Colorado Notary Public — All Questions

What does a Colorado notary certify when taking an acknowledgment?

• a.That the notary drafted the document
• b.That the document complies with all applicable laws
• c.That the statements in the document are true
• d.That the identified individual appeared and acknowledged signing the record voluntarily✓

An acknowledgment certifies that the signer personally appeared, was identified, and acknowledged executing the record for its stated purpose. It does not certify the truth of the contents (that is a jurat) or the document's legality.Colorado RULONA (C.R.S. Title 24, Art. 21, Part 5); Colorado Notary Handbook

What does a Colorado jurat require beyond an acknowledgment?

• a.A second notary must co-sign
• b.The signer must waive the right to counsel
• c.The signer must sign in the notary's presence and take an oath or affirmation as to the truth of the statement✓
• d.The document must be recorded first

A jurat, or verification on oath or affirmation, requires the signer to sign before the notary and swear or affirm the statement is true. An acknowledgment requires neither an oath nor signing in the notary's presence.Colorado RULONA (C.R.S. Title 24, Art. 21, Part 5); Colorado Notary Handbook

A signer asks a Colorado notary which type of notarial certificate the document needs. What should the notary do?

• a.Choose whichever act is faster
• b.Decline all service
• c.Ask the signer or the receiving agency which act is required, since choosing it is the unauthorized practice of law✓
• d.Choose a jurat because it is more thorough

A non-attorney notary may not select the notarial act for a signer; that is legal advice. The notary asks the signer, or the agency that will receive the document, which act is needed and completes that certificate.Colorado Notary Handbook (Colorado Secretary of State)

Which notarial act may a Colorado notary perform?

• a.Granting a name change
• b.Issuing an apostille
• c.Certifying a copy of a vital record such as a birth certificate
• d.Certifying a copy of a record the custodian presents that is not a vital or publicly recorded record✓

Colorado notaries may take acknowledgments, administer oaths and affirmations, perform jurats, witness signatures, and certify copies of records the custodian presents. They may not certify vital records, issue apostilles (a Secretary of State function), or handle name changes.Colorado RULONA (C.R.S. Title 24, Art. 21, Part 5); Colorado Notary Handbook

For a standard Colorado notarization, when may the notary act if the signer is not physically present?

• a.If the signer texts a photo of their ID
• b.If a neighbor confirms the signer by phone
• c.If the notary has notarized for the signer before
• d.Never; personal appearance is required, and remote acts require an approved audio-video platform under Colorado's remote notarization rules✓

Personal appearance is required for every notarization. Colorado authorizes remote notarization only through an approved audio-video communication platform with identity verification. A text, phone vouch, or prior acquaintance does not satisfy the appearance requirement.Colorado RULONA (C.R.S. Title 24, Art. 21, Part 5); Colorado Notary Handbook

What must a completed Colorado notarial certificate include?

• a.A statement that the document is legally valid
• b.The venue, the date of the act, the notary's signature, and the official stamp with the commission ID number and expiration✓
• c.The signer's thumbprint
• d.The notary's home phone number

A Colorado certificate shows the venue, the date of the act, the notary's signature, and the official stamp, which includes the notary's name, the words 'Notary Public, State of Colorado,' the commission ID number, and the expiration date. Colorado does not require a thumbprint.Colorado RULONA (C.R.S. Title 24, Art. 21, Part 5); Colorado Notary Handbook

How may a Colorado notary identify a signer?

• a.Only by a Colorado ID card
• b.Only by the notary's memory of the signer's face
• c.By the signer signing a self-identification form
• d.By personal knowledge of the signer, or by satisfactory evidence such as a current government photo ID or a credible witness✓

Under RULONA, Colorado allows identification by the notary's personal knowledge of the signer, or by satisfactory evidence: a current government-issued photo ID bearing a signature, or the oath of a credible witness who knows the signer.Colorado RULONA (C.R.S. Title 24, Art. 21, Part 5); Colorado Notary Handbook

Which is acceptable identification for a Colorado notarization?

• a.A handwritten note from the signer
• b.A current driver's license with photo and signature✓
• c.A Social Security card
• d.A gym membership card

Acceptable ID is a current government-issued document showing the signer's photograph, signature, and an identifying number, such as a driver's license, state ID, passport, or military ID. Membership cards, Social Security cards, and notes do not qualify.Colorado RULONA (C.R.S. Title 24, Art. 21, Part 5); Colorado Notary Handbook

A Colorado signer has no ID but brings a credible witness. What is required?

• a.Nothing; the witness is automatically enough
• b.The witness signs for the signer
• c.The witness must personally know the signer, be identified to the notary, and take an oath vouching for the signer✓
• d.The witness's ID is copied onto the document

A credible witness must personally know the signer, be personally known to or identified by the notary, and take an oath or affirmation as to the signer's identity. Only a sworn, qualifying witness can substitute for missing identification.Colorado RULONA (C.R.S. Title 24, Art. 21, Part 5); Colorado Notary Handbook

If a Colorado notary cannot confirm the signer's identity by any allowed method, what must the notary do?

• a.Accept an ID expired for many years
• b.Refuse to perform the notarization✓
• c.Rely on the signer's spoken name
• d.Perform it and note the concern

When identity cannot be established through personal knowledge, an acceptable ID, or a credible witness, the notary must refuse. Notarizing despite genuine doubt about who the signer is defeats the purpose of the office.Colorado Notary Handbook (Colorado Secretary of State)

What is Colorado's approach to a notary journal?

