Definitions

Definition: Alaska Resident

[div]

Sec. 01.10.055. Residency.

(a) A person establishes residency in the state by being physically present in the state with the intent to remain in the state indefinitely and to make a home in the state.

(b) A person demonstrates the intent required under (a) of this section

(1) by maintaining a principal place of abode in the state for at least 30 days or for a longer period if a longer period is required by law or regulation; and

(2) by providing other proof of intent as may be required by law or regulation, which may include proof that the person is not claiming residency outside the state or obtaining benefits under a claim of residency outside the state.

(c) A person who establishes residency in the state remains a resident during an absence from the state unless during the absence the person establishes or claims residency in another state, territory, or country, or performs other acts or is absent under circumstances that are inconsistent with the intent required under (a) of this section to remain a resident of this state.

[end-div]

Statutes

Chapter 44.50 NOTARIES PUBLIC

[div]

Sec. 44.50.010. Notary public commission; term. (a) The lieutenant governor may commission for the state
(1) notaries public without limitation, who are authorized to use the notary seal for all legal purposes; and
(2) limited governmental notaries public, who are state, municipal, or federal employees authorized to use the notary seal only for official government business.
(b) The term of a notary public commission is four years, except that the term of a limited governmental notary public commission coincides with the term of government employment.
(c) A person who is a state, municipal, or federal employee commissioned as a limited governmental notary public may also be commissioned as a notary public without limitation

Sec. 44.50.020. Qualifications. To be commissioned as a notary public, a person
(1) shall submit an application under AS 44.50.032;
(2) shall be at least 18 years of age;
(3) shall have established residency in this state under AS 01.10.055;
(4) shall reside legally in the United States;
(5) may not, within 10 years before the commission takes effect, have been convicted of a felony or incarcerated in a correctional facility for a felony conviction;
(6) may not, within 10 years before the commission takes effect,
(A) have had the person’s notary public commission revoked under AS 44.50.068(a)(2) or (4) or under the notary public laws of another jurisdiction for a substantially similar reason;
(B) have had the person’s notary public commission revoked under AS 44.50.068(a)(3), unless the person has reestablished residency in this state under AS 01.10.055 before the person submits the application;
(C) have been disciplined under AS 44.50.068 if, at the time the person applies for a notary public commission under this chapter, the disciplinary action prohibits the person from holding a notary public commission; or
(D) have been disciplined under the notary public laws of another jurisdiction if, at the time the person applies for a notary public commission under this chapter, the disciplinary action prohibits the person from holding a notary public commission; and
(7) shall meet the other requirements in this chapter to be commissioned as a notary public.

Sec. 44.50.030. Term of office. [Repealed, Sec. 14 ch 60 SLA 2005]. Repealed or Renumbered

Sec. 44.50.032. Application. (a) A person applying for a commission as a notary public shall submit a completed application as required by this section, using the forms or format required by the lieutenant governor.
(b) A completed application for a commission under AS 44.50.010(a)(1) must include
(1) an affirmation that the applicant meets the qualifications set out in AS 44.50.020(2) – (6);
(2) the applicant’s mailing and physical addresses; the applicant’s telephone number, if any; the applicant’s employer or business; the physical address and telephone number of the applicant’s employer or business at the location where the applicant works; and an electronic mailing address, if any, where the applicant can be contacted;
(3) information concerning any denial, suspension, revocation, or restriction of the applicant’s commission as a notary public in this state or another jurisdiction; that information must include
(A) identification of the jurisdiction;
(B) the date the jurisdiction issued the denial, suspension, revocation, or restriction;
(C) the reasons for the denial, suspension, revocation, or restriction; and
(D) information concerning final resolution of the matter;
(4) the applicant’s notarized signature on the portion of the application that contains the oath or affirmation required by AS 44.50.035;
(5) the fee required by AS 44.50.033; and
(6) the bond required by AS 44.50.034.
(c) A completed application for a commission under AS 44.50.010(a)(2) must include
(1) a signed statement by the applicant’s government employer that the commission is needed for the purpose of conducting official government business;
(2) the applicant’s mailing and physical addresses; the applicant’s telephone number, if any; the applicant’s employer; the name, address, and telephone number for the employer where the applicant works; and an electronic mailing address, if any, where the applicant can be contacted;
(3) the affirmation, information, and signature required by (b)(1), (3), and (4) of this section; and
(4) the fee required by AS 44.50.033.

ec. 44.50.033. Application fee. person applying for a commission as a notary public shall pay a nonrefundable application fee of $40. However, an applicant for a limited governmental notary public commission under AS 44.50.010(a)(2) who is employed by the state may not be required to pay an application fee.

Sec. 44.50.034. Bond. (a) A person applying for a commission as a notary public without limitation under AS 44.50.010(a)(1) shall execute an official bond of $1,000 and submit the bond with the application under AS 44.50.032. The bond must be for a term of four years from the date of commission.
(b) The lieutenant governor shall keep a bond submitted under this section for two years after the end of the term of the commission for which the bond was issued. Disposition of the bond after the end of the commission does not affect the time for commencing an action on the bond.

Sec. 44.50.035. Oath. The application required by the lieutenant governor under AS 44.50.032 must contain an oath or affirmation, in the form set out in AS 39.05.045, to be signed by the applicant. A signed oath or affirmation submitted in an application under AS 44.50.032 takes effect on the date of the applicant’s commission as a notary public under this chapter.

