Bill Text: IA SF2265 | 2011-2012 | 84th General Assembly | Enrolled
Bill Title: A bill for an act providing for notarial acts, providing for fees, and including effective date provisions. (Formerly SSB 3133.) Effective 1-1-13.
Spectrum: Committee Bill
Status: (Passed) 2012-04-04 - Signed by Governor. S.J. 737. [SF2265 Detail]
Download: Iowa-2011-SF2265-Enrolled.html
Senate
File
2265
AN
ACT
PROVIDING
FOR
NOTARIAL
ACTS,
PROVIDING
FOR
FEES,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
REVISED
UNIFORM
LAW
ON
NOTARIAL
ACTS
Section
1.
NEW
SECTION
.
9B.1
Short
title.
This
chapter
may
be
cited
as
the
“Revised
Uniform
Law
on
Notarial
Acts”
.
Sec.
2.
NEW
SECTION
.
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
of
the
individual
or
entity
identified
in
the
record.
2.
“Electronic”
means
relating
to
technology
having
electrical,
digital,
magnetic,
wireless,
optical,
electromagnetic,
or
similar
capabilities.
3.
“Electronic
signature”
means
an
electronic
symbol,
sound,
or
process
attached
to
or
logically
associated
with
a
record
and
executed
or
adopted
by
an
individual
with
the
intent
to
sign
the
record.
4.
“In
a
representative
capacity”
means
acting
as
any
of
the
following:
a.
An
authorized
officer,
agent,
partner,
trustee,
or
other
representative
for
a
person
other
than
an
individual.
b.
A
public
officer,
personal
representative,
guardian,
or
other
representative,
in
the
capacity
stated
in
a
record.
Senate
File
2265,
p.
2
c.
An
agent
or
attorney-in-fact
for
a
principal.
d.
An
authorized
representative
of
another
in
any
other
capacity.
5.
“Notarial
act”
means
an
act,
whether
performed
with
respect
to
a
tangible
or
electronic
record,
that
a
notarial
officer
may
perform
under
the
law
of
this
state.
The
term
includes
taking
an
acknowledgment,
administering
an
oath
or
affirmation,
taking
a
verification
on
oath
or
affirmation,
witnessing
or
attesting
a
signature,
certifying
or
attesting
a
copy,
and
noting
a
protest
of
a
negotiable
instrument.
6.
“Notarial
officer”
means
a
notary
public
or
other
individual
authorized
to
perform
a
notarial
act.
7.
“Notary
public”
means
an
individual
commissioned
to
perform
a
notarial
act
by
the
secretary
of
state.
8.
“Official
stamp”
means
a
physical
image
affixed
to
or
embossed
on
a
tangible
record
or
an
electronic
image
attached
to
or
logically
associated
with
an
electronic
record.
9.
“Person”
means
an
individual,
corporation,
business
trust,
statutory
trust,
estate,
trust,
partnership,
limited
liability
company,
association,
joint
venture,
public
corporation,
government
or
governmental
subdivision,
agency,
or
instrumentality,
or
any
other
legal
or
commercial
entity.
10.
a.
“Personal
appearance”
means
an
act
of
a
party
to
physically
appear
within
the
presence
of
a
notary
public
at
the
time
the
notarization
occurs.
b.
“Personal
appearance”
does
not
include
appearances
which
require
video,
optical,
or
technology
with
similar
capabilities.
11.
“Record”
means
information
that
is
inscribed
on
a
tangible
medium
or
that
is
stored
in
an
electronic
or
other
medium
and
is
retrievable
in
perceivable
form.
12.
“Sign”
means,
with
present
intent
to
authenticate
or
adopt
a
record,
to
do
any
of
the
following:
a.
Execute
or
adopt
a
tangible
symbol.
b.
Attach
to
or
logically
associate
with
the
record
an
electronic
symbol,
sound,
or
process.
13.
“Signature”
means
a
tangible
symbol
or
an
electronic
signature
that
evidences
the
signing
of
a
record.
14.
“Stamping
device”
means
any
of
the
following:
a.
A
physical
device
capable
of
affixing
to
or
embossing
on
a
tangible
record
an
official
stamp.
b.
An
electronic
device
or
process
capable
of
attaching
to
or
logically
associating
with
an
electronic
record
an
official
Senate
File
2265,
p.
3
stamp.
15.
“State”
means
a
state
of
the
United
States,
the
District
of
Columbia,
Puerto
Rico,
the
United
States
Virgin
Islands,
or
any
territory
or
insular
possession
subject
to
the
jurisdiction
of
the
United
States.
16.
“Verification
on
oath
or
affirmation”
means
a
declaration,
made
by
an
individual
on
oath
or
affirmation
before
a
notarial
officer,
that
a
statement
in
a
record
is
true.
Sec.
3.
NEW
SECTION
.
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
beneficial
interest.
A
notarial
act
performed
in
violation
of
this
subsection
is
voidable.
Sec.
4.
NEW
SECTION
.
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
signature
of
the
individual.
2.
A
notarial
officer
who
takes
a
verification
of
a
statement
on
oath
or
affirmation
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
verification
has
the
identity
claimed
and
that
the
signature
on
the
statement
verified
is
the
signature
of
the
individual.
3.
A
notarial
officer
who
witnesses
or
attests
to
a
signature
shall
determine,
from
personal
knowledge
or
satisfactory
evidence
of
the
identity
of
the
individual,
that
the
individual
appearing
before
the
notarial
officer
and
signing
the
record
has
the
identity
claimed.
4.
A
notarial
officer
who
certifies
or
attests
a
copy
of
a
record
or
an
item
that
was
copied
shall
determine
that
the
copy
is
a
full,
true,
and
accurate
transcription
or
reproduction
of
the
record
or
item.
Senate
File
2265,
p.
4
5.
A
notarial
officer
who
makes
or
notes
a
protest
of
a
negotiable
instrument
shall
determine
the
matters
set
forth
in
section
554.3505,
subsection
2.
Sec.
5.
NEW
SECTION
.
9B.6
Personal
appearance
required.
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.
Sec.
6.
NEW
SECTION
.
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
evidence
of
the
identity
of
an
individual
appearing
before
the
notarial
officer
if
the
notarial
officer
can
identify
the
individual
pursuant
to
any
of
the
following:
a.
By
means
of
any
of
the
following:
(1)
A
passport,
driver’s
license,
or
government-issued
nondriver
identification
card,
which
is
current
or
expired
not
more
than
three
years
before
performance
of
the
notarial
act.
(2)
Another
form
of
government
identification
issued
to
an
individual,
which
is
current
or
expired
not
more
than
three
years
before
performance
of
the
notarial
act,
contains
the
signature
or
a
photograph
of
the
individual,
and
is
satisfactory
to
the
notarial
officer.
b.
