has the 26 same effect under the law of this state as if performed by 27 a notarial officer of this state, if the act performed under 28 federal law is performed by any of the following: 29 a. A judge, clerk, or deputy clerk of a court. 30 b. An individual in military service or performing duties 31 under the authority of military service who is authorized to 32 perform notarial acts under federal law. 33 c. An individual designated a notarial officer by the 34 United States department of state for performing notarial acts 35 -7- LSB 5458YC (16) 84 da/rj 7/ 32

H.F. _____ overseas. 1 d. Any other individual authorized by federal law to perform 2 the notarial act. 3 2. The signature and title of an individual acting under 4 federal authority and performing a notarial act are prima facie 5 evidence that the signature is genuine and that the individual 6 holds the designated title. 7 3. The signature and title of a notarial officer described 8 in subsection 1, paragraph “a” , “b” , or “c” , conclusively 9 establish the authority of the notarial officer to perform the 10 notarial act. 11 Sec. 13. NEW SECTION . 9B.14 Foreign notarial act. 12 1. As used in this section, “foreign state” means a 13 government other than the United States, a state, or a 14 federally recognized Indian tribe. 15 2. If a notarial act is performed under authority and in 16 the jurisdiction of a foreign state or constituent unit of 17 the foreign state or is performed under the authority of a 18 multinational or international governmental organization, the 19 act has the same effect under the law of this state as if 20 performed by a notarial officer of this state. 21 3. If the title of office and indication of authority to 22 perform notarial acts in a foreign state appears in a digest of 23 foreign law or in a list customarily used as a source for that 24 information, the authority of an officer with that title to 25 perform notarial acts is conclusively established. 26 4. The signature and official stamp of an individual holding 27 an office described in subsection 3 are prima facie evidence 28 that the signature is genuine and the individual holds the 29 designated title. 30 5. An apostille in the form prescribed by the Hague 31 convention of October 5, 1961, and issued by a foreign state 32 party to the convention conclusively establishes that the 33 signature of the notarial officer is genuine and that the 34 notarial officer holds the indicated office. 35 -8- LSB 5458YC (16) 84 da/rj 8/ 32

H.F. _____ 6. A consular authentication issued by an individual 1 designated by the United States department of state as a 2 notarial officer for performing notarial acts overseas and 3 attached to the record with respect to which the notarial act 4 is performed conclusively establishes that the signature of the 5 notarial officer is genuine and that the notarial officer holds 6 the indicated office. 7 Sec. 14. NEW SECTION . 9B.15 Certificate of notarial act. 8 1. A notarial act must be evidenced by a certificate. The 9 certificate must meet all of the following requirements: 10 a. Be executed contemporaneously with the performance of the 11 notarial act. 12 b. Be signed and dated by the notarial officer and, if the 13 notarial officer is a notary public, be signed in the same 14 manner as on file with the secretary of state. 15 c. Identify the jurisdiction in which the notarial act is 16 performed. 17 d. Contain the title of office of the notarial officer. 18 e. If the notarial officer is a notary public, indicate 19 the date of expiration, if any, of the notarial officer’s 20 commission. 21 2. If a notarial act regarding a tangible record is 22 performed by a notary public, an official stamp must be affixed 23 to or embossed on the certificate. If a notarial act is 24 performed regarding a tangible record by a notarial officer 25 other than a notary public and the certificate contains the 26 information specified in subsection 1, paragraphs “b” , “c” , and 27 “d” , an official stamp may be affixed to or embossed on the 28 certificate. If a notarial act regarding an electronic record 29 is performed by a notarial officer and the certificate contains 30 the information specified in subsection 1, paragraphs “b” , “c” , 31 and “d” , an official stamp may be attached to or logically 32 associated with the certificate. 33 3. A certificate of a notarial act is sufficient if it 34 meets the requirements of subsections 1 and 2 and all of the 35 -9- LSB 5458YC (16) 84 da/rj 9/ 32

