What are a Notary’s Powers?

What are a Notary’s Powers?
For notaries, powers = duties; they are two sides of the same coin. Colorado notaries have three powers or duties that every notary should know and be able to perform.

The Act [12-55-110 (1) C.R.S.] lists the notary powers/duties and divides them somewhat repetitively and apparently randomly under seven subsections [(a)-(f), including (d.5)].

The three main powers that the notary will be exercising are the administration of oaths and affirmations, acknowledgments, and copy certifications. It is important to note that notary laws vary from state to state, sometimes widely. Some states’ notaries have only two powers, and some have four or five.

Colorado notaries do have a fourth power, but it is very rarely—and then usually
improperly and erroneously—exercised. Most notaries have never heard of it, and will
never be asked to do it; nevertheless, a discussion of notices of dishonor has been
included here.

IV. Definitions

Note: Also see the Notaries Public Act, section 12-55-102. Definitions. Acknowledgement: An acknowledgment is a signed statement by the notary that the
signer(1)personally appeared before the notary,(2)was positively identified by the notary, and(3)acknowledged having signed the document. Acknowledgments are executed on deeds, documents affecting property,and the like.The notary does not have to actually see the person sign the document.Nonetheless,the document must be notarized while in the physical presence of the signer.)

Affiant: The person who subscribes his signature to an affidavit. The person to whom an oath or affirmation is administered.

Affidavit: A written declaration made under oath or affirmation before a notary public or other authorized officer, in which the signer swears or affirms that the statements or declarations in the document are true.

Affirmation: A solemn declaration that the information contained in the document is
true and accurate, made by persons who decline taking an oath for religious or
conscientious reasons. An affirmation is equivalent to an oath and is just as binding.

Apostille: Apostille (pronounced a-po-stee) is a French word which means a
certification. In notarial usage, it refers to a certificate used to authenticate the signature of a notary public and other public officers, placed on documents that are to be sent overseas. The Apostille certifies that the notary’s commission is current and the notary is in good standing, and it is signed by the Secretary of State. This type of authentication is accepted for legal use in all the nations that are members of the Hague Convention of October 5, 1961.

Authentication: This term refers to either an Apostille or a Certificate of Magistracy.

Certificate of Magistracy: A certificate used to authenticate the signature of a notary public, placed on documents that are to be sent overseas to countries that are not members of the Hague Convention of October 5, 1961.

Certified Copy: A document that is signed by a public official as a true copy of the
original document that is held in the office of the public official, or a copy of the original which is certified to be a true copy by a notary public. Certified copies of some documents can only be obtained from the office of the public official in which the original is held. Examples include birth certificates, death certificates, and marriage certificates. Colorado notaries cannot certify copies of these documents.

Credible Witness: A person who is personally known to the notary and who swears or
affirms to the identity of another person, unknown to the notary, who is signing and
attesting to a document.

Competence: The mental ability to distinguish right from wrong and to manage one's
own affairs. A notary should be certain that all parties understand what they are signing and swearing or affirming to.

Execute: To make a document valid by signing one’s name to it.

Instrument: A legal document, such as a contract, deed, will, or mortgage, which is to be signed.

Journal: A notarial journal is an official record of notarial acts performed by the notary public. A notarial journal is required for all notarial acts.

Jurat: A jurat is a signed statement by the notary stating that the signer (1) personally appeared before the notary, (2) signed the document in the presence of the notary, and (3) took an oath or affirmation administered by the notary, e.g. "Do you swear that the statements in this document are true, so help you God?" or "Do you affirm that the statements in this document are true?". This act must be stated clearly on every notarial certificate (notarization).


Oath: A solemn, formal declaration or promise to tell the truth, made before a notary public, under penalty of perjury. Traditionally, the oath invokes reference to a deity (“under God”) as witness.

Notarial Certificate: The required statement that appears at the end of a document that is completed and signed by the notary public. This statement includes the jurat, the venue or location where the notarization occurred, the date of the notarization, and the notary public’s signature, seal, and commission expiration date. This is sometimes also called simply the “notarization”.

Notarial Seal: Official seal of a notary public. The Colorado Notaries Public Act,
section 12-55-112, describes the mandatory requirements for the Colorado notarial seal.

Perjury: A false statement made under oath. Perjury is subject to punishment by fine
and/or imprisonment.

SS.: An abbreviation of the Latin word silicet, (to wit) meaning “in particular” or
“namely”. Commonly referred to as “jurisdiction”. Traditionally included to the right of the venue in a notarial certificate.

Subscribe: To sign.

Venue: The location in which the notarization was performed. This must include the
state and county. Examples are: “State of Colorado, County of Adams” or “State of
Colorado, City and County of Denver”.

I’d like to give you three days in which to disprove the assumption.

Sir, I’d like to give you three days in which to disprove the assumption that this party or that you have participated in the theft of funds from the admiralty. Here is an affidavit of negative averment to allow you the opportunity to disprove that presumption and by the way, here is a proposed draft, unsigned copy of a summons to be issued by notary public Andre Coleman-El for your appearance under penalty of perjury to identify the location of the funds and disprove the assumption that you have participated in the theft of funds left in your possession from the admiralty for personal profit and gain. Please advise me within seventy-two hours whether or not you would like the notary to issue the subpoena or please provide a settlement statement indicating that the payment has been duly posted to the account. In other words, what would you like me to file; would you like me to file the criminal complaint or would you like me to file the letter with the notary requesting that he issue summons against you to come into this case or would you simply like to send me some kind of a certified accounting of the entire case? You’re choice, ma’am—you decide.’

Notary Presentment Services.

The Colorado code [12-55-120 C.R.S.] allows Notary's to present and give notices of dishonor and protest notes and other negotiable instruments, but only in accord with specific UCC provisions. Title [12-55-110(1) (f); also, parts 1 (Negotiable Instruments) and 5 (Dishonor) of article 3 of title 4,C.R.S.] are Colorado Notary’s Powers, these laws are that which apply to notaries, powers of subpoena in Colorado, powers of summons, power to call depositions and issue protests and especially [12-55-110(1) (f); also, parts 1 (Negotiable Instruments) and 5 (Dishonor) of article 3 of title 4,C.R.S.] if presumed, I am forced, to conclude that any message to the public official, comprises ones confession of their intention to violate 18 USC 873 and 1503, 1510, 1519, 1509 and 1623, and to tamper with a witness pursuant to Section 1512.

If you are in need of a great Notary that can perform negotiable presentments under Uniform Commercial Code please allow A. Coleman-El Notary Presentment Services ease the burden.