By
a
verification
on
oath
or
affirmation
of
a
credible
witness
personally
appearing
before
the
officer
and
known
to
the
notarial
officer
or
whom
the
notarial
officer
can
identify
on
the
basis
of
a
passport,
driver’s
license,
or
government-issued
nondriver
identification
card,
which
is
current
or
expired
not
more
than
three
years
before
performance
of
the
notarial
act.
3.
A
notarial
officer
may
require
an
individual
to
provide
additional
information
or
identification
credentials
necessary
to
assure
the
officer
of
the
identity
of
the
individual.
Sec.
7.
NEW
SECTION
.
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
Senate
File
2265,
p.
5
the
capacity
to
execute
the
record.
b.
The
individual’s
signature
is
knowingly
and
voluntarily
made.
2.
A
notarial
officer
may
refuse
to
perform
a
notarial
act
unless
refusal
is
prohibited
by
law
other
than
this
chapter.
3.
A
notarial
officer
shall
not
condition
the
performing
of
notarial
services
upon
the
requirement
that
the
person
served
be
a
customer
or
client
of
the
establishment
by
which
the
notarial
officer
is
employed.
The
employer
of
a
notary
public
shall
not
condition
the
performing
of
a
notarial
service
upon
the
requirement
that
the
person
served
be
a
customer
or
client
of
the
establishment
by
which
the
notary
public
is
employed.
Sec.
8.
NEW
SECTION
.
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
import.
Sec.
9.
NEW
SECTION
.
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
state.
e.
A
registrar
of
vital
statistics
or
a
designee
of
a
registrar
of
vital
statistics.
2.
The
signature
and
title
of
an
individual
performing
a
notarial
act
in
this
state
are
prima
facie
evidence
that
the
signature
is
genuine
and
that
the
individual
holds
the
designated
title.
3.
The
signature
and
title
of
a
notarial
officer
described
in
subsection
1,
paragraph
“a”
,
“b”
,
or
“c”
,
conclusively
establish
the
authority
of
the
notarial
officer
to
perform
a
notarial
act.
Sec.
10.
NEW
SECTION
.
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
Senate
File
2265,
p.
6
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
other
individual
authorized
by
the
law
of
that
state
to
perform
the
notarial
act.
2.
The
signature
and
title
of
an
individual
performing
a
notarial
act
in
another
state
are
prima
facie
evidence
that
the
signature
is
genuine
and
that
the
individual
holds
the
designated
title.
3.
The
signature
and
title
of
a
notarial
officer
described
in
subsection
1,
paragraph
“a”
or
“b”
,
conclusively
establish
the
authority
of
the
notarial
officer
to
perform
the
notarial
act.
4.
The
notarial
act
performed
in
another
state
must
be
performed
in
accordance
with
section
9B.6.
Sec.
11.
NEW
SECTION
.
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,
clerk,
or
deputy
clerk
of
a
court
of
the
tribe.
c.
Any
other
individual
authorized
by
the
law
of
the
tribe
to
perform
the
notarial
act.
2.
The
signature
and
title
of
an
individual
performing
a
notarial
act
under
the
authority
of
and
in
the
jurisdiction
of
a
federally
recognized
Indian
tribe
are
prima
facie
evidence
that
the
signature
is
genuine
and
that
the
individual
holds
the
designated
title.
3.
The
signature
and
title
of
a
notarial
officer
described
in
subsection
1,
paragraph
“a”
or
“b”
,
conclusively
establish
the
authority
of
the
notarial
officer
to
perform
the
notarial
act.
Sec.
12.
NEW
SECTION
.
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
performing
duties
Senate
File
2265,
p.
7
under
the
authority
of
military
service
who
is
authorized
to
perform
notarial
acts
under
federal
law.
c.
An
individual
designated
a
notarial
officer
by
the
United
States
department
of
state
for
performing
notarial
acts
overseas.
d.
Any
other
individual
authorized
by
federal
law
to
perform
the
notarial
act.
2.
The
signature
and
title
of
an
individual
acting
under
federal
authority
and
performing
a
notarial
act
are
prima
facie
evidence
that
the
signature
is
genuine
and
that
the
individual
holds
the
designated
title.
3.
The
signature
and
title
of
a
notarial
officer
described
in
subsection
1,
paragraph
“a”
,
“b”
,
or
“c”
,
conclusively
establish
the
authority
of
the
notarial
officer
to
perform
the
notarial
act.
Sec.
13.
NEW
SECTION
.
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
multinational
or
international
governmental
organization,
the
act
has
the
same
effect
under
the
law
of
this
state
as
if
performed
by
a
notarial
officer
of
this
state.
3.
If
the
title
of
office
and
indication
of
authority
to
perform
notarial
acts
in
a
foreign
state
appears
in
a
digest
of
foreign
law
or
in
a
list
customarily
used
as
a
source
for
that
information,
the
authority
of
an
officer
with
that
title
to
perform
notarial
acts
is
conclusively
established.
4.
The
signature
and
official
stamp
of
an
individual
holding
an
office
described
in
subsection
3
are
prima
facie
evidence
that
the
signature
is
genuine
and
the
individual
holds
the
designated
title.
5.
An
apostille
in
the
form
prescribed
by
the
Hague
convention
of
October
5,
1961,
and
issued
by
a
foreign
state
party
to
the
convention
conclusively
establishes
that
the
signature
of
the
notarial
officer
is
genuine
and
that
the
notarial
officer
holds
the
indicated
office.
6.
A
consular
authentication
issued
by
an
individual
designated
by
the
United
States
department
of
state
as
a
notarial
officer
for
performing
notarial
acts
overseas
and
attached
to
the
record
with
respect
to
which
the
notarial
act
Senate
File
2265,
p.
8
is
performed
conclusively
establishes
that
the
signature
of
the
notarial
officer
is
genuine
and
that
the
notarial
officer
holds
the
indicated
office.
Sec.
14.
NEW
SECTION
.
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
file
with
the
secretary
of
state.
c.
Identify
the
jurisdiction
in
which
the
notarial
act
is
performed.
d.
Contain
the
title
of
office
of
the
notarial
officer.
e.
If
the
notarial
officer
is
a
notary
public,
indicate
the
date
of
expiration,
if
any,
of
the
notarial
officer’s
commission.
2.
If
a
notarial
act
regarding
a
tangible
record
is
performed
by
a
notary
public,
an
official
stamp
must
be
affixed
to
or
embossed
on
the
certificate.