H.F. _____ following apply: 1 a. It is in a short form set forth in section 9B.16. 2 b. It is in a form otherwise permitted by the law of this 3 state. 4 c. It is in a form permitted by the law applicable in the 5 jurisdiction in which the notarial act is performed. 6 d. It sets forth the actions of the notarial officer and the 7 actions are sufficient to meet the requirements of the notarial 8 act as provided in sections 9B.5, 9B.6, and 9B.7, or a law of 9 this state other than this chapter. 10 4. By executing a certificate of a notarial act, a notarial 11 officer certifies that the notarial officer has complied with 12 the requirements and made the determinations specified in 13 sections 9B.4, 9B.5, and 9B.6. 14 5. A notarial officer shall not affix the notarial officer’s 15 signature to, or logically associate it with, a certificate 16 until the notarial act has been performed. 17 6. If a notarial act is performed regarding a tangible 18 record, a certificate must be part of, or securely attached 19 to, the record. If a notarial act is performed regarding 20 an electronic record, the certificate must be affixed to, or 21 logically associated with, the electronic record. If the 22 secretary of state has established standards pursuant to 23 section 9B.27 for attaching, affixing, or logically associating 24 the certificate, the process must conform to the standards. 25 Sec. 15. NEW SECTION . 9B.16 Short form certificates. 26 The following short form certificates of notarial acts are 27 sufficient for the purposes indicated, if completed with the 28 information required by section 9B.15, subsections 1 and 2: 29 1. For an acknowledgment in an individual capacity: 30 State of ........ 31 [County] of ........ 32 This record was acknowledged before me on ...... (Date) 33 by .............. Name(s) of individual(s) 34 .................... 35 -10- LSB 5458YC (16) 84 da/rj 10/ 32

H.F. _____ Signature of notarial officer 1 Stamp 2 [ .............. ] 3 Title of office 4 [My commission expires: ...... ] 5 2. For an acknowledgment in a representative capacity: 6 State of ........ 7 [County] of ........ 8 This record was acknowledged before me on ...... (Date) 9 by .............. Name(s) of individual(s) 10 as (type of authority, such as officer or trustee) of (name of 11 party on behalf of whom record was executed). 12 .................... 13 Signature of notarial officer 14 Stamp 15 [ .............. ] 16 Title of office 17 [My commission expires: ...... ] 18 3. For a verification on oath or affirmation: 19 State of ........ 20 [County] of ........ 21 Signed and sworn to (or affirmed) before me on ...... (Date) 22 by .............. Name(s) of individual(s) making statement 23 .................... 24 Signature of notarial officer 25 Stamp 26 [ .............. ] 27 Title of office 28 [My commission expires: ...... ] 29 4. For witnessing or attesting a signature: 30 State of ........ 31 [County] of ........ 32 Signed [or attested] before me on ...... (Date) 33 by .............. Name(s) of individual(s) 34 .................... 35 -11- LSB 5458YC (16) 84 da/rj 11/ 32

H.F. _____ Signature of notarial officer 1 Stamp 2 [ .............. ] 3 Title of office 4 [My commission expires ...... ] 5 5. For certifying a copy of a record: 6 State of ........ 7 [County] of ........ 8 I certify that this is a true and correct copy of a record in 9 the possession of ........ 10 Dated ...... 11 .................... 12 Signature of notarial officer 13 Stamp 14 [ .............. ] 15 Title of office 16 [My commission expires: ...... ] 17 Sec. 16. NEW SECTION . 9B.17 Official stamp. 18 1. The official stamp of a notary public must comply with 19 all of the following: 20 a. Include the notary public’s name, the words “Notarial 21 Seal” and “Iowa”, the words “Commission Number” followed by 22 a number assigned to the notary public by the secretary of 23 state, the words “My Commission Expires” followed either 24 by the date that the notary public’s term would ordinarily 25 expire as provided in section 9B.21 or a blank line, and other 26 information required by the secretary of state. 27 b. Be capable of being copied together with the record to 28 which it is affixed or attached or with which it is logically 29 associated. If the official stamp contains a blank line, the 30 person must print the date that the notary public’s term would 31 ordinarily expire on the blank line imprinted on each record 32 subject to a notarial act. 33 2. This section does not apply to a judicial officer as 34 defined in section 602.1101 performing a notarial act in 35 -12- LSB 5458YC (16) 84 da/rj 12/ 32

