An Act
ENROLLED SENATE
BILL NO. 556 By: Haste of the Senate
and
Sims and Strom of the House
An Act relating to notaries public; amending 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; creating misdemeanor
offense; establishing punishment; updating statutory
references; and providing an effective date .
SUBJECT: Notaries public
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 49 O.S. 2021, Section 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 for 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
ENR. S. B. NO. 556 Page 2
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 jurisdiction again st a
notary public in this state for performing a false or fraudulent
notarial act, the Secretary 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, either from personal knowledge or from
satisfactory evidence, that the person appearing before the officer
and making the acknowledgment is the person whose true signature is
on the instrument.
B. In taking a verification upon oath or affirmation, the
notarial officer must determine, either from personal knowledge or
from satisfactory evidence, that the person appearing before the
officer and making the verificat ion is the person whose true
signature is on the statement verified.
C. In witnessing or attesting a signature the notarial officer
must determine, either from personal knowledge or from satisfactory
evidence, that the signature is that of the person app earing before
the officer and named therein.
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 case of official records, only the
custodian of the official records may issue an official certified
copy.
E. In making or noting a protest of a negotiable instrument the
notarial officer must determine the matters set forth in Section 3 -
509 of the Uniform Commercial Code.
F. A notarial officer has satisfactory evidence that a person
is the person whose true signature is on a document if that person
ENR. S. B. NO. 556 Page 3
is personally known to the notarial officer, is identified upon the
oath or affirmation of a c redible witness personally known to the
notarial officer or is identified on the basis of identification
documents.
G. A notarial officer who performs a notarial act pursuant to
this section without first making in good faith the required
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 exceed ten (10) days, or both
such fine and imprisonment.
SECTION 3. This act shall become effective November 1, 202 4.
ENR. S. B. NO. 556 Page 4
Passed the Senate the 7th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 24th day of April, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _______ __
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of _________________ _, 20 _______, at _______ o'clock _______ M.
By: _________________________________