If
a
notarial
act
is
performed
regarding
a
tangible
record
by
a
notarial
officer
other
than
a
notary
public
and
the
certificate
contains
the
information
specified
in
subsection
1,
paragraphs
“b”
,
“c”
,
and
“d”
,
an
official
stamp
may
be
affixed
to
or
embossed
on
the
certificate.
If
a
notarial
act
regarding
an
electronic
record
is
performed
by
a
notarial
officer
and
the
certificate
contains
the
information
specified
in
subsection
1,
paragraphs
“b”
,
“c”
,
and
“d”
,
an
official
stamp
may
be
attached
to
or
logically
associated
with
the
certificate.
3.
A
certificate
of
a
notarial
act
is
sufficient
if
it
meets
the
requirements
of
subsections
1
and
2
and
all
of
the
following
apply:
a.
It
is
in
a
short
form
set
forth
in
section
9B.16.
b.
It
is
in
a
form
otherwise
permitted
by
the
law
of
this
state.
c.
It
is
in
a
form
permitted
by
the
law
applicable
in
the
jurisdiction
in
which
the
notarial
act
is
performed.
d.
It
sets
forth
the
actions
of
the
notarial
officer
and
the
actions
are
sufficient
to
meet
the
requirements
of
the
notarial
act
as
provided
in
sections
9B.5,
9B.6,
and
9B.7,
or
a
law
of
this
state
other
than
this
chapter.
4.
By
executing
a
certificate
of
a
notarial
act,
a
notarial
officer
certifies
that
the
notarial
officer
has
complied
with
Senate
File
2265,
p.
9
the
requirements
and
made
the
determinations
specified
in
sections
9B.4,
9B.5,
and
9B.6.
5.
A
notarial
officer
shall
not
affix
the
notarial
officer’s
signature
to,
or
logically
associate
it
with,
a
certificate
until
the
notarial
act
has
been
performed.
6.
If
a
notarial
act
is
performed
regarding
a
tangible
record,
a
certificate
must
be
part
of,
or
securely
attached
to,
the
record.
If
a
notarial
act
is
performed
regarding
an
electronic
record,
the
certificate
must
be
affixed
to,
or
logically
associated
with,
the
electronic
record.
If
the
secretary
of
state
has
established
standards
pursuant
to
section
9B.27
for
attaching,
affixing,
or
logically
associating
the
certificate,
the
process
must
conform
to
the
standards.
Sec.
15.
NEW
SECTION
.
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]
of
........
This
record
was
acknowledged
before
me
on
......
(Date)
by
..............
Name(s)
of
individual(s)
....................
Signature
of
notarial
officer
Stamp
[
..............
]
Title
of
office
[My
commission
expires:
......
]
2.
For
an
acknowledgment
in
a
representative
capacity:
State
of
........
[County]
of
........
This
record
was
acknowledged
before
me
on
......
(Date)
by
..............
Name(s)
of
individual(s)
as
(type
of
authority,
such
as
officer
or
trustee)
of
(name
of
party
on
behalf
of
whom
record
was
executed).
....................
Signature
of
notarial
officer
Stamp
[
..............
]
Title
of
office
[My
commission
expires:
......
]
3.
For
a
verification
on
oath
or
affirmation:
State
of
........
Senate
File
2265,
p.
10
[County]
of
........
Signed
and
sworn
to
(or
affirmed)
before
me
on
......
(Date)
by
..............
Name(s)
of
individual(s)
making
statement
....................
Signature
of
notarial
officer
Stamp
[
..............
]
Title
of
office
[My
commission
expires:
......
]
4.
For
witnessing
or
attesting
a
signature:
State
of
........
[County]
of
........
Signed
[or
attested]
before
me
on
......
(Date)
by
..............
Name(s)
of
individual(s)
....................
Signature
of
notarial
officer
Stamp
[
..............
]
Title
of
office
[My
commission
expires
......
]
5.
For
certifying
a
copy
of
a
record:
State
of
........
[County]
of
........
I
certify
that
this
is
a
true
and
correct
copy
of
a
record
in
the
possession
of
........
Dated
......
....................
Signature
of
notarial
officer
Stamp
[
..............
]
Title
of
office
[My
commission
expires:
......
]
Sec.
16.
NEW
SECTION
.
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
date
that
the
notary
public’s
term
would
ordinarily
expire
as
provided
in
section
9B.21
or
a
blank
line,
and
other
information
required
by
the
secretary
of
state.
b.
Be
capable
of
being
copied
together
with
the
record
to
Senate
File
2265,
p.
11
which
it
is
affixed
or
attached
or
with
which
it
is
logically
associated.
If
the
official
stamp
contains
a
blank
line,
the
person
must
print
the
date
that
the
notary
public’s
term
would
ordinarily
expire
on
the
blank
line
imprinted
on
each
record
subject
to
a
notarial
act.
2.
This
section
does
not
apply
to
a
judicial
officer
as
defined
in
section
602.1101
performing
a
notarial
act
in
accordance
with
state
or
federal
authority.
This
section
does
not
apply
to
a
chief
officer
or
a
chief
officer’s
designee
certifying
a
peace
officer’s
verification
of
a
uniform
citation
and
complaint
pursuant
to
section
805.6,
subsection
3.
A
judicial
officer,
chief
officer,
or
chief
officer’s
designee
is
not
required
to
acquire
or
use
an
official
stamp
in
performing
these
acts.
Sec.
17.
NEW
SECTION
.
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
notify
promptly
the
commissioning
officer
or
agency
on
discovering
that
the
device
is
lost
or
stolen.
Sec.
18.
NEW
SECTION
.
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
public
performs
the
notary
public’s
initial
notarial
act
with
respect
to
an
electronic
record,
a
notary
public
shall
notify
the
secretary
of
state
that
the
notary
public
will
be
performing
notarial
acts
with
respect
to
electronic
records
and
identify
the
technology
the
notary
public
intends
to
use.
If
the
secretary
of
state
has
established
standards
for
approval
of
technology
pursuant
to
section
9B.27,
the
technology
must
conform
to
the
standards.
If
the
technology
conforms
to
the
standards,
the
secretary
of
state
shall
approve
the
use
of
the
technology.
Sec.
19.
NEW
SECTION
.
9B.21
Commission
as
notary
public
——
qualifications
——
no
immunity
or
benefit.
Senate
File
2265,
p.
12
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
appointed
as
a
notary
public
under
subsection
4
is
not
subject
to
the
fee
imposed
by
this
subsection.
2.
An
applicant
for
a
commission
as
a
notary
public
shall
meet
all
of
the
following
qualifications:
a.
Be
at
least
eighteen
years
of
age.
b.
Be
a
citizen
or
permanent
legal
resident
of
the
United
States.
c.
Be
a
resident
of
or
have
a
place
of
employment
or
practice
in
this
state.
d.
