1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 556 By: Newhouse
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6 AS INTRODUCED
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7 An Act relating to notaries public; amending 49 O.S.
7 2021, Sections 12 and 113, which relate to grounds to
8 deny, refuse to renew, or revoke a commission and
8 notarial acts; adding grounds for denial or
9 revocation of a commission; requiring maintenance of
9 record of certain notarial acts; specifying
10 information to be included in certain record;
10 creating misdemeanor offense; establishing
11 punishment; updating statutory references; and
11 providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 49 O.S. 2021, Section 12, is
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16 amended to read as follows:
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17 Section 12. A. The Secretary of State may deny, refuse to
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18 renew, or revoke a commission as a notary public for a:
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19 1. Conviction of any felony;
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20 2. Failure to meet the qualifications and application
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21 requirements set forth in Sections 1 and 1.1 of Title 49 of the
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22 Oklahoma Statutes this title; or
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23 3. Failure to comply with the requirements set forth in Section
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24 2 of Title 49 of the Oklahoma Statutes this title; or
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 1 4. Failure to comply in good faith with the requirements set
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2 forth in Section 113 of this title.
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3 B. Upon receipt of a final judgment from a district court in
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4 this state or its equivalent in a foreign jurisdiction against a
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5 notary public in this state for performing a false or fraudulent
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6 notarial act, the Secretary of State shall revoke the appointment of
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7 the notary public.
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8 SECTION 2. AMENDATORY 49 O.S. 2021, Section 113, is
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9 amended to read as follows:
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10 Section 113. A. In taking an acknowledgment, the notarial
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11 officer must determine, either from personal knowledge or from
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12 satisfactory evidence, that the person appearing before the officer
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13 and making the acknowledgment is the person whose true signature is
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14 on the instrument.
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15 B. In taking a verification upon oath or affirmation, the
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16 notarial officer must determine, either from personal knowledge or
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17 from satisfactory evidence, that the person appearing before the
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18 officer and making the verification is the person whose true
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19 signature is on the statement verified.
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20 C. In witnessing or attesting a signature the notarial officer
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21 must determine, either from personal knowledge or from satisfactory
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22 evidence, that the signature is that of the person appearing before
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23 the officer and named therein.
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 1 D. In certifying or attesting a copy of a document or other
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2 item, the notarial officer must determine that the proffered copy is
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3 a full, true, and accurate transcription or reproduction of that
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4 which was copied. In the case of official records, only the
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5 custodian of the official records may issue an official certified
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6 copy.
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7 E. In making or noting a protest of a negotiable instrument the
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8 notarial officer must determine the matters set forth in Section 3-
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9 509 of the Uniform Commercial Code.
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10 F. A notarial officer has satisfactory evidence that a person
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11 is the person whose true signature is on a document if that person
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12 is personally known to the notarial officer, is identified upon the
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13 oath or affirmation of a credible witness personally known to the
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14 notarial officer or is identified on the basis of identification
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15 documents.
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16 G. A notarial officer shall maintain a written or electronic
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17 record of each notarial act performed under the provisions of
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18 subsections A, B, or C of this section. Each record shall include a
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19 statement of the notarial act performed, the date on which it
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20 occurred, the name of the person appearing before the notarial
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21 officer, and a statement of the means by which the notary made the
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22 required determination of the identity of the person.
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23 H. A notarial officer who performs a notarial act pursuant to
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24 this section without first making in good faith the required
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 1 determination of the identity of the person appearing before the
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2 notary shall be guilty of a misdemeanor and upon conviction be
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3 subject to a fine not to exceed One Thousand Dollars ($1,000.00), to
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4 imprisonment in the county jail not to exceed ten (10) days, or both
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5 such fine and imprisonment.
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6 SECTION 3. This act shall become effective November 1, 2023.
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8 59-1-694 TEK 1/17/2023 5:36:22 PM
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