Sec. 44.50.036. Denial of applications. The lieutenant governor shall deny an application for a notary public commission if the
(1) applicant does not meet the requirements of this chapter;
(2) application is not complete or contains a material misstatement or omission of fact relating to the requirements for a commission under this chapter;
(3) applicant has, within 10 years before the commission is to take effect, been convicted of a felony or incarcerated in a correctional facility for a felony conviction; or
(4) applicant’s commission as a notary public has been revoked, within 10 years before the commission is to take effect, in
(A) this state for a reason stated in
(i) AS 44.50.068(a)(2) or (4);
(ii) AS 44.50.068(a)(3), unless the person has reestablished residency in this state under AS 01.10.055 before the person submits the application; or
(B) another jurisdiction for a reason substantially similar to AS 44.50.068(a)(2) or (4).

Sec. 44.50.037. Certificate of commission. Upon commission of a notary public under this chapter, the lieutenant governor shall provide to the notary public a certificate of commission indicating the commission and the dates of the term of the commission.

Sec. 44.50.038. Subsequent commissions. A notary public whose term of commission is ending may apply for a new notary public commission by submitting a new application under AS 44.50.032 and complying with the requirements of this chapter. The lieutenant governor’s approval of a new application for a commission for a notary public without limitation under AS 44.50.010(a)(1) terminates an applicant’s existing commission under that paragraph.

Sec. 44.50.039. Limited governmental notaries public. A state, municipal, or federal employee commissioned as a notary public under AS 44.50.010(a)(2)
(1) is designated a limited governmental notary public;
(2) may perform notarial acts only in the conduct of official government business; and
(3) may not charge or receive a fee or other consideration for notarial services provided under this chapter.

Sec. 44.50.040. Fees. [Repealed, Sec. 14 ch 60 SLA 2005]. Repealed or Renumbered

Sec. 44.50.050. [Renumbered as AS 44.50.180(d)]. Repealed or Renumbered

Sec. 44.50.060. Duties. A notary public may
(1) administer oaths and affirmations;
(2) take the acknowledgment of or proof of execution of instruments in writing, and give a notarial certificate of the proof or acknowledgment, included in or attached to the instrument; the notarial certificate shall be signed by the notary public in the notary public’s own handwriting or by electronic means as authorized by regulations adopted by the lieutenant governor.

Sec. 44.50.061. Unauthorized practice. (a) A notary public who is not an attorney may complete but may not select notarial certificates, and may not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act.
(b) This section does not prohibit a notary public who is qualified in and, if required, licensed to practice, a particular profession from giving advice relating to matters in that professional field.
(c) A notary public may not make representations to have powers, qualifications, rights, or privileges that the office of notary public does not have.

Sec. 44.50.062. Prohibited acts. A notary public may not
(1) violate state or federal law in the performance of acts authorized by this chapter;
(2) influence a person to enter into or avoid a transaction involving a notarial act by the notary public;
(3) affix the notary public’s signature or seal on a notarial certificate that is incomplete;
(4) charge a fee for a notarial act unless a fee schedule has been provided to the signer before the performance of the notarial act;
(5) affix the notary public’s official seal to a document unless the person who is to sign the document
(A) appears and signs the document before the notary public or, for an acknowledgment, appears and indicates to the notary public that the person voluntarily affixed the person’s signature on the document for the purposes stated within the document;
(B) gives an oath or affirmation if required under law or if the notarial certificate states that the document was signed under oath or affirmation; and
(C) is personally known to the notary public, produces government-issued identification containing the photograph and signature of the person signing, or produces
(i) government-issued identification containing the signature of the person signing, but without a photograph; and
(ii) another valid identification containing the photograph and signature of the person signing;
(6) perform a notarial act if the notary public
(A) is a signer of or named in the document that is to be notarized; or
(B) will receive directly from a transaction connected with the notarial act a commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the normal fee charged by the notary for the notarial act.

Sec. 44.50.063. Official signature. (a) When performing a notarization, a notary public shall
(1) sign in the notary public’s own handwriting, on the notarial certificate, exactly and only the name indicated on the notary public’s commission certificate, or sign an electronic document by electronic means as authorized by regulations adopted by the lieutenant governor; and
(2) affix the official signature only at the time the notarial act is performed.
(b) A notary public shall comply in a timely manner with a request by the lieutenant governor to supply a current sample of the notary public’s official handwritten signature and information regarding the notary public’s electronic signature.
(c) Within 10 days after the security of a notary public’s electronic signature has been compromised, the notary public shall provide the lieutenant governor with written notification that the signature has been compromised. After the notary public has provided the lieutenant governor with the notification, the notary public shall provide the lieutenant governor with any additional information that the lieutenant governor requests about the compromise of the signature.