• a.Journals are prohibited
• b.Only attorneys may keep journals
• c.A journal must be surrendered to the county after each act
• d.The Secretary of State strongly encourages keeping a record of notarial acts, and any journal kept must include each signer's signature and the fee charged✓

Colorado strongly encourages notaries to keep a record of all official acts, and requires that any journal kept include the signature of each individual served and any fee charged. A good record helps the notary reconstruct and defend an act if it is later questioned.Colorado Notary Handbook (Colorado Secretary of State)

Which elements must appear on a Colorado notary's official stamp?

• a.The notary's home address and photo
• b.The notary's name, the words 'Notary Public, State of Colorado,' the commission ID number, and the commission expiration date✓
• c.The Colorado State Seal in gold
• d.The signer's name and the county recorder's number

A Colorado stamp shows the notary's name, the words 'Notary Public' and 'State of Colorado,' the notary's commission identification number, and the commission expiration date. It authenticates the notary's acts and never contains the signer's information.Colorado RULONA (C.R.S. Title 24, Art. 21, Part 5); Colorado Notary Handbook

What should a Colorado notary's record of an act ideally capture?

• a.The signer's income
• b.The notary's shopping list
• c.The date, type of act, description of the document, the signer's name and signature, the identification method, and any fee✓
• d.A photocopy of the signer's entire wallet

A sound record captures the date, the type of act, a brief description of the document, the signer's name and signature, how the signer was identified, and any fee. It documents the act without storing unnecessary sensitive data.Colorado Notary Handbook (Colorado Secretary of State)

A Colorado notary's stamp is lost or stolen. What is the proper response?

• a.Do nothing unless it is misused
• b.Ignore it until renewal
• c.Keep using a scanned image of the old stamp
• d.Take prompt steps to prevent misuse, notify the Secretary of State as required, and obtain a replacement✓

Because a stolen stamp can facilitate fraud, the notary should promptly act to prevent misuse, notify the Secretary of State as required, and obtain a new stamp. Continuing to rely on an old scanned impression is not acceptable.Colorado Notary Handbook (Colorado Secretary of State)

How long is a Colorado notary public commission valid?

• a.2 years
• b.10 years
• c.4 years✓
• d.6 years

A Colorado notary commission is valid for four years. To keep serving, the notary must renew, which includes completing training and passing the exam again before the term ends.Colorado RULONA (C.R.S. Title 24, Art. 21, Part 5); Colorado Notary Handbook

Does Colorado require a notary to file a surety bond?

• a.Yes, a $25,000 bond
• b.No; Colorado does not require a notary surety bond✓
• c.Yes, a $5,000 bond
• d.Yes, a $15,000 bond

Colorado does not require notaries to obtain a surety bond. This differs from many other states, but Colorado notaries remain personally liable for misconduct, so errors-and-omissions insurance is often recommended even though it is not mandatory.Colorado RULONA (C.R.S. Title 24, Art. 21, Part 5); Colorado Notary Handbook

Which is a qualification to become a Colorado notary public?

• a.Be at least 21 years old
• b.Be at least 18, be able to read and write English, and be a Colorado resident or have a primary place of employment or practice in Colorado✓
• c.Be a U.S. citizen who owns property in Colorado
• d.Hold a paralegal certificate

A Colorado applicant must be at least 18, be able to read and write English, and either reside in Colorado or have a primary place of employment or practice in the state. Citizenship, property ownership, and professional certificates are not required.Colorado RULONA (C.R.S. Title 24, Art. 21, Part 5); Colorado Notary Handbook

Which statement about the Colorado notary exam is correct?

• a.There is no exam in Colorado
• b.A perfect score is required
• c.It is a paid, closed-book, in-person test
• d.Training and the exam are free and online through the Secretary of State, the exam is open-book, 80% is required to pass, and the certificate is valid for 90 days✓

Colorado delivers both training and the exam free through the Secretary of State's eLearning system. The exam is open-book and online, requires 80% to pass, and the certificate of completion is valid for 90 days, within which the applicant must apply for the commission.Colorado Secretary of State — Notary Training and Testing

What is the maximum fee a Colorado notary may charge for a standard, in-person notarization?

• a.$15✓
• b.There is no limit
• c.$5
• d.$25

Colorado caps a standard notarization at $15. For an electronic or remote notarization the maximum is higher, $25 per notarization. A notary may charge less than the cap or nothing at all.Colorado Notary Handbook (Colorado Secretary of State)

What is the maximum a Colorado notary may charge for an electronic or remote notarization?

• a.No cap applies
• b.$25✓
• c.$5
• d.$15

For an electronic or remote notarization Colorado allows up to $25 per notarization, compared with $15 for a standard in-person act. Any technology surcharges must comply with the remote-notarization rules.Colorado Notary Handbook (Colorado Secretary of State)

When must a Colorado notary refuse to perform a notarial act?

• a.Whenever the notarization is free
• b.Whenever the document is more than two pages
• c.When the notary has a disqualifying interest, or the signer is absent, unidentified, unwilling, or appears coerced✓
• d.Whenever the signer is not a Colorado resident

A notary must refuse when they have a disqualifying interest in the transaction, when the signer does not appear, when identity cannot be confirmed, or when the signer appears unwilling, confused, or coerced. Impartiality and a competent, willing signer are required for every act.Colorado RULONA (C.R.S. Title 24, Art. 21, Part 5); Colorado Notary Handbook

A non-attorney Colorado notary is asked to give an opinion on whether a will is valid. What should the notary do?

• a.Give a brief opinion to help
• b.Decline to give legal advice and refer the signer to an attorney, while still able to perform the notarization✓
• c.Refuse to notarize anything
• d.Advertise notary services as legal services

A non-attorney notary may not give legal advice or opine on a document's validity; that is the unauthorized practice of law. The notary declines to advise and refers the signer to a lawyer, but may still perform the notarization itself if the requirements are met.Colorado RULONA (C.R.S. Title 24, Art. 21, Part 5); Colorado Notary Handbook