Be
able
to
read
and
write
English.
e.
Not
be
disqualified
to
receive
a
commission
under
section
9B.23.
3.
Before
issuance
of
a
commission
as
a
notary
public,
an
applicant
for
the
commission
shall
execute
an
oath
of
office
and
submit
it
to
the
secretary
of
state.
4.
a.
The
secretary
of
state
shall
appoint
members
of
the
general
assembly
as
notaries
public,
upon
request,
and
may
revoke
an
appointment
for
cause.
b.
The
secretary
of
state
may
appoint
one
or
more
employees
of
a
state
agency
as
a
notary
public
to
perform
notarial
acts
associated
with
their
positions,
pursuant
to
conditions
established
by
the
secretary
of
state.
As
used
in
this
paragraph,
“state
agency”
means
any
executive,
judicial,
or
legislative
department,
commission,
board,
institution,
division,
bureau,
office,
agency,
or
other
entity
of
state
government.
5.
The
secretary
of
state
may
appoint
as
a
notary
public
a
resident
of
a
state
bordering
Iowa
if
that
person’s
place
of
work
or
business
is
within
the
state
of
Iowa.
If
a
notary
public
who
is
a
resident
of
a
state
bordering
Iowa
ceases
to
work
or
maintain
a
place
of
business
in
Iowa,
the
notary
commission
expires.
6.
On
compliance
with
this
section,
the
secretary
of
state
shall
issue
a
commission
as
a
notary
public
to
an
applicant
for
a
term
of
three
years.
The
term
of
a
notarial
officer
who
is
a
resident
of
a
state
bordering
Iowa
and
whose
place
of
work
or
business
is
in
Iowa
is
one
year.
The
term
of
a
notary
public
who
is
a
member
of
the
general
assembly
is
the
member’s
term
of
Senate
File
2265,
p.
13
office.
The
term
of
a
notary
public
who
is
an
employee
of
a
state
agency
designated
to
receive
an
appointment
as
provided
in
subsection
4
shall
terminate
at
the
end
of
employment.
7.
A
commission
to
act
as
a
notary
public
authorizes
the
notary
public
to
perform
notarial
acts.
The
commission
does
not
provide
the
notary
public
any
immunity
or
benefit
conferred
by
law
of
this
state
on
public
officials
or
employees.
Sec.
20.
NEW
SECTION
.
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.
Sec.
21.
NEW
SECTION
.
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
any
document,
instrument,
or
paper
relating
to
a
notary
public,
one
dollar
per
page.
3.
For
certifying,
under
seal
of
the
secretary
of
state,
a
statement
as
to
the
status
of
a
notary
commission
which
would
not
appear
from
a
certified
copy
of
documents
on
file
in
the
secretary
of
state’s
office,
five
dollars.
Sec.
22.
NEW
SECTION
.
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
failure
to
comply
with
this
chapter.
b.
A
fraudulent,
dishonest,
or
deceitful
misstatement
or
omission
in
the
application
for
a
commission
as
a
notary
public
submitted
to
the
secretary
of
state.
c.
A
conviction
of
the
applicant
or
notary
public
of
any
felony
or
a
crime
involving
fraud,
dishonesty,
or
deceit.
d.
A
finding
against,
or
admission
of
liability
by,
the
applicant
or
notary
public
in
any
legal
proceeding
or
disciplinary
action
based
on
the
applicant’s
or
notary
public’s
fraud,
dishonesty,
or
deceit.
Senate
File
2265,
p.
14
e.
A
failure
by
the
notary
public
to
discharge
any
duty
required
of
a
notary
public,
whether
by
this
chapter,
rules
adopted
by
the
secretary
of
state,
or
any
federal
or
state
law.
f.
The
use
of
false
or
misleading
advertising
or
representation
by
the
notary
public
representing
that
the
notary
public
has
a
duty,
right,
or
privilege
that
the
notary
public
does
not
have.
g.
A
violation
by
the
notary
public
of
a
rule
adopted
by
the
secretary
of
state
regarding
a
notary
public.
h.
A
denial,
refusal
to
renew,
revocation,
suspension,
or
conditioning
of
a
notary
public
commission
in
another
state.
2.
If
the
secretary
of
state
denies,
refuses
to
renew,
revokes,
suspends,
or
imposes
conditions
on
a
commission
as
a
notary
public,
the
applicant
or
notary
public
is
entitled
to
timely
notice
and
hearing
in
accordance
with
rules
adopted
by
the
secretary
of
state.
3.
The
authority
of
the
secretary
of
state
to
deny,
refuse
to
renew,
suspend,
revoke,
or
impose
conditions
on
a
commission
as
a
notary
public
does
not
prevent
either
the
secretary
of
state
or
a
person
aggrieved
by
a
notary
public
from
seeking
and
obtaining
other
criminal
or
civil
remedies
provided
by
law.
Sec.
23.
NEW
SECTION
.
9B.24
Database
of
notaries
public.
The
secretary
of
state
shall
maintain
an
electronic
database
of
notaries
public
which
complies
with
all
of
the
following:
1.
Through
which
a
person
may
verify
the
authority
of
a
notary
public
to
perform
notarial
acts.
2.
Which
indicates
whether
a
notary
public
has
notified
the
secretary
of
state
that
the
notary
public
will
be
performing
notarial
acts
on
electronic
records.
Sec.
24.
NEW
SECTION
.
9B.25
Prohibited
acts.
1.
A
commission
as
a
notary
public
does
not
authorize
an
individual
to
do
any
of
the
following:
a.
Assist
persons
in
drafting
legal
records,
give
legal
advice,
or
otherwise
practice
law.
b.
Act
as
an
immigration
consultant
or
an
expert
on
immigration
matters.
c.
Represent
a
person
in
a
judicial
or
administrative
proceeding
relating
to
immigration
to
the
United
States,
United
States
citizenship,
or
related
matters.
d.
Receive
compensation
for
performing
any
of
the
activities
listed
in
this
subsection.
2.
A
notary
public
shall
not
engage
in
false
or
deceptive
advertising.
Senate
File
2265,
p.
15
3.
A
notary
public,
other
than
an
attorney
licensed
to
practice
law
in
this
state,
shall
not
use
the
term
“notario”
or
“notario
publico”.
4.
A
notary
public,
other
than
an
attorney
licensed
to
practice
law
in
this
state,
shall
not
advertise
or
represent
that
the
notary
public
may
assist
persons
in
drafting
legal
records,
give
legal
advice,
or
otherwise
practice
law.