Sec. 44.50.064. Official seal. (a) A notary public shall keep an official seal, which is the exclusive property of the notary public, and shall ensure that another person does not possess or use the official seal.
(b) A notary public’s official seal
(1) must contain
(A) the notary public’s name exactly as indicated on the notary public’s commission certificate;
(B) the words “Notary Public” and “State of Alaska”; and
(2) may be a circular form not over two inches in diameter, may be a rectangular form not more than one inch in width by two and one-half inches in length, or may be an electronic form as authorized by regulations adopted by the lieutenant governor.
(c) When not in use, a notary public’s official seal shall be kept secure and under the exclusive control of the notary public.
(d) Within 10 days after a notary public’s official seal is stolen or lost, or the security of the notary public’s official electronic seal is compromised, the notary public shall provide the lieutenant governor with written notification of the theft, loss, or compromised security. After the notary public has provided the lieutenant governor with the notification, the notary public shall provide the lieutenant governor with any additional information that the lieutenant governor requests about the compromise of the seal.
(e) In order to avoid misuse, a notary public’s official seal shall be destroyed or defaced
(1) upon the notary public’s resignation or death;
(2) upon the revocation or termination by the lieutenant governor of the notary public’s commission; or
(3) when the notary public’s term of commission ends if the notary public has not received a new commission under this chapter.

Sec. 44.50.065. Seal impression or depiction. (a) With regard to each paper document being notarized, a sharp, legible, photographically reproducible impression or depiction of a notary public’s official seal shall be affixed
(1) on the notarial certificate near the notary public’s official signature; and
(2) only at the time the notarial act is performed.
(b) For a notarized paper document, illegible information within a seal impression or depiction may be typed or printed legibly by the notary public adjacent to, but not within, the impression or depiction.
(c) An embossed seal impression that is not photographically reproducible may be used in addition to, but not in place of, the seal impression or depiction required by (a) of this section.
(d) A notary public may use a seal in electronic form on electronic documents notarized by the notary public as authorized by regulations adopted by the lieutenant governor. The seal shall be affixed only at the time the notarial act is performed.

Sec. 44.50.066. Notary public’s status notification. (a) Within 30 days after change of a notary public’s name, mailing address, or physical address, the notary public shall, on a form provided by the lieutenant governor, submit written notification of the change, signed by the notary public.
(b) The lieutenant governor may require limited governmental notaries public commissioned under AS 44.50.010(a)(2) who change departmental or agency employers to submit written notification of the change on a form provided by the lieutenant governor.
(c) A notary public commissioned under AS 44.50.010(a)(1) reporting a name change shall submit to the lieutenant governor payment of the fee under AS 44.19.024 for the issuance of a replacement certificate of commission.
(d) A notary public reporting a name change under (a) and (c) of this section shall use the person’s former name for the performance of notarial acts until the person has
(1) provided written notification of the name change to the surety for any bond required under AS 44.50.034;
(2) received a replacement certificate of commission reflecting the name change from the lieutenant governor; and
(3) obtained a new seal reflecting the name change.
(e) The lieutenant governor may require a notary public to update the information required under AS 44.50.032, including the notary public’s current notarized signature and information regarding the notary public’s electronic signature.

Sec. 44.50.067. Resignation. (a) To resign a commission, a notary public shall notify the lieutenant governor in writing of the resignation and the date that it is effective. The notary public shall sign the notification.
(b) A notary public who does not any longer meet the requirements of this chapter to be a notary public shall immediately resign the commission.

Sec. 44.50.068. Disciplinary action; complaint; appeal; hearing; delegation. (a) The lieutenant governor may suspend or revoke a notary public’s commission or reprimand a notary public for good cause shown, including
(1) a ground on which an application for a commission may be denied;
(2) failure to comply with this chapter;
(3) failure to maintain residency in this state under AS 01.10.055; and
(4) incompetence or malfeasance in carrying out the notary public’s duties under this chapter.
(b) A person harmed by the actions of a notary public may file a complaint with the lieutenant governor. The complaint shall be filed on a form prescribed by the lieutenant governor and shall be signed and verified by the person alleging misconduct by the notary public.
(c) If the lieutenant governor determines that the allegations in the complaint do not warrant formal disciplinary action, the lieutenant governor may decline to act on the complaint or may advise the notary public of the appropriate conduct and the applicable statutes and regulations governing the conduct. The lieutenant governor shall notify the notary public and the complainant of the determination in writing.
(d) If the lieutenant governor determines that the complaint alleges sufficient facts to constitute good cause for disciplinary action, the lieutenant governor shall serve the notary public with a copy of the complaint as provided in Rule 4, Alaska Rules of Civil Procedure. The notary public may file a written response to the complaint with the lieutenant governor within 20 days after receipt of the complaint. The lieutenant governor may extend the time for the notary public’s response. The lieutenant governor shall provide a copy of the notary public’s response to the complainant.
(e) The lieutenant governor shall review the complaint and the response to determine whether formal disciplinary action may be warranted. The lieutenant governor may determine that the allegations in the complaint do not warrant formal disciplinary action, in which case the lieutenant governor may determine not to take further action on the complaint or may determine to advise the notary public of the appropriate conduct and the applicable statutes and regulations governing the conduct. If the lieutenant governor determines that formal disciplinary action is not warranted, the lieutenant governor shall provide the complainant and the notary public with a written statement of the basis for the determination.
(f) If the lieutenant governor finds that formal disciplinary action may be warranted, the lieutenant governor may suspend or revoke a notary public’s commission or reprimand a notary public. If the lieutenant governor suspends or revokes the commission or issues a reprimand, the lieutenant governor shall provide, by certified mail, the notary public with a written statement of the lieutenant governor’s decision, including a written statement of the basis for the determination.
(g) A person who is issued a reprimand, suspension, or revocation under (f) of this section may appeal the reprimand, suspension, or revocation by requesting a hearing within 15 days after receiving the statement provided under (f) of this section. If a hearing is requested, the lieutenant governor shall deny or grant the request under AS 44.64.060(b) and refer the matter to the office of administrative hearings under AS 44.64.060(b).
(h) The lieutenant governor may delegate the powers under this section.