H.F. _____ accordance with state or federal authority. This section does 1 not apply to a chief officer or a chief officer’s designee 2 certifying a peace officer’s verification of a uniform citation 3 and complaint pursuant to section 805.6, subsection 3. A 4 judicial officer, chief officer, or chief officer’s designee is 5 not required to acquire or use an official stamp in performing 6 these acts. 7 Sec. 17. NEW SECTION . 9B.18 Stamping device. 8 1. A notary public is responsible for the security of the 9 notary public’s stamping device and shall not allow another 10 individual to use the device to perform a notarial act. 11 2. If a notary public’s stamping device is lost or 12 stolen, the notary public or the notary public’s personal 13 representative or guardian shall notify promptly the 14 commissioning officer or agency on discovering that the device 15 is lost or stolen. 16 Sec. 18. NEW SECTION . 9B.20 Notification regarding 17 performance of notarial act on electronic record ——selection of 18 technology. 19 1. A notary public may select one or more tamper-evident 20 technologies to perform notarial acts with respect to 21 electronic records. A person shall not require a notary public 22 to perform a notarial act with respect to an electronic record 23 with a technology that the notary public has not selected. 24 2. Before a notary public performs the notary public’s 25 initial notarial act with respect to an electronic record, 26 a notary public shall notify the secretary of state that 27 the notary public will be performing notarial acts with 28 respect to electronic records and identify the technology the 29 notary public intends to use. If the secretary of state has 30 established standards for approval of technology pursuant to 31 section 9B.27, the technology must conform to the standards. 32 If the technology conforms to the standards, the secretary of 33 state shall approve the use of the technology. 34 Sec. 19. NEW SECTION . 9B.21 Commission as notary public —— 35 -13- LSB 5458YC (16) 84 da/rj 13/ 32

H.F. _____ qualifications —— no immunity or benefit. 1 1. An individual qualified under subsection 2 may apply to 2 the secretary of state for a commission as a notary public. 3 The applicant shall comply with and provide the information 4 required by rules established by the secretary of state and pay 5 an application fee of thirty dollars to the secretary of state. 6 A person appointed as a notary public under subsection 4 is not 7 subject to the fee imposed by this subsection. 8 2. An applicant for a commission as a notary public shall 9 meet all of the following qualifications: 10 a. Be at least eighteen years of age. 11 b. Be a citizen or permanent legal resident of the United 12 States. 13 c. Be a resident of or have a place of employment or 14 practice in this state. 15 d. Be able to read and write English. 16 e. Not be disqualified to receive a commission under section 17 9B.23. 18 3. Before issuance of a commission as a notary public, an 19 applicant for the commission shall execute an oath of office 20 and submit it to the secretary of state. 21 4. a. The secretary of state shall appoint members of the 22 general assembly as notaries public, upon request, and may 23 revoke an appointment for cause. 24 b. The secretary of state may appoint one or more employees 25 of a state agency as a notary public to perform notarial 26 acts associated with their positions, pursuant to conditions 27 established by the secretary of state. As used in this 28 paragraph, “state agency” means any executive, judicial, 29 or legislative department, commission, board, institution, 30 division, bureau, office, agency, or other entity of state 31 government. 32 5. The secretary of state may appoint as a notary public 33 a resident of a state bordering Iowa if that person’s place 34 of work or business is within the state of Iowa. If a notary 35 -14- LSB 5458YC (16) 84 da/rj 14/ 32

H.F. _____ public who is a resident of a state bordering Iowa ceases 1 to work or maintain a place of business in Iowa, the notary 2 commission expires. 3 6. On compliance with this section, the secretary of state 4 shall issue a commission as a notary public to an applicant for 5 a term of three years. The term of a notarial officer who is a 6 resident of a state bordering Iowa and whose place of work or 7 business is in Iowa is one year. The term of a notary public 8 who is a member of the general assembly is the member’s term of 9 office. The term of a notary public who is an employee of a 10 state agency designated to receive an appointment as provided 11 in subsection 4 shall terminate at the end of employment. 12 7. A commission to act as a notary public authorizes the 13 notary public to perform notarial acts. The commission does 14 not provide the notary public any immunity or benefit conferred 15 by law of this state on public officials or employees. 16 Sec. 20. NEW SECTION . 9B.21A Notice of expiration of term. 17 The secretary of state, two months preceding the 18 expiration of a commission, shall notify the notary public 19 of the expiration date and furnish a blank application for 20 reappointment. 21 Sec. 21. NEW SECTION . 9B.23 Grounds to deny, refuse to 22 renew, revoke, suspend, or condition commission of notary public. 23 1. The secretary of state may deny, refuse to renew, revoke, 24 suspend, or impose a condition on a commission as notary public 25 for any act or omission that demonstrates the individual lacks 26 the honesty, integrity, competence, or reliability to act 27 as a notary public, including any of the following acts or 28 omissions: 29 a. A failure to comply with this chapter. 30 b. A fraudulent, dishonest, or deceitful misstatement or 31 omission in the application for a commission as a notary public 32 submitted to the secretary of state. 33 c. A conviction of the applicant or notary public of any 34 felony or a crime involving fraud, dishonesty, or deceit. 35 -15- LSB 5458YC (16) 84 da/rj 15/ 32

