Iowa Code § 9B.1
Short title
This chapter may be cited as the “Revised Uniform Law on Notarial Acts (2018)”.
Iowa Code Chapter 9B — Notarial Acts
Iowa · statute · Iowa Code ch. 9B · 32 active provisions
Provisions
Iowa Code § 9B.2
Definitions
In this chapter: 1. “Acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act…
Iowa Code § 9B.4
Authority to perform notarial act
1. A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this chapter. 2. A notarial officer shall not perform a notarial act with respect to a record to which the notarial officer or the notarial officer’s spouse is a party, or in which either of them has a direct…
Iowa Code § 9B.5
Requirements for certain notarial acts
1. A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and making the acknowledgment has the identity claimed and that the signature on the record is the…
Iowa Code § 9B.6
Personal appearance required
1. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer. 2. This section is satisfied by a remotely located individual using communication technology to appear before a not…
Iowa Code § 9B.7
Identification of individual
1. A notarial officer has personal knowledge of the identity of an individual appearing before the notarial officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. 2. A notarial officer has satisfactory eviden…
Iowa Code § 9B.8
Authority to refuse to perform notarial act
1. A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that any of the following apply: a. The individual executing the record is competent or has the capacity to execute the record. b. The individual’s signature is knowingly and voluntarily made. 2. A notarial officer may r…
Iowa Code § 9B.9
Signature if individual unable to sign
If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert “Signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar im…
Iowa Code § 9B.10
Notarial act in this state
1. A notarial act may be performed in this state by any of the following: a. A notary public of this state. b. A judge, clerk, or deputy clerk of a court of this state. c. A person authorized by the law of this state to administer oaths. d. Any other individual authorized to perform the specific act by the law of this…
Iowa Code § 9B.11
Notarial act in another state
1. A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by any of the following: a. A notary public of that state. b. A judge, clerk, or deputy clerk of a court of that state. c. Any…
Iowa Code § 9B.12
Notarial act under authority of federally recognized Indian tribe
1. A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by any of the following: a. A notary public of the tribe. b. A judge,…
Iowa Code § 9B.13
Notarial act under federal authority
1. A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by any of the following: a. A judge, clerk, or deputy clerk of a court. b. An individual in military service or performin…
Iowa Code § 9B.14
Foreign notarial act
1. As used in this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe. 2. If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a mul…
Iowa Code § 9B.14A
Notarial act performed for remotely located individual
1. As used in this section unless the context otherwise requires: a. “Communication technology” means an electronic device or process that does all of the following: 1. Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound. 2. When necessary and consis…
Iowa Code § 9B.14B
Remote facilitator
To be eligible to directly facilitate a notarial act using communication technology for a remotely located individual as provided in section 9B.14A, a remote facilitator must designate and continuously maintain in this state one of the following: 1. Its usual place of business in this state. 2. A registered office, whi…
Iowa Code § 9B.14C
Use of information
1. a. As used in this section, unless the context otherwise requires, “personally identifiable information” means information about or pertaining to an individual in a record which identifies the individual, and includes information that can be used to distinguish or trace an individual’s identity, either alone or when…
Iowa Code § 9B.15
Certificate of notarial act
1. A notarial act must be evidenced by a certificate. The certificate must meet all of the following requirements: a. Be executed contemporaneously with the performance of the notarial act. b. Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on…
Iowa Code § 9B.16
Short form certificates
The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 9B.15, subsections 1 and 2: 1. For an acknowledgment in an individual capacity:State of[County] ofThis record was acknowledged before me on(Date) byName(s) of individua…
Iowa Code § 9B.17
Official stamp
1. The official stamp of a notary public must comply with all of the following: a. Include the notary public’s name, the words “Notarial Seal” and “Iowa”, the words “Commission Number” followed by a number assigned to the notary public by the secretary of state, the words “My Commission Expires” followed either by the…
Iowa Code § 9B.18
Stamping device
1. A notary public is responsible for the security of the notary public’s stamping device and shall not allow another individual to use the device to perform a notarial act. 2. If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall noti…
Iowa Code § 9B.20
Notification regarding performance of notarial act on electronic record selection of technology
1. A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected. 2. Before a notary publi…
Iowa Code § 9B.21
Commission as notary public qualifications no immunity or benefit
1. An individual qualified under subsection 2 may apply to the secretary of state for a commission as a notary public. The applicant shall comply with and provide the information required by rules established by the secretary of state and pay an application fee of thirty dollars to the secretary of state. A person appo…
Iowa Code § 9B.21A
Notice of expiration of term
The secretary of state, two months preceding the expiration of a commission, shall notify the notary public of the expiration date and furnish a blank application for reappointment.
Iowa Code § 9B.21B
Fees certification
The secretary of state shall collect the following fees, for use in offsetting the cost of administering this chapter: 1. For furnishing a certified copy of any document, instrument, or paper relating to a notary public, one dollar per page and five dollars for the certificate. 2. For furnishing an uncertified copy of…
Iowa Code § 9B.23
Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public
1. The secretary of state may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including any of the following acts or omissions: a. A…
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