Sec. 44.50.070. Presence and identification required. [Repealed, Sec. 14 ch 60 SLA 2005]. Repealed or Renumbered

Sec. 44.50.071. Confidentiality. (a) An address, telephone number, and electronic mail address of a notary public or an applicant that is submitted under AS 44.50.032 or 44.50.038 and that is designated by the notary public or applicant as confidential shall be kept confidential. However, a notary public shall provide a nonconfidential address and telephone number at which the notary public can be contacted.
(b) Compilations and data bases of those addresses, telephone numbers, and electronic mail addresses of notaries public that are confidential under (a) of this section shall be kept confidential, except that the lieutenant governor may disclose compilations and data bases if the lieutenant governor determines that disclosure is in the public interest.
(c) A complaint filed under AS 44.50.068 shall be kept confidential unless the lieutenant governor determines under AS 44.50.068(d) that the complaint alleges sufficient facts to constitute good cause for disciplinary action.

Sec. 44.50.072. Regulations. The lieutenant governor may adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this chapter.

Sec. 44.50.073. Published summary. The lieutenant governor may publish by electronic means for commissioned notaries public a summary of the provisions of this chapter and the regulations adopted under this chapter. The lieutenant governor shall, upon request, distribute the summary to each person who is commissioned a notary public under this chapter.

Sec. 44.50.080. – 44.50.140. Seal; Protest of bill or note; Return of papers to lieutenant governor; Application of Administrative Procedure Act to revocation of notary commission; Bond; Filing oath and bond; Disposition of bond. [Repealed, Sec. 14 ch 60 SLA 2005]. Repealed or Renumbered

Sec. 44.50.150. Copy of bond as evidence. A certified copy of the record of the official bond with all affidavits, acknowledgments, endorsements, and attachments may be read in evidence with the same effect as the original, without further proof.

Sec. 44.50.160. Misconduct or neglect. A notary and the sureties on the official bond are liable to persons injured for the damages sustained on account of misconduct or neglect of the notary.

Sec. 44.50.170. State employees as notaries. [Repealed, Sec. 14 ch 60 SLA 2005].Repealed or Renumbered

Sec. 44.50.180. Postmasters as notaries. (a) Each postmaster in the state may perform the functions of a notary public in the state.
(b) Each official act of a postmaster as a notary public shall be signed by the postmaster, with a designation of the person’s title as postmaster, shall have the cancellation stamp of the post office affixed, and shall state the name of the post office and the date on which the act was done.
(c) [Repealed, Sec. 14 ch 60 SLA 2005].
(d) Nothing in this chapter requires a postmaster to post a bond or to have a commission.

Sec. 44.50.190. Savings clause. [Repealed, Sec. 14 ch 60 SLA 2005]. Repealed or Renumbered

Sec. 44.50.200. Definitions. In this chapter, unless the context otherwise requires,
(1) “convicted” or “conviction” means that the person has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or guilty but mentally ill by a court or jury;
(2) “notarial act” means an act that is identified as a notarial act under AS 09.63.120 and an act that a notary public is directed to perform under AS 44.50.060;
(3) “notary public” means a person commissioned to perform notarial acts under this chapter.

[end-div]

Chapter 09.63 OATH, ACKNOWLEDGMENT, AND OTHER PROOF

[div]

Sec. 09.63.010. Oath, affirmation, and acknowledgment. The following persons may take an oath, affirmation, or acknowledgment in the state:
(1) a justice, judge, or magistrate of a court of the State of Alaska or of the United States;
(2) a clerk or deputy clerk of a court of the State of Alaska or of the United States;
(3) a notary public;
(4) a United States postmaster;
(5) a commissioned officer under AS 09.63.050(4);
(6) a municipal clerk carrying out the clerk’s duties under AS 29.20.380;
(7) the lieutenant governor when carrying out the lieutenant governor’s duties under AS 24.05.160;
(8) the presiding officer of each legislative house when carrying out the officer’s duties under AS 24.05.170.

Sec. 09.63.020. Certification of documents. (a) A matter required or authorized to be supported, evidenced, established, or proven by the sworn statement, declaration, verification, certificate, oath, or affidavit, in writing of the person making it (other than a deposition, an acknowledgment, an oath of office, or an oath required to be taken before a specified official other than a notary public) may be supported, evidenced, established, or proven by the person certifying in writing “under penalty of perjury” that the matter is true. The certification shall state the date and place of execution, the fact that a notary public or other official empowered to administer oaths is unavailable, and the following:
“I certify under penalty of perjury that the foregoing is true.”
(b) A person who makes a false sworn certification which the person does not believe to be true under penalty of perjury is guilty of perjury.