If
a
notary
public
who
is
not
an
attorney
licensed
to
practice
law
in
this
state
in
any
manner
advertises
or
represents
that
the
notary
public
offers
notarial
services,
whether
orally
or
in
a
record,
including
broadcast
media,
print
media,
or
the
internet,
the
notary
public
shall
include
the
following
statement,
or
an
alternate
statement
authorized
or
required
by
the
secretary
of
state
in
the
advertisement
or
representation,
prominently
and
in
each
language
used
in
the
advertisement
or
representation:
I
am
not
an
attorney
licensed
to
practice
law
in
this
state.
I
am
not
allowed
to
draft
legal
records,
give
advice
on
legal
matters,
including
immigration,
or
charge
a
fee
for
those
activities.
If
the
form
of
advertisement
or
representation
is
not
broadcast
media,
print
media,
or
the
internet
and
does
not
permit
inclusion
of
the
statement
required
by
this
subsection
because
of
size,
it
must
be
displayed
prominently
or
provided
at
the
place
of
performance
of
the
notarial
act
before
the
notarial
act
is
performed.
5.
Except
as
otherwise
allowed
by
law,
a
notary
public
shall
not
withhold
access
to
or
possession
of
an
original
record
provided
by
a
person
that
seeks
performance
of
a
notarial
act
by
the
notary
public.
Sec.
25.
NEW
SECTION
.
9B.26
Validity
of
notarial
acts.
1.
Except
as
otherwise
provided
in
section
9B.4,
subsection
2,
the
failure
of
a
notarial
officer
to
perform
a
duty
or
meet
a
requirement
specified
in
this
chapter
does
not
invalidate
a
notarial
act
performed
by
the
notarial
officer.
The
validity
of
a
notarial
act
under
this
chapter
does
not
prevent
an
aggrieved
person
from
seeking
to
invalidate
the
record
or
transaction
that
is
the
subject
of
the
notarial
act
or
from
seeking
other
remedies
based
on
law
of
this
state
other
than
this
chapter
or
law
of
the
United
States.
This
section
does
not
validate
a
purported
notarial
act
performed
by
an
individual
who
does
not
have
the
authority
to
perform
notarial
acts.
Senate
File
2265,
p.
16
2.
The
validity
of
a
notarial
act
shall
not
be
affected
or
impaired
by
the
fact
that
the
notarial
officer
performing
the
notarial
act
is
an
officer,
director,
or
shareholder
of
a
corporation
that
may
have
a
beneficial
interest
or
other
interest
in
the
subject
matter
of
the
notarial
act.
Sec.
26.
NEW
SECTION
.
9B.27
Rules.
The
secretary
of
state
may
adopt
rules
to
administer
this
chapter.
Any
rules
adopted
with
respect
to
the
performance
of
notarial
acts
on
electronic
records
shall
not
require
or
favor
one
technology
or
technical
specification
over
another.
Sec.
27.
NEW
SECTION
.
9B.28
Notary
public
commission
in
effect.
A
commission
as
a
notary
public
in
effect
on
January
1,
2013,
continues
until
its
date
of
expiration.
A
notary
public
who
applies
to
renew
a
commission
as
a
notary
public
on
or
after
January
1,
2013,
is
subject
to
and
shall
comply
with
this
chapter.
A
notary
public,
in
performing
notarial
acts
on
or
after
January
1,
2013,
shall
comply
with
this
chapter.
Sec.
28.
NEW
SECTION
.
9B.30
Uniformity
of
application
and
construction.
In
applying
and
construing
this
chapter,
consideration
must
be
given
to
the
need
to
promote
uniformity
of
the
law
with
respect
to
its
subject
matter
among
states
that
enact
the
revised
uniform
law
on
notarial
acts.
Sec.
29.
NEW
SECTION
.
9B.31
Relation
to
electronic
signatures
in
global
and
national
commerce
act.
This
chapter
modifies,
limits,
and
supersedes
the
federal
Electronic
Signatures
in
Global
and
National
Commerce
Act,
15
U.S.C.
§
7001
et
seq.,
but
does
not
modify,
limit,
or
supersede
section
101(c)
of
that
Act,
15
U.S.C.
§
7001(c),
or
authorize
electronic
delivery
of
any
of
the
notices
described
in
section
103(b)
of
that
Act,
15
U.S.C.
§
7003(b).
Sec.
30.
REPEAL.
Chapter
9E,
Code
2011,
is
repealed.
DIVISION
II
COORDINATING
AMENDMENTS
Sec.
31.
Section
2C.7,
subsection
1,
Code
2011,
is
amended
to
read
as
follows:
1.
Hold
another
public
office
of
trust
or
profit
under
the
laws
of
this
state
other
than
the
office
of
notary
public
as
provided
in
chapter
9B
.
Sec.
32.
Section
4.1,
subsection
28,
Code
2011,
is
amended
to
read
as
follows:
28.
Seal.
Where
the
seal
of
a
court,
public
office,
public
Senate
File
2265,
p.
17
officer,
or
public
or
private
corporation
may
be
required
to
be
affixed
to
any
paper,
the
word
“seal”
shall
include
an
impression
upon
the
paper
alone,
or
upon
wax
,
or
a
wafer
affixed
to
the
paper,
or
an
official
ink
stamp
if
a
notarial
seal
of
a
notarial
officer
as
provided
in
chapter
9B
.
If
the
seal
of
a
court
is
required,
the
word
“seal”
may
also
include
a
visible
electronic
image
of
the
seal
on
an
electronic
document.
Sec.
33.
Section
29B.129,
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
follows:
The
following
members
of
the
state
military
forces
may
administer
oaths
for
the
purposes
of
military
administration
including
military
justice,
and
affidavits
may
be
taken
for
those
purposes
before
persons
having
the
general
powers
of
a
notary
public
as
provided
in
chapter
9B
:
Sec.
34.
Section
43.14,
subsection
4,
paragraph
e,
Code
2011,
is
amended
to
read
as
follows:
e.
The
signature
of
a
notary
public
under
chapter
9B
or
other
officer
empowered
to
witness
oaths.
Sec.
35.
Section
45.5,
subsection
5,
paragraph
d,
Code
2011,
is
amended
to
read
as
follows:
d.
The
signature
of
a
notary
public
under
chapter
9B
or
other
officer
empowered
to
witness
oaths.
Sec.
36.
Section
144.12A,
subsection
5,
paragraph
a,
Code
2011,
is
amended
to
read
as
follows:
a.
Information
provided
to
the
registry
may
be
revoked
by
the
registrant
by
submission
of
a
written
statement
signed
and
acknowledged
by
the
registrant
before
a
notary
public
as
provided
in
chapter
9B
.
Sec.
37.
Section
144A.3,
subsection
2,
paragraph
b,
Code
2011,
is
amended
to
read
as
follows:
b.
Is
acknowledged
before
a
notarial
officer
within
this
state
as
provided
in
chapter
9B
.
