Remote notarization

A9. There are special restrictions for such notarizations. A notary may not notarize a will or codicil or any acknowledgment required under sections 15-11-502 or 15-11-504, C.R.S., except as specifically provided in the Colorado Uniform Electronic Wills Act (HB 21-1004, effective January 21, 2021; amended by SB 21-266, effective July 2, 2021), codified at sections 15-11-1301 to 15-11-1311, C.R.S.

Q10. Can I perform remote notarizations for the circulator’s affidavits required for initiatives and candidate petitions?

A10. No, notary law expressly excludes remote notarization of any “record relating to the electoral process.” This includes notarization of circulator affidavits required for initiatives and candidate petitions.

Q11. Can I perform remote notarizations of real estate documents?

A11. Yes. Notaries may remotely notarize real estate deeds and other real estate documents, but it is not required.

Q12. Must the remote notarization be recorded? And if so, must the recording be stored?

A12. Yes, the remote notarization must be recorded and the audio-video recording must be securely stored for ten years. The recording may be stored using the same methods as the journal. For more information, see Q9 of the Official stamps and journals FAQs.

Q13. What if the remotely located individual does not want to be recorded?

A13. A notary cannot perform a remote notarization if the remotely located individual does not want or agree to be recorded.

Before actually recording the notarization, the notary public must first:

• Tell the remotely located individual that the notarization will be recorded and the details of its storage including where and for how long it will be stored; and
• Obtain the remotely located individual’s express consent (verbal agreement) to both the recording and storage of the recording.

Q14. What must the notary include in the audio-video recording of the remote notarization?

A14. Once the notary discloses the necessary information and obtains consent as in A8 above, the notary must make sure that the audio-video recording contains the following:

The notary must state:

• The notary’s name
• The date and time of the notarial act
• A description of all documents (examples: affidavit, financial record, etc.) involved in the notary act
• The remotely located individual’s name whose signature is the subject of the act
• The identity of any required credible witness
• The method(s) of identification (Colorado driver’s license, etc.) used to identify the remotely located individual and witness, if any:
  • Personal knowledge: If the notary uses personal knowledge of the remotely located individual, the notary must state how the notary public knows the remotely located individual and for how long.
  • Credible witness: lf the notary uses a credible witness to identify a remotely located individual, then the notary and the credible witness must make statements as follows:
    • The notary must explain: how the notary public knows the credible witness and for how long and
    • The credible witness must explain how the credible witness knows the remotely located individual.
    • A dynamic, knowledge-based authentication assessment by a trusted third party, like a remote notary provider.
    • A valid public key certificate that complies with the Colorado Notary Rules
    • Any other method that complies with the Colorado Notary Rules
    • All signatures, changes, and attachments to the record must be made in real time

    Q15. What kind of notarial certificates must the notary use in performing a remote notarization?

    A15. In performing a remote notarization, the notary public must only use the notarial certificates authorized by RULONA, sections 24-21-515 and -516, C.R.S.

    The certificate must also indicate that the notary performed the notarial act using audio-video technology.

    If a notary uses an Interpreter during a remote notarization, the certificate must indicate that the notarial act was performed using an interpreter and include the name and credential or certification number, if any, of the interpreter.

    Q16. What should my remote notary signature look like?

    A16. Your signature should be a digitized signature, which exactly matches your official signature on record with our office. Your official signature is the signature on your most recent notary affirmation (filed at the time of application or renewal) or your most recent change of signature form, whichever comes later. For more information, visit the Official Signature eLearning.

    Q17. What should my remote notary seal look like?

    A17. Your seal should exactly match your wet stamp. For an example, see Q4 of the Official stamps and journals FAQs.

    Q18. Can I perform a remote notarization for someone if I am physically located outside Colorado?

    A18. No, you cannot perform a remote notarization for someone if you (the notary public) are physically located outside the state of Colorado.

    Q19. Can I perform a remote notarization for someone who is physically located outside Colorado?

    A19. Yes, you may perform a remote notarization for a remotely located individual who is physically outside the state of Colorado as long as you are located within the borders of Colorado.

    However, if the remotely located individual is outside the United States, then both the following conditions must be satisfied:

    • You (the notary public) must not have actual knowledge that the notarial act is prohibited in the jurisdiction where the remotely located individual is physically located at the time of the act, and
    • The electronic documents must relate to at least one of the following:
      • A matter that will be filed with or is currently before a court, governmental entity, or other entity in the United States
      • Property located in the United States
      • A transaction substantially connected to the United States

      Q20. What can I charge for a remote notarization?

      A20. The notary may charge up to twenty-five dollars for a remote notarial act. [section 24-21-529(2), C.R.S].

      Q21. What’s the main difference between an electronic notarization and a remote notarization?

      A21.

      You may need to swipe or scroll sideways to see the whole table.
      

      Electronic notarization	Remote notarization
      Electronic notarization Requires that the Colorado notary public and the person for whom the notarial act is being performed be in the same room.	Remote notarization While the notary public must still be in Colorado, the notary public is not in the same location as the individual for whom the notarial act is performed.
      Electronic notarization Requires the document to be signed electronically, in most cases looking at a computer or other viewing screen.	Remote notarization Requires the document to be signed electronically with the notary and remotely located individual in separate locations.
      Electronic notarization Does not use audio-video communication.	Remote notarization Requires the use of real time audio-video communication.
      Electronic notarization Requires the notary to include a special Document Authentication Number (DAN) received from the Secretary of State’s office on each electronic notarization.	Remote notarization The use of a remote notarization provider’s system (provider) is required so that the notary can simultaneously witness in real time what is taking place, i.e., the signing or acknowledging a document.

      Q22. What do I do if I don’t want to be a remote notary anymore?

      A22. If you no longer wish to be a remote notary but want to retain your notary commission, you may resign your remote notary commission online. Resigning your remote notary commission with the steps below will allow you to still be a notary, but you will no longer be able to complete remote notarizations.

      To stop being a remote notary:

      • Log in to your account
      • Under the “Remote Notary” section of your account, click “Stop being a remote notary”

      Please note: If you are renewing your notary commission and do not want to be a remote notary anymore, you will need to resign your remote notary commission before completing the renewal form. Once you have resigned your remote notary commission, you may proceed with your renewal. If you do not resign your remote notary commission first, you will be asked to fill out a remote notary application as part of your renewal, including providing a remote notary training and exam certificate that is no older than 90 days.

      When you resign your remote notary commission, you will be asked to add your remote notarization journal information and indicate where your journals are being stored. See our Notary stamps and journals FAQs.

      If you are also an eNotary, resigning your remote notary commission will not affect your status as an eNotary.

      If you want or need to resign your entire commission, please see the General FAQs for information about resigning.

      Colorado Secretary of State | 1700 Broadway, Suite 550, Denver CO 80290 | 303-894-2200