Sec. 09.63.030. Notarization. (a) When a document is required by law to be notarized, the person who executes the document shall sign and swear to or affirm it before an officer authorized by law to take the person’s oath or affirmation and the officer shall certify on the document that it was signed and sworn to or affirmed before the officer.
(b) The certificate required by this section may be in substantially the following form:

Subscribed and sworn to or affirmed before me at ______________
on _____________________.
(date)
______________________________
Signature of Officer
______________________________
Title of Officer
(c) If the document is sworn to or affirmed before a notary public of the state, the notary public shall
(1) affix on the document the
(A) notary public’s official signature and official seal; and
(B) date of expiration of the notary public’s commission; and
(2) comply with AS 44.50.060 – 44.50.065 and other applicable law.

Sec. 09.63.040. Verification. (a) When a document is required by law to be verified, the person required to verify it shall certify under oath or affirmation that the person has read the document and believes its content to be true.
(b) The person who makes the verification shall sign it before a person authorized by law to take the person’s oath or affirmation.
(c) A verification made under this section may be in substantially the following form:

I ___________________ say on oath or affirm that I have read the
foregoing (or attached) document and believe all statements made in the
document are true.
_____________________________
Signature
Subscribed and sworn to or affirmed before me at ______________
_________ on ___________________________.
(date)
_____________________________
Signature of Officer
_____________________________
Title of Officer
(d) If the verification is sworn to or affirmed before a notary public of the state, the notary public shall
(1) affix on the document the
(A) notary public’s official signature and official seal; and
(B) date of expiration of the notary public’s commission; and
(2) comply with AS 44.50.060 – 44.50.065 and other applicable law.

Article 02. UNIFORM RECOGNITION OF ACKNOWLEDGMENTS ACT

Sec. 09.63.050. Recognition of notarial acts performed outside the state. Notarial acts may be performed outside the state for use in the state with the same effect as if performed by a notary public of the state by
(1) a notary public authorized to perform notarial acts in the place in which the act is performed;
(2) a justice, judge, magistrate, clerk, or deputy clerk of a court of record in the place in which the notarial act is performed;
(3) an officer of the foreign service of the United States, a consular agent, or a person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed;
(4) a commissioned officer in active service with the armed forces of the United States or a person authorized by regulation of the armed forces to perform notarial acts if the notarial act is performed for a merchant seaman of the United States, a member of the armed forces of the United States, a person serving with or accompanying the armed forces of the United States, or their dependents; or
(5) a person authorized to perform notarial acts in the place in which the act is performed.

Sec. 09.63.060. Authentication of authority of officer. (a) If the notarial act is performed by a person described in AS 09.63.050(1) – (4) other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank or title and, if appropriate, the serial number of the person are sufficient proof of the authority of a person to perform the act.
(b) If the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if
(1) either a foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the foreign country resident in the United States certifies that a person holding that office is authorized to perform the act;
(2) the official seal of the person performing the notarial act is affixed to the document; or
(3) the title and indication of authority to perform notarial acts of the person appear either in a digest of foreign law or in a list customarily used as a source of that information.
(c) If the notarial act is performed by a person other than a person described in this section, there is sufficient proof of the authority of the person to act if the clerk of a court of record in the place in which the notarial act is performed certifies to the official character of the person and to the person’s authority to perform the notarial act.
(d) The signature and title of the person performing the act are prima facie evidence that the person has the designated title and that the signature is genuine.

Sec. 09.63.070. Certificate of person taking acknowledgment. The person taking an acknowledgment shall certify that
(1) the person acknowledging appeared before the person taking the acknowledgment and acknowledged that the person executed the instrument; and
(2) the person acknowledging was known to the person taking the acknowledgment or the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument.

Sec. 09.63.080. Recognition of certificate of acknowledgment. The form of a certificate of acknowledgment used by a person whose authority is recognized under AS 09.63.010 or 09.63.050 shall be accepted in the state if
(1) the certificate is in a form prescribed by the laws or regulations of the state;
(2) the certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken; or
(3) the certificate contains the words “acknowledged before me” or their substantial equivalent.

Sec. 09.63.090. Certificate of acknowledgment. The words “acknowledged before me” mean that
(1) the person acknowledging
(A) appeared before the person taking the acknowledgment;
(B) acknowledged that the person executed the instrument;
(C) in the case of
(i) a natural person, acknowledged that the person executed the instrument for the purposes stated in it;
(ii) an officer or agent of a corporation, acknowledged that the person held the position or title set out in the instrument and certificate, acknowledged that the person signed the instrument on behalf of the corporation by proper authority, and acknowledged that the instrument was the act of the corporation for the purposes stated in it;
(iii) a member or manager of a limited liability company, acknowledged that the individual signed the instrument on behalf of the limited liability company by proper authority and executed the instrument as the act of the limited liability company for the purposes stated in it;
(iv) a partner or agent of a partnership, limited partnership, or limited liability partnership, acknowledged that the person signed the instrument on behalf of the partnership by proper authority and executed the instrument as the act of the partnership for the purposes stated in it;
(v) a person acknowledging as a principal by an attorney-in-fact, acknowledged that the person executed the instrument by proper authority as the act of the principal for the purposes stated in it;
(vi) a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, acknowledged that the person signed the instrument in the capacity and for the purposes stated in it; and
(2) the person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging is the person named in the instrument or certificate.

