A notary public in Colorado operates under specific rules that govern how they may perform notarial acts. A common question is whether a written request is required before a notary can proceed. This article explains when a written request is necessary, what it should contain, who may issue it, and how Colorado’s laws and modern practice address notarial services, including remote and electronic options.
What Counts As A Written Request In Colorado
In Colorado, a notarial act typically requires the signer to appear before the notary and either affirm a jurat or acknowledge a document. A written request may be part of the document itself or a separate instruction from the requester directing the notary to perform a specific act. A valid written request generally includes the exact notarial act sought (acknowledgment, jurat, or other act), the name of the signer, and, when applicable, the document title. It should also specify the location where the act will occur and be dated to indicate timing. While not always legally mandated as a standalone form, a clear written request helps ensure the notary understands the scope and purpose of the act.
Who Can Request A Notarial Act
A notary cannot perform a notarial act at their own discretion; there must be consent and instruction from an authorized party. In practice, the request often comes from the document signer, the signer’s representative, or an organization acting on behalf of the signer. In Colorado, the signer must personally appear before the notary for most acts, with certain exceptions for remote online notarization. A written request from an authorized party may accompany the signer’s appearance, but the critical element remains the signer’s presence and proper identification.
Essential Elements Of A Valid Written Request
When a written request is used, it should include several core elements to avoid disputes or delays. Key components typically include:
- The precise notarial act requested (acknowledgment, jurat, or oath).
- The name of the signer as it appears on the document and, if different, any alias used.
- The document title or a description of the document to be notarized.
- The location where the signer will sign and where the notarial act will take place.
- Any special instructions, such as the need for witnesses or the inclusion of a notarial seal.
- The date of the request and, if applicable, the deadline for completion.
Though not all situations require a separate written request, providing these details helps the notary validate the act and reduces the risk of misinterpretation or disputes later.
Notary Identification And Presence Requirements
Regardless of a written request, Colorado law requires the signer to appear before the notary and to present acceptable identification. The notary must verify identity using one or more acceptable IDs, confirm the signer’s willingness to sign, and ensure the signer understands the act being performed. In most cases, the signer must personally appear, but Colorado also allows Remote Online Notarization (RON) under specific conditions, which changes the identification and presence dynamics. In all cases, the notary must maintain a proper record of the act and, when required, a communicative and transparent engagement with the signer.
Modern Notarization Options: Remote Online Notarization and Electronic Records
Colorado permits Remote Online Notarization for certain transactions, expanding how a notary may receive instructions and perform acts. In a RON scenario, the written request may be transmitted electronically, and the signer may participate via audio-visual technology meeting regulatory standards. The notary must use approved electronic records, keep digital records, and adhere to identity proofing and credential verification requirements. For traditional notarial acts, paper documents remain common, and the notary should preserve an appropriate journal entry and a scanned or physical copy of the notarized document as required by state law.
Journal Entries And Record-Keeping
Colorado notaries are generally required to maintain a chronological journal of notarial acts. Each entry should record the manner of the act, the type of document, the date, the signer’s name, how identity was verified, and the results of the act (acknowledgment, jurat, or other). When a written request is involved, it is prudent to attach or reference the request in the journal entry to establish the scope and intent of the act. Accurate record-keeping supports the credibility of the notary’s work and protects all parties in case of future inquiries.
Common Scenarios Where A Written Request Helps
Several practical situations benefit from a clearly documented written request:
- Real estate documents where an organization provides standardized instructions for multiple signers.
- Affidavits or sworn statements where specific jurat language is required.
- Corporate or financial transactions requiring precise acknowledgment language.
- Remote notarizations where electronic instructions accompany the signer’s identity verification.
In each scenario, a written request clarifies the notary’s duties and the signer’s expectations, reducing ambiguity and ensuring compliance with applicable statutes.
Potential Pitfalls And How To Avoid Them
To ensure smooth notarial service, avoid common missteps:
- Don’t delay the notary’s performance by omitting essential details in the written request.
- Avoid requesting illegal or improper acts beyond the notary’s authority or the document’s scope.
- Never perform a notarial act without verifying the signer’s identity or without personal appearance where required.
- Ensure that electronic records and signatures comply with Colorado’s digital standards for notaries when using remote or electronic means.
Being precise and transparent in both written requests and the execution of the act helps maintain the integrity of the process.
Resources For Notaries And Signers
Colorado’s Secretary of State and legal resources provide comprehensive guidance on notarial practice, including rules for written requests, identification requirements, and remote notarization guidelines. Notaries should consult current Colorado statutes and administrative rules to stay compliant, and signers can review the same sources to understand their rights and responsibilities. Professional notary associations often publish updated best practices, sample written request forms, and checklists to assist both parties in preparing for a notarization.
Key Takeaways
Written requests can clarify the scope of a notarial act and support compliance with Colorado law, especially when used alongside signer appearance and proper identification. Colorado’s evolving framework, including Remote Online Notarization, expands how written instructions are used while maintaining strict identity verification and record-keeping standards. For both notaries and signers, preparedness—clear instructions, proper documentation, and adherence to legal requirements—ensures a smooth and legally sound notarization process.