H.F. _____ d. A finding against, or admission of liability by, 1 the applicant or notary public in any legal proceeding or 2 disciplinary action based on the applicant’s or notary public’s 3 fraud, dishonesty, or deceit. 4 e. A failure by the notary public to discharge any duty 5 required of a notary public, whether by this chapter, rules 6 adopted by the secretary of state, or any federal or state law. 7 f. The use of false or misleading advertising or 8 representation by the notary public representing that the 9 notary public has a duty, right, or privilege that the notary 10 public does not have. 11 g. A violation by the notary public of a rule adopted by the 12 secretary of state regarding a notary public. 13 h. A denial, refusal to renew, revocation, suspension, or 14 conditioning of a notary public commission in another state. 15 2. If the secretary of state denies, refuses to renew, 16 revokes, suspends, or imposes conditions on a commission as a 17 notary public, the applicant or notary public is entitled to 18 timely notice and hearing in accordance with rules adopted by 19 the secretary of state. 20 3. The authority of the secretary of state to deny, refuse 21 to renew, suspend, revoke, or impose conditions on a commission 22 as a notary public does not prevent either the secretary of 23 state or a person aggrieved by a notary public from seeking and 24 obtaining other criminal or civil remedies provided by law. 25 Sec. 22. NEW SECTION . 9B.24 Database of notaries public. 26 The secretary of state shall maintain an electronic database 27 of notaries public which complies with all of the following: 28 1. Through which a person may verify the authority of a 29 notary public to perform notarial acts. 30 2. Which indicates whether a notary public has notified the 31 secretary of state that the notary public will be performing 32 notarial acts on electronic records. 33 Sec. 23. NEW SECTION . 9B.25 Prohibited acts. 34 1. A commission as a notary public does not authorize an 35 -16- LSB 5458YC (16) 84 da/rj 16/ 32

H.F. _____ individual to do any of the following: 1 a. Assist persons in drafting legal records, give legal 2 advice, or otherwise practice law. 3 b. Act as an immigration consultant or an expert on 4 immigration matters. 5 c. Represent a person in a judicial or administrative 6 proceeding relating to immigration to the United States, United 7 States citizenship, or related matters. 8 d. Receive compensation for performing any of the activities 9 listed in this subsection. 10 2. A notary public shall not engage in false or deceptive 11 advertising. 12 3. A notary public, other than an attorney licensed to 13 practice law in this state, shall not use the term “notario” or 14 “notario publico”. 15 4. A notary public, other than an attorney licensed to 16 practice law in this state, shall not advertise or represent 17 that the notary public may assist persons in drafting legal 18 records, give legal advice, or otherwise practice law. If 19 a notary public who is not an attorney licensed to practice 20 law in this state in any manner advertises or represents that 21 the notary public offers notarial services, whether orally 22 or in a record, including broadcast media, print media, or 23 the internet, the notary public shall include the following 24 statement, or an alternate statement authorized or required by 25 the secretary of state in the advertisement or representation, 26 prominently and in each language used in the advertisement or 27 representation: 28 I am not an attorney licensed to practice law in this state. 29 I am not allowed to draft legal records, give advice on legal 30 matters, including immigration, or charge a fee for those 31 activities. 32 If the form of advertisement or representation is not 33 broadcast media, print media, or the internet and does not 34 permit inclusion of the statement required by this subsection 35 -17- LSB 5458YC (16) 84 da/rj 17/ 32

H.F. _____ because of size, it must be displayed prominently or provided 1 at the place of performance of the notarial act before the 2 notarial act is performed. 3 5. Except as otherwise allowed by law, a notary public shall 4 not withhold access to or possession of an original record 5 provided by a person that seeks performance of a notarial act 6 by the notary public. 7 Sec. 24. NEW SECTION . 9B.26 Validity of notarial acts. 8 1. Except as otherwise provided in section 9B.4, subsection 9 2, the failure of a notarial officer to perform a duty or meet 10 a requirement specified in this chapter does not invalidate a 11 notarial act performed by the notarial officer. The validity 12 of a notarial act under this chapter does not prevent an 13 aggrieved person from seeking to invalidate the record or 14 transaction that is the subject of the notarial act or from 15 seeking other remedies based on law of this state other than 16 this chapter or law of the United States. This section 17 does not validate a purported notarial act performed by an 18 individual who does not have the authority to perform notarial 19 acts. 20 2. The validity of a notarial act shall not be affected 21 or impaired by the fact that the notarial officer performing 22 the notarial act is an officer, director, or shareholder of 23 a corporation that may have a beneficial interest or other 24 interest in the subject matter of the notarial act. 25 Sec. 25. NEW SECTION . 9B.27 Rules. 26 1. The secretary of state may adopt rules to administer this 27 chapter. Any rules adopted with respect to the performance of 28 notarial acts on electronic records shall not require or favor 29 one technology or technical specification over another. 30 Sec. 26. NEW SECTION . 9B.28 Notary public commission in 31 effect. 32 A commission as a notary public in effect on January 1, 33 2013, continues until its date of expiration. A notary public 34 who applies to renew a commission as a notary public on or 35 -18- LSB 5458YC (16) 84 da/rj 18/ 32

