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IN SB0539
Bill
AI Summary
SB 539 Summary
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Establishes comprehensive notary public regulations effective July 1, 2018, including appointment by governor, required education and examination, 8-year commission terms, and $25,000 surety bond requirement for applicants.
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Defines notarial acts (taking acknowledgments, administering oaths, attesting signatures, certifying copies) and authorizes various officials to perform them, with notarial acts from other states, Indian tribes, and foreign governments presumed valid under specified conditions.
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Caps notary public fees at $10 per standard notarial act and requires notaries to display official seals containing specific information including name, commission number, and expiration date.
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Prohibits notaries from providing legal advice, practicing law, representing clients in immigration matters, and requires non-attorney notaries to display disclaimer that they cannot draft legal documents or provide legal advice.
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Requires trademark applicants to file electronic applications with specimens and creates new criminal offense of "notario publico deception" (Class A misdemeanor) for unauthorized immigration consulting and false advertising.
Legislative Description
Notaries public and trademarks. Provides that a person who wishes to register a trademark must file an electronic application for the registration of the trademark. Allows the governor to appoint notaries public in certain instances. Describes permitted notarial acts. Provides that notarial acts performed in another state are presumptively valid in certain instances. Provides that notarial acts performed: (1) under the authority of; and (2) within the jurisdiction of; a federally recognized tribe are presumptively valid in certain instances. Provides that notarial acts performed by foreign governments or nations are presumptively valid in certain instances. Specifies records should be notarized.
Last Action
Public Law 128
4/21/2017