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New Colorado Law Bolsters Record Keeping, Education


COLORADO, May 18, 2009 — The Centennial State has long required records to be kept for some notarial acts, but a new state law expands that mandate to include all notarizations, joining a growing national trend toward stronger recordkeeping and accountability.


Senate Bill 111, which goes into effect on July 1, is the third piece of legislation enacted this year that creates or expands Notary recordkeeping requirements in part to combat the epidemic of mortgage fraud, a scourge that has hit Colorado hard. Colorado currently has the 10th highest incidence of mortgage fraud in the country, according to the latest report from the Mortgage Asset Research Institute, and the state has ranked in the top 10 four out of the last five years. Illinois and Montana are the other states to recently pass recordkeeping laws.


Previous Colorado law required Notaries to keep a record only for acknowledgments related to real estate titles. Now, all notarial acts — including jurats and copy certifications — require some kind of record. For self-employed Notaries, such as Signing Agents, that means maintaining a journal. For Notaries who work for businesses, the employer may keep documents or electronic records related to notarizations that contain all the information that would be included in a journal entry. However, there is nothing in the law that prohibits Notary-employees from maintaining a journal that reflects their work-related notarizations, and it is always considered a best practice to keep a record of all notarizations.


In addition, SB 111 expressly prohibits an employer from preventing a Notary-employee from maintaining a journal in the regular course of employment. This requirement was one of the elements retained from the old Notary law. A journal entry protects the public and the Notary in the event that a document is lost, falsified or contested. It further deters fraud by discouraging individuals who will not want to sign a journal or leave other potentially incriminating information in it.


The law also lays the groundwork for mandatory Notary education by authorizing the Secretary of State to create a training program. Observers expect a mandatory education rule ultimately will be issued.

 

New Colorado Law Allows Notarized Wills

Colorado Gov. Bill Ritter signed a bill into law May 21,2009 that allows the use of notarized wills as an alternative to wills that are attested by two witnesses.

House Bill 1287 amends the Colorado Revised Statutes Section 15-11-502 to state that a will shall be in writing; signed by the testator or in the testator’s name by someone in the testator’s conscious presence and by the testator’s direction; and either signed by at least two witnesses or acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments.

The bill states that testimony is not needed to prove that a will is self-proved, unless there is evidence of fraud or forgery affecting the acknowledgment or affidavit of the will. The bill also creates a rebuttable presumption that a notarized will meets the requirements for execution of a will and allows the attestation or testimony of an attesting witness to establish proper execution of a witnessed will.

The new law takes effect July 1, 2010.

 

Illinois Supreme Court Case: Vancura v. Katris, Docket #108652

Watch a 49 minute video of the oral arguments made by legal counsel before the Illinois Supreme Court on May 18, 2010 here:

http://163.191.183.117/court/SupremeCourt/Video/2010/051810_108652.wmv

The court is reviewing how much duty and liability an employer has to train and supervise a notary to protect the public from harm.  Also, what happens when an employee chooses to proceed with a voluntary undertaking that is not part of the training provided.

Webcam or Video Appearance is Not Acceptable as Physical Presence before Notary

Electronic notarizations in Colorado allow electronic documents to be signed, notarized and transmitted electronically, rather than using paper documents.  Electronic notarizations do not mean remote notarization. The Colorado SOS website states: "The signer must appear in the physical presence of the notary to affirm, swear, or acknowledge the document to be notarized.”

ABC Legal Docs Receives 2011 Best of Colorado Springs Award

NEW YORK, NY, December 16, 2010 -- ABC Legal Docs has been selected for the 2011 Best of Colorado Springs Award in the Notary Public Services category by the U.S. Commerce Association (USCA).

The USCA "Best of Local Business" Award Program recognizes outstanding local businesses throughout the country. Each year, the USCA identifies companies that they believe have achieved exceptional marketing success in their local community and business category. These are local companies that enhance the positive image of small business through service to their customers and community.

Various sources of information were gathered and analyzed to choose the winners in each category. The 2011 USCA Award Program focuses on quality, not quantity. Winners are determined based on the information gathered both internally by the USCA and data provided by third parties.

About U.S. Commerce Association (USCA)

U.S. Commerce Association (USCA) is a New York City based organization funded by local businesses operating in towns, large and small, across America. The purpose of USCA is to promote local business through public relations, marketing and advertising.

The USCA was established to recognize the best of local businesses in their community. Our organization works exclusively with local business owners, trade groups, professional associations, chambers of commerce and other business advertising and marketing groups. Our mission is to be an advocate for small and medium size businesses and business entrepreneurs across America.

SOURCE: U.S. Commerce Association

CONTACT:
U.S. Commerce Association
Email: PublicRelations@uscaaward.com
URL: http://www.uscaaward.com

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