Sec.
38.
Section
144B.3,
subsection
1,
paragraph
b,
subparagraph
(2),
Code
2011,
is
amended
to
read
as
follows:
(2)
Is
acknowledged
before
a
notarial
officer
within
this
state
as
provided
in
chapter
9B
.
Sec.
39.
Section
144C.6,
subsection
2,
paragraph
b,
Code
Supplement
2011,
is
amended
to
read
as
follows:
b.
Acknowledged
before
a
notarial
officer
as
provided
in
chapter
9B
.
Sec.
40.
Section
252A.3A,
subsection
5,
paragraph
h,
Code
Supplement
2011,
is
amended
to
read
as
follows:
h.
The
signature
of
a
notary
public
under
chapter
9B
Senate
File
2265,
p.
18
attesting
to
the
identities
of
the
parties
signing
the
affidavit
of
paternity.
Sec.
41.
Section
321.251,
subsection
2,
paragraph
b,
Code
2011,
is
amended
to
read
as
follows:
b.
A
written
notice
of
election
shall
be
filed
with
the
designated
officials
of
the
local
authority
whose
ordinances,
rules,
or
regulations
will
govern
the
vehicular
traffic.
The
appropriate
officials
shall
be
the
city
clerk
and
chief
of
police
of
the
city
in
which
the
real
property
is
located
and
the
county
sheriff
and
the
county
recorder
of
the
county
in
which
the
real
property
is
located.
The
notice
shall
include
the
legal
description
of
the
real
property,
the
street
address,
if
any,
and
the
date
and
time
when
the
owner
wishes
the
election
to
become
effective.
The
notice
shall
be
signed
by
every
titleholder
of
the
real
property
and
acknowledged
by
a
notary
public
as
provided
in
chapter
9B
.
Sec.
42.
Section
321G.29,
subsection
3,
Code
Supplement
2011,
is
amended
to
read
as
follows:
3.
An
owner
of
a
snowmobile
shall
apply
to
the
county
recorder
for
issuance
of
a
certificate
of
title
within
thirty
days
after
acquisition.
The
application
shall
be
on
forms
the
department
prescribes
and
accompanied
by
the
required
fee.
The
application
shall
be
signed
and
sworn
to
before
a
notary
public
notarial
officer
as
provided
in
chapter
9B
or
other
person
who
administers
oaths,
or
shall
include
a
certification
signed
in
writing
containing
substantially
the
representation
that
statements
made
are
true
and
correct
to
the
best
of
the
applicant’s
knowledge,
information,
and
belief,
under
penalty
of
perjury.
The
application
shall
contain
the
date
of
sale
and
gross
price
of
the
snowmobile
or
the
fair
market
value
if
no
sale
immediately
preceded
the
transfer
and
any
additional
information
the
department
requires.
If
the
application
is
made
for
a
snowmobile
last
previously
registered
or
titled
in
another
state
or
foreign
country,
the
application
shall
contain
this
information
and
any
other
information
the
department
requires.
Sec.
43.
Section
321I.31,
subsection
3,
Code
2011,
is
amended
to
read
as
follows:
3.
An
owner
of
an
all-terrain
vehicle
shall
apply
to
the
county
recorder
for
issuance
of
a
certificate
of
title
within
thirty
days
after
acquisition.
The
application
shall
be
on
forms
the
department
prescribes
and
accompanied
by
the
required
fee.
The
application
shall
be
signed
and
sworn
to
Senate
File
2265,
p.
19
before
a
notary
public
as
provided
in
chapter
9B
or
other
person
who
administers
oaths,
or
shall
include
a
certification
signed
in
writing
containing
substantially
the
representation
that
statements
made
are
true
and
correct
to
the
best
of
the
applicant’s
knowledge,
information,
and
belief,
under
penalty
of
perjury.
The
application
shall
contain
the
date
of
sale
and
gross
price
of
the
all-terrain
vehicle
or
the
fair
market
value
if
no
sale
immediately
preceded
the
transfer
and
any
additional
information
the
department
requires.
If
the
application
is
made
for
an
all-terrain
vehicle
last
previously
registered
or
titled
in
another
state
or
foreign
country,
the
application
shall
contain
this
information
and
any
other
information
the
department
requires.
Sec.
44.
Section
462A.77,
subsection
4,
Code
2011,
is
amended
to
read
as
follows:
4.
Every
owner
of
a
vessel
subject
to
titling
under
this
chapter
shall
apply
to
the
county
recorder
for
issuance
of
a
certificate
of
title
for
the
vessel
within
thirty
days
after
acquisition.
The
application
shall
be
on
forms
the
department
prescribes,
and
accompanied
by
the
required
fee.
The
application
shall
be
signed
and
sworn
to
before
a
notary
public
as
provided
in
chapter
9B
or
other
person
who
administers
oaths,
or
shall
include
a
certification
signed
in
writing
containing
substantially
the
representation
that
statements
made
are
true
and
correct
to
the
best
of
the
applicant’s
knowledge,
information,
and
belief,
under
penalty
of
perjury.
The
application
shall
contain
the
date
of
sale
and
gross
price
of
the
vessel
or
the
fair
market
value
if
no
sale
immediately
preceded
the
transfer,
and
any
additional
information
the
department
requires.
If
the
application
is
made
for
a
vessel
last
previously
registered
or
titled
in
another
state
or
foreign
country,
it
shall
contain
this
information
and
any
other
information
the
department
requires.
Sec.
45.
Section
535B.1,
subsection
11,
Code
Supplement
2011,
is
amended
to
read
as
follows:
11.
“Real
estate
closing
services”
means
the
administrative
and
clerical
services
required
to
carry
out
the
conveyance
or
transfer
of
real
estate
or
an
interest
in
real
estate
located
in
this
state
to
a
purchaser
or
lender.
“Real
estate
closing
services”
include
but
are
not
limited
to
preparing
settlement
statements,
determining
that
all
closing
documents
conform
to
the
parties’
contract
requirements,
ascertaining
that
the
lender’s
instructions
have
been
satisfied,
conducting
a
closing
Senate
File
2265,
p.
20
conference,
receiving
and
disbursing
funds,
and
completing
form
documents
and
instruments
selected
by
and
in
accordance
with
instructions
of
the
parties
to
the
transaction.
“Real
estate
closing
services”
do
not
include
performing
solely
notary
functions
notarial
acts
as
provided
in
chapter
9B
.
Sec.
46.
Section
554.3505,
subsection
2,
Code
2011,
is
amended
to
read
as
follows:
2.
A
protest
is
a
certificate
of
dishonor
made
by
a
United
States
consul
or
vice
consul,
or
a
notary
public
as
provided
in
chapter
9B
or
other
person
authorized
to
administer
oaths
by
the
law
of
the
place
where
dishonor
occurs.
