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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 556 By: Newhouse
AS INTRODUCED
An Act relating to notaries public; amendin g 49 O.S.
2021, Sections 12 and 113, which relate to grounds to
deny, refuse to renew, or revoke a commission and
notarial acts; adding grounds for denial or
revocation of a commission; requiring main tenance of
record of certain notarial acts; specifying
information to be included in certain reco rd;
creating misdemeanor offense; establishing
punishment; updating statutory references; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 49 O.S. 2021, Secti on 12, is
amended to read as follows:
Section 12. A. The Secretary of State may deny, refuse to
renew, or revoke a commission as a notary public f or a:
1. Conviction of any felony;
2. Failure to meet the qualifications and application
requirements set forth in Sections 1 and 1.1 of Title 49 of the
Oklahoma Statutes this title; or
3. Failure to comply with the requirements set forth in Section
2 of Title 49 of the Oklahoma Statutes this title; or
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4. Failure to comply in good faith with the requirements set
forth in Section 113 of this title.
B. Upon receipt of a final judgment from a district court in
this state or its equivalent in a foreign jur isdiction against a
notary public in this state for performing a false or fraudulent
notarial act, the Secre tary of State shall revoke the appointment of
the notary public.
SECTION 2. AMENDATORY 49 O.S. 2021, Section 113, is
amended to read as follows:
Section 113. A. In taking an acknowledgment, the notarial
officer must determine, e ither from personal knowledge or from
satisfactory evidence, that the person appearing before the officer
and making the acknowledgment is the person whose true signature i s
on the instrument.
B. In taking a verification upon oath or affirmation, the
notarial officer must determine, either from personal k nowledge or
from satisfactory evidence, that the person appearing before the
officer and making the verification is the p erson whose true
signature is on the statement verified.
C. In witnessing or attest ing a signature the notarial officer
must determine, either from personal knowledge or from satisfactory
evidence, that the signature is that of the person appearing before
the officer and named therein.
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D. In certifying or attesting a copy of a document or other
item, the notarial officer must determine that the proffered copy is
a full, true, and accurate transcription or reproduction of that
which was copied. In the cas e of official records, only the
custodian of the official records may issue an offic ial certified
copy.
E. In making or noting a prote st of a negotiable instrument the
notarial officer must determine the matters set forth in Section 3 -
509 of the Uniform C ommercial Code.
F. A notarial officer has satisfactory evidence that a person
is the person whose true signature is on a document if t hat person
is personally known to the notarial officer, is identified upon the
oath or affirmation of a credible witness personally known to the
notarial officer or is identified on the basis of identifica tion
documents.
G. A notarial officer shall maintain a written or electronic
record of each notarial act p erformed under the provisions of
subsections A, B, or C of this section. Each record shall include a
statement of the not arial act performed, the date on which it
occurred, the name of the person a ppearing before the notarial
officer, and a statement of the means by which the notary made the
required determination of t he identity of the person.
H. A notarial officer who performs a notarial act pur suant to
this section without first making in good fai th the required
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determination of the identity of the person appearing before the
notary shall be guilty of a misdemeanor and upon conviction be
subject to a fine not to exceed One Thousand Dollars ($1,000. 00), to
imprisonment in the county jail not to exce ed ten (10) days, or both
such fine and imprisonment.
SECTION 3. This act shall become effective November 1, 2023.
59-1-694 TEK 1/17/2023 5:36:22 PM