Notice
of Adoption
Pursuant to C.R.S. 12-55-106.5 and the rulemaking provisions
of the State Administrative Procedures Act, C.R.S. 24-4-103,
I, Donetta Davidson, Colorado Secretary of State, do hereby
adopt and give NOTICE of permanent adoption this twenty
ninth day of July 2004 of the “Rules Concerning the
Electronic Notarizations”, which are attached hereto.
These rules shall take effect November 30, 2004.
______________________________
Donetta Davidson
Colorado Secretary of State
By ___________________________
Willaim A. Hobbs
Deputy Secretary of State
Office of the Secretary
of State
Rules Concerning Electronic Notarization
Statement of Basis, Purpose, and Statutory Authority Pursuant
to C.R.S. 24-4-103
Basis and Purpose
These rules are based on the Colorado Notary Law, article
55 of title 12, Colorado Revised Statutes specifically defining
the process how electronic notaries will perform notarial
acts using electronic signatures. The purpose of these rules
shall define procedures and practices as described in section
12-55-106.5, CRS, as appropriate to implement the provisions
of House Bill 04-1300.
It is the purpose of these rules to describe how electronic
notaries shall register their electronic signatures with
the Secretary of State and explain specific procedures electronic
notaries must comply with in order to electronically execute
notarial acts and maintain registration with the Secretary
of State.
Specific Statutory Authority
These rules are promulgated in accordance with the Colorado
Administrative Procedures Act, C.R.S. 24-4-103, "Rule-making
procedure," and pursuant to the specific rule-making
authority granted to the Secretary of State by the Notary
Public Law at C.R.S. 12-55-106.5.
DEPARTMENT OF STATE
Licensing Division
8 CCR 1505-11
RULES CONCERNING ELECTRONIC NOTARIZATION
Rule 1 Definitions
1. “Document authentication number” means a number issued
by the Secretary of State that includes the Secretary of
State’s accounting system validation number issued to each
notary upon commissioning and a randomly generated number
that when used together may constitute the notary’s electronic
signature and identify both the individual notary and the
document to which the document authentication number has
been affixed.
2. “Electronic notarization” means the performance of a
notarial act that involves electronic records and includes
the notary’s electronic signature.
3. “Electronic notarization software” means any software,
coding, disk, card, certificate, or program that may be
employed to create and affix the notary’s electronic signature.
4. “Notary’s electronic signature” means the document authentication
number(s) issued by the Secretary of State when accompanied
by the information required in 12-55-106.5(1) or an electronic
signature approved pursuant to Rule 2.
Rule 2 Electronic Signature Registration
1. Before performing any electronic notarization, an applicant
or a notary shall file with the Secretary of State a notification
of intent to notarize documents electronically. This notification
may be submitted at the time of application for a notary
commission or at any subsequent time during the notary’s
term of commission.
2. A submitted notification shall not be deemed filed until
it has been approved and an approval certificate has been
issued by the Secretary of State. A notification submitted
at the time of application for a commission shall not be
deemed filed unless and until the application is accepted
and the notary is commissioned by the Secretary of State
and the approval certificate has been issued.
3. Notification of intent to notarize electronically shall
be on forms prescribed by the Secretary of State, and shall
include a statement whether the applicant or notary will
use only document authentication numbers as his or her electronic
signature. If the applicant or notary indicates an intention
to use a different electronic signature than document authentication
numbers, then the notification of intent shall also be accompanied
by an example of the electronic signature that will be used
by the applicant or notary, and shall include the following
information:
(a) A description of the technology that will be used
for the notary’s electronic notarizations, specifically
for the creation of the notary’s electronic signature;
(b) The name, address, telephone number, and web or e-mail
address of the supplier or vendor of such technology;
and
(c) Such other information as the Secretary of State finds
necessary to confirm that the technology complies with
the requirements of the Colorado Notaries Public Act,
article 55 of title 12 of the Colorado Revised Statutes.
4. If the notary is certified to notarize electronically:
(a) The Secretary of State will:
(1) Provide an electronic log to the notary that contains
a series of document authentication numbers. Such log
shall constitute the journal referenced in section 12-55-104(2)
CRS.
(2) Maintain a record of the series of numbers issued
at the offices of the Secretary of State.
(b) The notary may use the document authentication numbers
provided in the electronic log as the notary’s electronic
signature, provided that the notary’s name, the words
“NOTARY PUBLIC” and “STATE OF COLORADO”, and the words
“my commission expires,” followed by the expiration of
the notary’s commission, accompany each authentication
number so used. .
(c) A different document authentication number shall be
used for each electronic notarization that the notary
performs.
(d) A notary shall take reasonable measures to secure
his or her journal of authentication numbers against access
or use by other persons, and shall not, under any circumstances,
permit such access or use by another.
5. Any form of electronic signature must:
(a) Be discrete to the individual submitting the electronic
signature;
(b) Be retrievable from the electronic document in perceivable
form.
Rule 3 Expiration of Notice to
Notarize Electronically
1. The approval to electronically notarize shall expire
when:
(a) The commission for which it was filed expires;
(b) The commission for which it was filed is revoked;
(c) Thirty days have elapsed after the notary’s name changes,
unless the notary sooner submits a change of name pursuant
to section 12-55-114 CRS, including with the submission,
if the notary uses a different signature than the document
authentication numbers issued by the Secretary of State,
a description and example of the notary’s new electronic
signature, in accord with section 3 of Rule 2 of these
Rules Concerning Electronic Notarization.
(d) The notary, during his or her commission term, resigns
the commission, is convicted of a felony, ceases to reside
in Colorado, or dies;
(e) The technology described in the notification changes;
(f) The technology described in the notification expires
or is revoked, if applicable; or
(g) The supplier or vendor goes out of business or for
any other reason no longer supplies the technology described
in the notification.
2. Except as provided in section (3) of this Rule 3, when
a notary’s approval to notarize electronically expires,
the notary or the notary’s duly authorized representative
shall, within 30 days after such expiration, permanently
erase, delete, or destroy the notary’s electronic notarization
software, if applicable, and, if the notary has elected
to use document authentication numbers provided by the Secretary
of State as his or her electronic signature, any and all
unused authentication numbers.
3. If a notary’s signature notification expires solely
on account of the expiration of the notary’s commission,
the notary need not permanently erase, delete, or destroy
the electronic notarization software if the notary is recommissioned
and reregisters his or her electronic signature within 30
days after the commission expiration.
Rule 4 Electronic Notarization of Signature
A notary shall electronically notarize a document only
if the notary can verify that the document signer is issuing
a signature that the signer has adopted to function as his
or her signature.
Rule 5 Lost or Compromised Document Authentication Numbers
If a notary loses his or her document authentication numbers,
or becomes aware that any person other than the Secretary
of State has access to, or control of, such authentication
numbers, s/he shall notify the Secretary of State in the
same manner as for a lost journal or seal pursuant to section
12-55-113 CRS. The Secretary of State shall, upon request
of the notary, issue a new electronic journal of electronic
signatures to the notary.
Rule 6 Effective Date
These Rules Concerning Electronic Notarizations shall take
effect November 30, 2004.