It
may
be
made
upon
information
satisfactory
to
that
person.
The
protest
must
identify
the
instrument
and
certify
either
that
presentment
has
been
made
or,
if
not
made,
the
reason
why
it
was
not
made,
and
that
the
instrument
has
been
dishonored
by
nonacceptance
or
nonpayment.
The
protest
may
also
certify
that
notice
of
dishonor
has
been
given
to
some
or
all
parties.
Sec.
47.
Section
558.15,
Code
2011,
is
amended
to
read
as
follows:
558.15
Notarial
Official
stamps
or
seals
of
nonresidents
nonresident
public
notaries
——
presumption.
Any
notarial
official
stamp
or
seal
purporting
to
have
been
affixed
to
any
instrument
in
writing,
by
any
notary
public
as
provided
in
chapter
9B
residing
elsewhere
than
in
this
state,
shall
be
prima
facie
evidence
that
the
words
thereon
engraved
conform
to
the
requirements
of
the
law
of
the
place
where
such
certificate
purports
to
have
been
made.
Sec.
48.
Section
558.20,
Code
2011,
is
amended
to
read
as
follows:
558.20
Acknowledgments.
The
acknowledgment
of
any
deed,
conveyance,
or
other
instrument
in
writing
by
which
real
estate
in
this
state
is
conveyed
or
encumbered,
whether
made
within
this
state,
outside
this
state,
outside
the
United
States,
or
under
federal
authority,
shall
comply
with
the
provisions
of
chapter
9E
9B
.
Sec.
49.
Section
558.40,
Code
2011,
is
amended
to
read
as
follows:
558.40
Liability
of
officer.
Any
officer,
who
knowingly
misstates
a
material
fact
in
any
of
the
certificates
mentioned
in
this
chapter
or
chapter
9E
9B
,
shall
be
liable
for
all
damages
caused
thereby,
and
shall
be
guilty
of
a
serious
misdemeanor.
Sec.
50.
Section
558.42,
Code
2011,
is
amended
to
read
as
Senate
File
2265,
p.
21
follows:
558.42
Acknowledgment
as
condition
precedent.
A
document
shall
not
be
deemed
lawfully
recorded,
unless
it
has
been
previously
acknowledged
or
proved
in
the
manner
prescribed
in
chapter
9E
9B
,
except
that
affidavits,
and
certified
copies
of
petitions
in
bankruptcy
with
or
without
the
schedules
appended,
of
decrees
of
adjudication
in
bankruptcy,
and
of
orders
approving
trustees’
bonds
in
bankruptcy,
and
uniform
commercial
code
financing
statements
and
financing
statement
changes
as
provided
in
chapter
554
need
not
be
thus
acknowledged.
Sec.
51.
Section
589.4,
Code
2011,
is
amended
to
read
as
follows:
589.4
Acknowledgments
by
corporation
officers.
The
acknowledgments
of
all
deeds,
mortgages,
or
other
instruments
in
writing
taken
or
certified
more
than
ten
years
earlier,
which
instruments
have
been
recorded
in
the
recorder’s
office
of
any
county
of
this
state,
including
acknowledgments
of
instruments
made
by
a
corporation,
or
to
which
the
corporation
was
a
party,
or
under
which
the
corporation
was
a
beneficiary,
and
which
have
been
acknowledged
before
or
certified
by
a
notary
public
as
provided
in
chapter
9B
who
was
at
the
time
of
the
acknowledgment
or
certifying
a
stockholder
or
officer
in
the
corporation,
are
legal
and
valid
official
acts
of
the
notaries
public,
and
entitle
the
instruments
to
be
recorded,
anything
in
the
laws
of
the
state
of
Iowa
in
regard
to
acknowledgments
to
the
contrary
notwithstanding.
This
section
does
not
affect
pending
litigation.
Sec.
52.
Section
589.5,
Code
2011,
is
amended
to
read
as
follows:
589.5
Acknowledgments
by
stockholders.
All
deeds
and
conveyances
of
lands
within
this
state
executed
more
than
ten
years
earlier,
but
which
have
been
acknowledged
or
proved
according
to
and
in
compliance
with
the
laws
of
this
state
before
a
notary
public
as
provided
in
chapter
9B
or
other
official
authorized
by
law
to
take
acknowledgments
who
was,
at
the
time
of
the
acknowledgment,
an
officer
or
stockholder
of
a
corporation
interested
in
the
deed
or
conveyance,
or
otherwise
interested
in
the
deeds
or
conveyances,
are,
if
otherwise
valid,
valid
in
law
as
though
acknowledged
or
proved
before
an
officer
not
interested
in
the
deeds
or
conveyances;
and
if
recorded
more
than
ten
years
earlier,
in
the
respective
counties
in
which
the
lands
are,
the
Senate
File
2265,
p.
22
records
are
valid
in
law
as
though
the
deeds
and
conveyances,
so
acknowledged
or
proved
and
recorded,
had,
prior
to
being
recorded,
been
acknowledged
or
proved
before
an
officer
having
no
interest
in
the
deeds
or
conveyances.
Sec.
53.
Section
600.7,
subsection
2,
paragraph
b,
Code
2011,
is
amended
to
read
as
follows:
b.
If
by
any
other
person,
either
in
the
presence
of
the
juvenile
court
or
court
in
which
the
adoption
petition
is
filed
or
before
a
notary
public
as
provided
in
chapter
9B
.
Sec.
54.
Section
602.8102,
subsection
78,
Code
2011,
is
amended
to
read
as
follows:
78.
Certify
an
acknowledgment
of
a
written
instrument
relating
to
real
estate
as
provided
in
section
9E.10
9B.10
or
558.20
.
Sec.
55.
Section
622.86,
Code
2011,
is
amended
to
read
as
follows:
622.86
Foreign
affidavits.
Those
taken
out
of
the
state
before
any
judge
or
clerk
of
a
court
of
record,
or
before
a
notary
public
as
provided
in
chapter
9B
,
or
a
commissioner
appointed
by
the
governor
of
this
state
to
take
acknowledgment
of
deeds
in
the
state
where
such
affidavit
is
taken,
are
of
the
same
credibility
as
if
taken
within
the
state.
Sec.
56.
Section
624.37,
subsection
1,
Code
Supplement
2011,
is
amended
to
read
as
follows:
1.
When
the
amount
due
upon
judgment
is
paid
off,
or
satisfied
in
full,
the
party
entitled
to
the
proceeds
thereof,
or
those
acting
for
that
party,
must
acknowledge
satisfaction
of
the
judgment
by
the
execution
of
an
instrument
referring
to
it,
duly
acknowledged
or
notarized
in
the
manner
prescribed
in
chapter
9E
9B
,
and
filed
in
the
office
of
the
clerk
in
every
county
wherein
the
judgment
is
a
lien.