Sec. 09.63.100. Forms of acknowledgment. (a) The forms of acknowledgment set out in this subsection may be used and are sufficient for their respective purposes under a law of the state. The authorization of the forms in this section does not preclude the use of other forms.
(1) For an individual acting in the individual’s own right:

State of ________________________________________________________
________________ Judicial District (or County of ________________ or Municipality of _____________)
The foregoing instrument was acknowledged before me this (date) by
(name of person who acknowledged).
_____________________________
Signature of Person Taking
Acknowledgment
_____________________________
Title or Rank
_____________________________
Serial Number, if any
(2) For a corporation:
State of ________________________________________________________
________________ Judicial District (or County of ________________ or Municipality of _____________)
The foregoing instrument was acknowledged before me this (date) by
(name of officer or agent, title of officer or agent) of (name of
corporation acknowledging) a (state or place of incorporation)
corporation, on behalf of the corporation.
_____________________________
Signature of Person Taking
Acknowledgment
_____________________________
Title or Rank
_____________________________
Serial Number, if any
(3) For a limited liability company:
State of ________________________________________________________
________________ Judicial District (or County of ________________ or Municipality of _____________)
The foregoing instrument was acknowledged before me this (date) by
(name of member or manager), member (or manager) of (name of limited
liability company acknowledging) a (state or place of organization)
limited liability company, on behalf of the limited liability company.
_____________________________
Signature of Person Taking
Acknowledgment
_____________________________
Member (or Manager)
_____________________________
Serial Number, if any

(4) For a partnership:
State of ________________________________________________________
________________ Judicial District (or County of ________________ or Municipality of _____________)
The foregoing instrument was acknowledged before me this (date) by
(name of acknowledging partner or agent), partner (or agent) on behalf
of (name of partnership), a (partnership, limited partnership, or
limited liability partnership).
_____________________________
Signature of Person Taking
Acknowledgment
_____________________________
Title or Rank
_____________________________
Serial Number, if any
(5) For an individual acting as principal by an attorney-in-fact:
State of ________________________________________________________
________________ Judicial District (or County of ________________ or Municipality of _____________)
The foregoing instrument was acknowledged before me this (date) by
(name of attorney-in-fact) as attorney-in-fact on behalf of (name of
principal).
_____________________________
Signature of Person Taking
Acknowledgment
_____________________________
Title or Rank
_____________________________
Serial Number, if any
(6) By a public officer, trustee, or personal representative:
State of ________________________________________________________
________________ Judicial District (or County of ________________ or Municipality of _____________)
The foregoing instrument was acknowledged before me this (date) by
(name and title of position).
_____________________________
Signature of Person Taking
Acknowledgment
_____________________________
Title or Rank
_____________________________
Serial Number, if any

(b) If a document is acknowledged before a notary public of the state, the notary public shall
(1) affix on the document the
(A) notary public’s official signature and official seal; and
(B) date of expiration of the notary public’s commission; and
(2) comply with AS 44.50.060 – 44.50.065 and other law.

Sec. 09.63.110. Uniformity of interpretation. AS 09.63.050 – 09.63.130 shall be interpreted as to make uniform the laws of those states which enact them.

Sec. 09.63.120. Definition. In AS 09.63.010 – 09.63.130, “notarial acts” means acts that the laws and regulations of the state authorize notaries public of the state to perform, including the administering of oaths and affirmations, taking proof of execution and acknowledgment of instruments, and attesting documents.

Sec. 09.63.130. Short title. AS 09.63.050 – 09.63.130 may be cited as the Uniform Recognition of Acknowledgments Act.

[end-div]

Chapter 44.50 Complaints

[div]

(b) A person harmed by the actions of a notary public may file a complaint with the lieutenant governor. The complaint shall be filed on a form prescribed by the lieutenant governor and shall be signed and verified by the person alleging misconduct by the notary public.

(c) If the lieutenant governor determines that the allegations in the complaint do not warrant formal disciplinary action, the lieutenant governor may decline to act on the complaint or may advise the notary public of the appropriate conduct and the applicable statutes and regulations governing the conduct. The lieutenant governor shall notify the notary public and the complainant of the determination in writing.

(d) If the lieutenant governor determines that the complaint alleges sufficient facts to constitute good cause for disciplinary action, the lieutenant governor shall serve the notary public with a copy of the complaint as provided in Rule 4, Alaska Rules of Civil Procedure. The notary public may file a written response to the complaint with the lieutenant governor within 20 days after receipt of the complaint. The lieutenant governor may extend the time for the notary public’s response. The lieutenant governor shall provide a copy of the notary public’s response to the complainant.

(e) The lieutenant governor shall review the complaint and the response to determine whether formal disciplinary action may be warranted. The lieutenant governor may determine that the allegations in the complaint do not warrant formal disciplinary action, in which case the lieutenant governor may determine not to take further action on the complaint or may determine to advise the notary public of the appropriate conduct and the applicable statutes and regulations governing the conduct. If the lieutenant governor determines that formal disciplinary action is not warranted, the lieutenant governor shall provide the complainant and the notary public with a written statement of the basis for the determination.

(f) If the lieutenant governor finds that formal disciplinary action may be warranted, the lieutenant governor may suspend or revoke a notary public’s commission or reprimand a notary public. If the lieutenant governor suspends or revokes the commission or issues a reprimand, the lieutenant governor shall provide, by certified mail, the notary public with a written statement of the lieutenant governor’s decision, including a written statement of the basis for the determination.