H.F. _____ after January 1, 2013, is subject to and shall comply with this 1 chapter. A notary public, in performing notarial acts on or 2 after January 1, 2013, shall comply with this chapter. 3 Sec. 27. NEW SECTION . 9B.30 Uniformity of application and 4 construction. 5 In applying and construing this chapter, consideration must 6 be given to the need to promote uniformity of the law with 7 respect to its subject matter among states that enact the 8 revised uniform law on notarial acts. 9 Sec. 28. NEW SECTION . 9B.31 Relation to electronic 10 signatures in global and national commerce act. 11 This chapter modifies, limits, and supersedes the federal 12 Electronic Signatures in Global and National Commerce Act, 15 13 U.S.C. § 7001 et seq., but does not modify, limit, or supersede 14 section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize 15 electronic delivery of any of the notices described in section 16 103(b) of that Act, 15 U.S.C. § 7003(b). 17 Sec. 29. REPEAL. Chapter 9E, Code 2011, is repealed. 18 DIVISION II 19 COORDINATING AMENDMENTS 20 Sec. 30. Section 2C.7, subsection 1, Code 2011, is amended 21 to read as follows: 22 1. Hold another public office of trust or profit under the 23 laws of this state other than the office of notary public as 24 provided in chapter 9B . 25 Sec. 31. Section 4.1, subsection 28, Code 2011, is amended 26 to read as follows: 27 28. Seal. Where the seal of a court, public office, public 28 officer, or public or private corporation may be required 29 to be affixed to any paper, the word “seal” shall include 30 an impression upon the paper alone, or upon wax , or a wafer 31 affixed to the paper, or an official ink stamp if a notarial 32 seal of a notarial officer as provided in chapter 9B . If the 33 seal of a court is required, the word “seal” may also include a 34 visible electronic image of the seal on an electronic document. 35 -19- LSB 5458YC (16) 84 da/rj 19/ 32

H.F. _____ Sec. 32. Section 29B.129, unnumbered paragraph 1, Code 1 2011, is amended to read as follows: 2 The following members of the state military forces may 3 administer oaths for the purposes of military administration 4 including military justice, and affidavits may be taken for 5 those purposes before persons having the general powers of a 6 notary public as provided in chapter 9B : 7 Sec. 33. Section 43.14, subsection 4, paragraph e, Code 8 2011, is amended to read as follows: 9 e. The signature of a notary public under chapter 9B or 10 other officer empowered to witness oaths. 11 Sec. 34. Section 45.5, subsection 5, paragraph d, Code 2011, 12 is amended to read as follows: 13 d. The signature of a notary public under chapter 9B or 14 other officer empowered to witness oaths. 15 Sec. 35. Section 144.12A, subsection 5, paragraph a, Code 16 2011, is amended to read as follows: 17 a. Information provided to the registry may be revoked by 18 the registrant by submission of a written statement signed 19 and acknowledged by the registrant before a notary public as 20 provided in chapter 9B . 21 Sec. 36. Section 144A.3, subsection 2, paragraph b, Code 22 2011, is amended to read as follows: 23 b. Is acknowledged before a notarial officer within this 24 state as provided in chapter 9B . 25 Sec. 37. Section 144B.3, subsection 1, paragraph b, 26 subparagraph (2), Code 2011, is amended to read as follows: 27 (2) Is acknowledged before a notarial officer within this 28 state as provided in chapter 9B . 29 Sec. 38. Section 144C.6, subsection 2, paragraph b, Code 30 Supplement 2011, is amended to read as follows: 31 b. Acknowledged before a notarial officer as provided in 32 chapter 9B . 33 Sec. 39. Section 252A.3A, subsection 5, paragraph h, Code 34 Supplement 2011, is amended to read as follows: 35 -20- LSB 5458YC (16) 84 da/rj 20/ 32