A
failure
to
acknowledge
satisfaction
of
the
judgment
in
such
manner
within
thirty
days
after
having
been
requested
to
do
so
in
a
writing
containing
a
draft
release
of
the
judgment
shall
subject
the
delinquent
party
to
a
penalty
of
four
hundred
dollars
to
be
recovered
by
a
motion
filed
in
the
court
that
rendered
the
original
judgment
requesting
that
the
payor
of
the
judgment,
if
different
from
the
judgment
debtor,
be
subrogated
to
the
rights
of
the
judgment
creditor,
that
the
court
determine
the
amount
currently
owed
on
the
judgment,
or
any
other
relief
as
may
be
necessary
to
accomplish
payment
and
satisfaction
of
the
judgment.
If
the
motion
relates
to
a
lien
of
judgment
as
to
Senate
File
2265,
p.
23
specific
property,
the
motion
may
be
filed
by
a
person
with
an
interest
in
the
property.
Sec.
57.
Section
633.279,
subsection
2,
paragraph
a,
Code
Supplement
2011,
is
amended
to
read
as
follows:
a.
An
attested
will
may
be
made
self-proved
at
the
time
of
its
execution,
or
at
any
subsequent
date,
by
the
acknowledgment
thereof
by
the
testator
and
the
affidavits
of
the
witnesses,
each
made
before
a
person
authorized
to
administer
oaths
and
take
acknowledgments
under
the
laws
of
this
state,
and
evidenced
by
such
person’s
certificate,
under
seal,
attached
or
annexed
to
the
will,
in
form
and
content
substantially
as
follows:
Affidavit
State
of
......
)
County
of
......
)
ss
We,
the
undersigned,
.......
,
.......
and
.........
,
the
testator
and
the
witnesses,
respectively,
whose
names
are
signed
to
the
attached
or
foregoing
instrument,
being
first
duly
sworn,
declare
to
the
undersigned
authority
that
said
instrument
is
the
testator’s
will
and
that
the
testator
willingly
signed
and
executed
such
instrument,
or
expressly
directed
another
to
sign
the
same
in
the
presence
of
the
witnesses,
as
a
free
and
voluntary
act
for
the
purposes
therein
expressed;
that
said
witnesses,
and
each
of
them,
declare
to
the
undersigned
authority
that
such
will
was
executed
and
acknowledged
by
the
testator
as
the
testator’s
will
in
their
presence
and
that
they,
in
the
testator’s
presence,
at
the
testator’s
request,
and
in
the
presence
of
each
other,
did
subscribe
their
names
thereto
as
attesting
witnesses
on
the
date
of
the
date
of
such
will;
and
that
the
testator,
at
the
time
of
the
execution
of
such
instrument,
was
of
full
age
and
of
sound
mind
and
that
the
witnesses
were
sixteen
years
of
age
or
older
and
otherwise
competent
to
be
witnesses.
...........................
Testator
...........................
Witness
...........................
Witness
Subscribed,
sworn
and
acknowledged
before
me
by
........
,
the
testator;
and
subscribed
and
sworn
before
me
by
........
and
.......
,
witnesses,
this
...
day
of
......
(month),
...
(year)
............
Senate
File
2265,
p.
24
Notary
Public,
or
other
notarial
officer
authorized
to
take
(Seal)
(Stamp)
and
certify
acknowledgments
and
administer
oaths
Sec.
58.
Section
633.295,
Code
2011,
is
amended
to
read
as
follows:
633.295
Testimony
of
witnesses.
The
proof
may
be
made
by
the
oral
or
written
testimony
of
one
or
more
of
the
subscribing
witnesses
to
the
will.
If
such
testimony
is
in
writing,
it
shall
be
substantially
in
the
following
form
executed
and
sworn
to
after
the
death
of
the
decedent:
In
the
District
Court
of
Iowa
In
and
for
......
County
In
the
Matter
of
the
Estate
of
......
......
,
Deceased
Probate
No.
....
Testimony
of
Subscribing
Witness
on
Probate
of
Will.
State
of
......
)
......
County
)
ss
I,
......
,
being
first
duly
sworn,
state:
I
reside
in
the
County
of
......
,
State
of
........
;
I
knew
the
testator
on
the
....
day
of
......
(month),
...
(year),
the
date
of
the
instrument,
the
original
or
exact
reproduction
of
which
is
attached
hereto,
now
shown
to
me,
and
purporting
to
be
the
last
will
and
testament
of
the
said
........
,
deceased;
I
am
one
of
the
subscribing
witnesses
to
said
instrument;
at
the
said
date
of
said
instrument,
I
knew
......
,
the
other
subscribing
witness;
that
said
instrument
was
exhibited
to
me
and
to
the
other
subscribing
witness
by
the
testator,
who
declared
the
same
to
be
the
testator’s
last
will
and
testament,
and
was
signed
by
the
testator
at
..........
,
in
the
County
of
......
,
State
of
........
,
on
the
date
shown
in
said
instrument,
in
the
presence
of
myself
and
the
other
subscribing
witness;
and
the
other
subscribing
witness
and
I
then
and
there,
at
the
request
of
the
testator,
in
the
presence
of
said
testator
and
in
the
presence
of
each
other,
subscribed
our
names
thereto
as
witnesses.
...........
Name
of
witness
Senate
File
2265,
p.
25
...........
Address
Subscribed
and
sworn
to
before
me
this
...
day
of
......
(month),
...
(year)
...........
Notary
Public
in
and
for
(Seal)
(Stamp)
the
State
of
......
Sec.
59.
Section
633A.4604,
subsection
2,
Code
2011,
is
amended
to
read
as
follows:
2.
The
certification
must
contain
a
statement
that
the
trust
has
not
been
revoked,
modified,
or
amended
in
any
manner
which
would
cause
the
representations
contained
in
the
certification
of
trust
to
be
incorrect
and
must
contain
a
statement
that
it
is
being
signed
by
all
of
the
currently
acting
trustees
of
the
trust
and
is
sworn
and
subscribed
to
under
penalty
of
perjury
before
a
notary
public
as
provided
in
chapter
9B
.
DIVISION
III
EFFECTIVE
DATE
Sec.
60.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
2013.
______________________________
JOHN
P.
KIBBIE
President
of
the
Senate
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2265,
Eighty-fourth
General
Assembly.
______________________________
MICHAEL
E.
MARSHALL
Secretary
of
the
Senate
Approved
_______________,
2012
______________________________
TERRY
E.
BRANSTAD
Governor