(g) A person who is issued a reprimand, suspension, or revocation under (f) of this section may appeal the reprimand, suspension, or revocation by requesting a hearing within 15 days after receiving the statement provided under (f) of this section. If a hearing is requested, the lieutenant governor shall deny or grant the request under AS 44.64.060(b) and refer the matter to the office of administrative hearings under AS 44.64.060(b).

(h) The lieutenant governor may delegate the powers under this section.

[end-div]

Frequently Asked Questions

What is a notary?

A notary public is an official appointed by the State to serve the public as an impartial and unbiased witness, with duties prescribed by law.

What is a surety?

[div]

A surety is an individual or entity willing to accept financial liability for the notary’s debts and defaults of obligations up to the amount of the surety bond. In Alaska, the bond amount is $1,000.

An applicant may choose one of two options for a surety:

Commercial Bond: A bond may be purchased through an insurance agency in which case the notary would be commercially bonded.
Private Bond: A business, organization, or private individual may act as a private surety on behalf of a notary, in which case, the notary would be privately bonded.

One cannot act as one’s own surety.

[end-div]

What does notarization mean?

A notary public is a public officer constituted by law to serve the public by taking acknowledgments, administering oaths and affirmations, and performing certain other official acts depending on the jurisdiction. Any such act is a notarization.

Am I required to keep a notary journal?

You are not required by law to keep permanent record of your notarizations, however, this office cannot emphasise enough the importance of recording every notarization you perform in a proper notary journal. Journal entries should be sequentially numbered and any journal or recording system where the pages are not physically bound together (or logically bound in the case of electronic notary journals) in a manner that prevents them from being inserted or removed from the journal by the notary should be avoided. If a notarized document is lost or altered, or if certain facts about the transaction are later challenged, the journal becomes valuable evidence. It can both protect the rights of citizens and help notaries defend themselves against false accusations.

What is the procedure for notarizing a document?

[div]

Ask the signer for the document that contains (or will contain) the signature to be notarized.While you scan the document for any printed title or other document identification, ask the signer to describe the document to you as well (use both sources of information to describe the document in your journal). If the signer is unable to describe what the document is, or is having a difficult time conveying that information, it may be an indication that they are not competent to sign.
If signer is not personally known to you, request identification as required by law.
Ask the signer if the document is complete while screening it to locate the Notarial certificate. If the document contains a Notarial certificate, read it completely and screen for any errors that will need to be corrected. If the document does not contain a Notarial certificate you will not be able to proceed with the notarization until the omission is addressed.
Record information about the act in your Notary journal and have the signer sign your journal. Pay attention to how the signer signs your journal. It should be an easy fluid movement. Any awkwardness related to the making of the signature may be an indication of attempted forgery.
Administer any required oath and have the signer sign the document if it hasn’t already been signed. Jurat notarizations (those involving oaths) must be signed in the presence of the notary. Carefully compare the signature on the document against the signatures on the ID card and your journal.
Complete the Notarial certificate, being careful to make any necessary corrections. Take care to indicate the expiration date of your commission where it is requested. If you are not prompted for the expiration date of your commission as part of the notarial certificate it must be included anyway, either as part of your notary seal or by indicating “My commission expires (date)” near your signature on your notarial certificate.
Sign the Notarial certificate.
Affix your Notary seal on the document. Place the seal in a blank space as near as possible to your signature. Never place the seal over any signatures or document wording. If using an embossing seal, take care to shade over the raised portion of the seal so that it complies with the requirement that it be “photographically reproducible.” If any elements of the seal are illegible, print the missing information so that it is legible.

[end-div]

Must I sign my name exactly the way it appears on the certificate?

Yes. You must sign your name as it appears on the certificate and seal.

Where do I place my notary seal on a document?

[div]

The notary seal should be affixed on the document where it can easily be read, and so that it legibly reproduces under photographic methods as to comply with Alaska Statutes. The seal cannot be affixed over the notary’s signature or other printed matter.

If the document bearing the notarized signature will be submitted for recording please avoid placing your seal within two inches of the top margin of the page and within one inch of the remaining margins of the document. The recorders office charges a $50.00 non standard document fee for any documents submitted for recording that do not meet their margin requirements.

[end-div]

How should I notarize a document that contains no notarial certificate?

You should not. A notarization is incomplete without notarial wording. It is not the notary’s role or obligation to decide what type of notarial act is needed for a given document. This is a legal decision. The signer should be asked to find out what kind of certificate is appropriate. This information may be acquired through an attorney or from the issuing or receiving agencies of the document. If the constituent provides the appropriate notarial wording, the notary may affix the notarial certificate as a courtesy.

Is it necessary for a signer to appear before the notary?

Yes. The personal appearance of the signer before the Notary during the act of notarization is required by law.

What should I do if there is not enough room for an embosser seal or rubber stamp information on a document?

In most instances, a separate notary certificate may be affixed to the document. This is called a loose certificate, and the notary should place the seal half on the loose portion of the certificate and half on the original document. However, the loose certificate is not always accepted and the person requesting the notarization is responsible for making sure with the receiving agency of the document that a separate notary certificate attached to the document is acceptable. In other instances, the notary should carefully place the rubber stamp information and embossed seal on the document in a place so as to cover the least amount of print as possible.

