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ENGROSSED HOUSE
BILL NO. 1578 By: Lawson, Roberts, and
Wolfley of the House
and
Hines of the Senate
An Act relating to notaries public; amending 49 O.S.
2021, Section 113, as amended by Section 2, Chapter
226, O.S.L. 2024 (49 O.S. Supp. 2024, Section 113),
which relates to acknowledgment, verification,
witnessing, and certifying of notarial officer;
modifying penalty; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 49 O.S. 2021, Section 113, as
amended by Section 2, Chapter 226, O.S.L. 2024 (49 O.S. Supp. 2024,
Section 113), is amended to read as follows:
Section 113. A. In taking an acknowledgment, the notarial
officer must determine, either from pers onal 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
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officer and making the verification 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 appearing 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 Comm ercial Code.
F. A notarial officer has satisfactory evidence that a person
is the person whose true signature is on a document if that 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 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 th e person appearing before the
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notary shall be guilty of a misdemeanor felony and upon conviction
be subject to a fine not to exceed One Thousand Dollars ($1,000.00)
Five Thousand Dollars ($5,000.00) , to imprisonment in the county
jail not to exceed ten (10) thirty (30) days, or both such fine and
imprisonment.
SECTION 2. This act shall become effective November 1, 2025.
Passed the House of Representatives the 12th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2025.
Presiding Officer of the Senate