Iowa New-Law Webinar

A special webinar presentation by theNATIONAL NOTARY ASSOCIATION

Topics We Will Address Today

New law revisions that go into effect Jan. 1

How these revisions affect Notaries

Best practices to clarify the changes

What’s New?

1) Commission requirements2) Disqualifying interest3) Identification4) Procedure for persons unable to sign5) Refusing service

What’s New?

6) Stamp and stamping device7) Notary certificate8) Prohibited acts9) Electronic notarization

Commission Requirements

U.S. citizen or permanent legal alien

Able to read/write English

Not be disqualified based on new grounds, which are…

Grounds for Disqualification• Application misstatement or omission• Felony or crime involving fraud or deceit• Finding against or admission of liability

regarding fraud or deceit• Failure to discharge Notary duty

Grounds for Disqualification cont.

• Use of false or misleading advertising• Violation of any Secretary of State rule• Commission denial/refusal in another state

Disqualifying Interest New law prohibits Notary’s

involvement in acts that will benefit the Notary or spouse

If a Notary notarizes a document where beneficial interest exists, the document is voidable

Identification

Notaries can identify a signer based on personal knowledge or satisfactory evidence

Personal Knowledge

Someone from last week’s PTA meeting

A fellow high school alum and longtime neighbor

Satisfactory Evidence Passport, license or government ID not

expired more than 3 years

Other gov. ID with signature, photo and not expired more than 3 years

Credible identifying witness

Credible Identifying Witness Signer not personally known/no ID

Witness must have ID

Witness must take an oath

“Do you solemnly swear (or affirm) that you know the signer truly holds the identity he (or she) claims?”

Persons Unable to Sign Individuals with physical disabilities

may direct someone to sign for them

Notary must add wording such as “Signature affixed by (insert name of other individual) at the direction of (insert name of individual)”

Record circumstances in journal

Refusing Services

When Notary may refuse to notarize:

Signer appears not competent or aware

Signer is not willing or is being coerced

These practices were always recommended, but now it’s the law

Stamp & Stamping Device

“Seal” “Stamp”

May no longer use an adhesive label

Embosser must be photocopiable

Must secure your stamping device

Certificate Signature must match what’s on file at the

Secretary of State’s office Completed at time of signing Contains commission expiration date You are complying with requirements Prohibited from signing until act performed Securely attached to document “Record” replaces “document” &“instrument”

Acknowledgment

Copy Certification

Prohibited Acts

• Your commission does not allow you to: – Assist persons in drafting legal records– Act as an immigration consultant– Represent in proceeding related to immigration

Advertising you can perform duties of attorney False or deceptive advertising “Notario publico”

Prohibited Acts

• Failing to state: “I am not a attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, nor charge a fee in regard to those activities.”

• Withholding original records

Electronic Notarization

Notaries can now use electronic signatures and notarize e-documents, provided they do the following: Notaries must let the Secretary of State know and

specify the type of technology used Technology must be tamper-proof Must follow the same laws as paper acts

* Secretary of State to provide more details

QUESTIONS?

Being an NNA Member has its benefits:• 24 Hour Online Help at

NationalNotary.org• Educational resources• Regular Updates with NNA Publications• Toll Free Hotline Support• Member Privileges and Partner

Discounts

Q & AFor further information, contact:

hotline@nationalnotary.org888-876-0827

Hotline Counselors are available to assist you Monday – Friday 5am – 7pm and

Saturday 5am – 5pm (PST)

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