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Apostille

Notarial errors are a common cause of

authentication rejections. Be certain you are

following all notary rules and regulations

including fully and accurately completing

the notarial certicate, keeping your notary

commission valid and up to date, the expiration

date on your notary stamp is accurate, and your

name on your Notary stamp matches your

name as it appears on your Notary Commission

Certicate.

Signers often ask about apostilles, so it is helpful

to understand what they are and how they work.

An apostille is a certicate attached to document

that certies the document for international

use. Authentication is the process of verifying

the government ocial or notary public that

certied or notarized a document. International

ocials often require document authentication

to prove that the document is genuine and

acceptable in another country. Notarized

documents commonly submitted include

adoption dossiers, transcripts, business records

and powers of attorney.

Keeping Your Commission

Up-to-Date

Oce of the Secretary of State within 30 days of

the change.

Renew your commission with the Oce of the

Secretary of State and re-register with your

county every ve years.

To cancel your commission or report your notary

stamp as lost or stolen, call 651-296-2803 or

email notary[email protected].

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Electronic Notary (E) and

Remote Online Notary (RON)

Separate authorizations are required to

perform RON and E-Notarizations.

E-Notarization is the performance of a

notarial act on an electronic document using

an electronic signature and electronic seal. e

signers appear in person before the notary

public.

Remote Online Notarization (RON) is the

performance of a notarial act over the internet

using digital tools and a live audio/video call.

As a registered and active Minnesota Notary

you may request authorization(s) to perform

E and RON services. Remote Online

Notaries also need to know and follow

RON laws and rules. See Minnesota Statute,

Chapter 359.645.

E Authorization and RON Authorization

forms are available to download and print

from our website. ere is no fee due for

either type of authorization.

https://www.sos.state.mn.us/notary-apostille/

notary-forms/

is brochure is a general guide and is not

intended to provide direction for every

situation you may encounter as a notary.

Answers to frequently asked questions can

be found on the Oce of the Minnesota

Secretary of State website. https://www.sos.

state.mn.us/notary-apostille/notary-help/

If at any time you are unsure how to proceed,

it is recommended you seek legal advice. As a

notary you may be criminally and civilly liable

for any negligent or fraudulent acts.

Oce of the Secretary of State

Notary Services

http://notary.sos.state.mn.us

E-mail: notary[email protected]

Fax: 651-215-1009

Phone: 651-296-2803

Toll Free: 1-877-551-6767

Minnesota Relay Service: 711

is document is available

in alternative formats.

Notary

Commission

Guide

Oce of the Minnesota

Secretary of State

Congratulations!

As a notary public, you are an

appointed and commissioned

ocer that serves the public by

administering oaths and acting as

an ocial witness to people who

seek your assistance in certifying

or attesting to documents.

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Notary Checklist

PRIOR to performing notarial acts:

• Register your commission with your county

of residence. Non-residents register with

the county designated on your commission

certicate. e fee to register with a county is

$20. County contact information is included in

your Commission Instructions.

• Purchase a notary stamp from a stamp

manufacturer or oce supply store. Your stamp

must contain the state seal, your title “Notary

Public,” your name as it appears on your notary

certicate, and your commission expiration

date. See Minnesota Statute 359.03, subd. 3 for

additional stamp specications.

• Review Minnesota Statutes 357, 358 and

359. Minnesota Notaries are responsible for

understanding and following the rules and

regulations of notarization.

https://www.leg.mn.gov/

Optional:

• Obtain a notarial journal to keep a record

of your notarial acts. You should record the

following information:

Date; Type of notarial act; A description of the

document; e signature, printed name, and

address of each document signer; How the

signer proved their identity; County; and Fee

charged, if any.

• Ask your employer or insurance provider if

securing a bond or insurance is necessary.

• Seek additional training and education.

• Create your Online Notary Account

Your online account can be used to print your

Notary Commission Certicate, change your

contact information, and renew your notary

commission.

https://notary.sos.state.mn.us/Account/Register

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Performing Notarial Acts

You may only perform notarial acts if:

1. the document signer appears in person

before you; and

2. you are in the state of Minnesota at the

time.

You may charge up to $5 for most notarial

acts. See Minnesota Statutes, section 357.17

for a list of exceptions.

As a notary, you will likely perform the

following:

1. Witnessing signatures.

2. Attesting to copies of documents.

Notaries evaluate copied documents to

determine that they are complete and correct

reproductions of the original documents.

3. Certifying that the document signer

swears (or arms)

that the document

contents are truthful.

4. Providing Acknowledgments that

certify the signature already appearing

on the document is genuine (see example

certicate).

5. Administering written oaths.

6. Administering oral oaths. Oath-takers

must raise their hand and say the oath aloud.

No Advice: Do not provide unauthorized advice

or services; leave that to the experts in those

elds.

Privacy: Respect the privacy of each signer and

do not divulge or use personal or proprietary

information disclosed during the execution of a

notarial act for other than an ocial purpose.

Notarizing a Document

Six Steps to Notarizing

Verify the identity of each signer either by

seeing their identication, having a credible

witness swear to their identity, or personal

knowledge.

Verify a document signer’s willingness to

sign the document.

3. Perform the notarial act.

4. Complete a Certicate of Notarial Act

(short form or jurat). (See Certicate of

Notarial Act.)

5. Ax your stamp.

6. Record the notarial act in your journal

(optional).

DO NOT Notarize if:

• e document signer or oath-taker does not personally

appear before you.

• e document signer or oath-taker appears unwilling or

coerced.

• e document signer does not provide satisfactory

evidence that he or she is the person whose true signature

appears on the document.

• You have not fully completed the certicate or jurat.

• You are outside of the State of Minnesota.

• e document is an original birth, death, or marriage

certicate. (Certied copies can be obtained from the

Minnesota Department of Health or the county.)

• You believe the document or transaction is deceptive or

fraudulent.

• You are the signer of the document to be notarized.

• You will prot or gain from the transaction.

• You do not have adequate time to carry out the notarial

act properly.

• You believe doing so will violate the law governing

notarial acts.

• ere is a potential for a conict of interest (i.e.,

notarizing for a family member).

Certicate of Notarial Act

A notarial act must be evidenced by a certicate.

Certicates of Notarial Act include Acknowledgment,

Verication upon Oath or Armation, Witnessing or

Attesting a signature, and Attestation of a Copy of a

Document.

e certicate may be pre-printed on the document

with spaces to ll in or a separate form to be attached

to the document by the notary after performing the

notarial act.

Complete the certicate fully and accurately. Be sure

to use your customary signature when signing. If your

name is typed or printed as part of the certicate, it

must be in the same form as it appears on your stamp

and your notary commission.

Acknowledgement Certicate Example:

State of Minnesota

County Of [county where notarial act is performed]

is instrument was acknowledged before me

on [date] by [name(s) of document signer(s)].

[Signature of notarial ocer]

[stamp]

Title / Rank

My Commission Expires: [date]

A. the State (Minnesota) and the County in which

you are administering the notarial act

B. the date of notarization

C. the names of the document signers

D. your signature

E. your title

F. the date that your commission expires

G. your Stamp

Certicate examples for other notarial acts can

be found in Minnesota Statute 358.66 and on our

website: https://www.sos.state.mn.us/media/2001/

notarial-acts-short-form.pdf

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