What are the limitations of notarization?

Notarization does not guarantee the truthfulness or accuracy of statements in a document. The notary has no obligation to verify a document’s contents. Notarization does not “legalize” or “validate” a document.

May I notarize my own signature or the signature of relatives?

[div]

You may not notarize your own signature. Alaska Statutes do not specifically forbid notarizing the signatures of relatives but do prohibit Notaries from performing a notarization if they are named in the document or “will receive directly from a transaction connected with the notarial act a commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the normal fee charged by the notary for the notarial act.”

If there is any reason to believe that a document may be contested, or if the actions related to the document may prove controversial, it would be best in those situations to avoid performing notarizations for relatives.

If you are unsure about the wisdom or propriety of involving yourself in a notarization for a relative it would be best to refuse to participate in the notarization.

[end-div]

May I charge for notarizing a document? If so, how much may I charge?

Alaska Statutes do not address this subject for notaries without limitation except that a published fee schedule must be provided to the signer prior to the performance of the notarization if a notary intends to collect a fee for their services (AS 44.50.062 (4)). Statute does state that Limited Governmental Notaries may not charge for notarization.

May I notarize documents outside the State of Alaska?

No. A notary may perform notarizations only within Alaska’s geographical boundaries.

What are the most crucial elements that a document must contain in order to be notarized?

The most crucial element is a personal statement by the signer that forms the document’s text and indicates the signer’s agreement with and willingness to be obligated to certain terms.

Is it necessary to require the signer to take an oral oath or affirmation?

Alaska Statute requires oral oaths for affidavits, depositions, and other sworn statements.

What is the correct wording for a simple oath or affirmation?

[div]

Oath: I do solemnly swear that the statements in this document are true, so help me God.

Affirmation: I do solemnly affirm that the statements in this document are true.

[end-div]

Is it proper for the notarial certificate to be an attachment to the document?

[div]

Yes. However, the notarial certificate should be identified in some way as belonging to that document. You might, for example, write in the margin, “This certificate is attached to a _________________ (name document) dated __________________, and signed by _____________________.”

What is a signature-by-mark notarization, and what does it require?

When a physical handicap or illiteracy prevents a signer from writing his or her signature in the normal fashion, a mark (usually an “X”) may be used. This type of signature requires two witnesses in addition to the notary.

[end-div]

What three things should a notary screen for?

[div]

a. Identify
b. Willingness
c. Competency

What forms of identification should a notary request?

Unless the signer is personally know to the Notary, Alaska Statute requires persons appearing before a notary to produce government-issued identification containing the photograph and signature of the person signing or government-issued ID containing the signature of the person signing without a photograph and another valid identification containing the photograph and signature of the person signing. (AS 44.50.062 (c))

[end-div]

How can I determine willingness?

If you suspect a person is being forced to sign a document, you should refuse to notarize the document. If you fear violence, you might notarize and then contact the police.

How can I screen for competency?

The constituent should be able to communicate with you in some fashion and have the ability to indicate a basic understanding of the contents of the document. If there is doubt about competency, you may consult an available expert, such as the constituent’s doctor or attorney. However, your common sense should prevail. If the constituent cannot communicate intelligibly, the notarization should not be performed.

What are the three types of discrepancies that commonly cause recorders to reject notarized documents?

[div]

a. Missing or illegible seal impression
b. Missing or illegible signature
c. Improper or incomplete notarial certificate.

[end-div]

What should a notary do if asked to notarize a signature on a document written in a foreign language?

[div]

First, the notary and the signer must be able to communicate directly without the assistance of a translator. If the notary and signer can’t communicate directly the notary must decline the notarization and the signer should find a notary fluent in their language.

If direct communication with the signer is possible but the notary can’t read the body of the document, notaries have the discretion to either continue with the notarization or they may decline the notarization for reasons discussed below. Either way, every document bearing a notarized signature must also contain a notarial certificate and the notarial certificate must be in a language that the notary understands.

If you decide that you are unable to perform the notarization please try to assist the signer in finding a notary that can work with them or direct them to contact the notary office for assistance.

In some cases, foreign language documents may be drafted such that the notary’s name is embedded in the body of the document. Alaska law specifically prohibits notaries from performing notarizations if they are named in the body of the document.

The safest course of action for the notary is to defer the notarization to a notary fluent in the language the document is constructed in. We have a resources web page where we list Alaska notaries who are available to perform foreign language notarizations.

If you speak a particular language and would like to be listed as a resource for persons requiring notarial services in that language please contact the office. If you speak a particular language and are having difficulty finding a notary fluent in that language, please consider applying for a notary commission and making yourself available to assist others who need assistance with that language.

[end-div]

What is the difference between a jurat and an acknowledgment?

[div]

A jurat is part of an affidavit in which the notary states that the affidavit was signed and sworn to before the notary. When a document contains a jurat, it must be signed in a notary’s presence, and the document signer must swear to the truthfulness of the statement in the document.

An acknowledgment is a declaration by a person before a notarial officer that he or she has signed a record for the purposes stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record. When a document contains an acknowledgment, it does not have to be signed in a notary’s presence, but the document signer must still appear before the notary to acknowledge that he or she signed the document and agrees to the contents. But this practice is not recommended because any discrepancy between the date of the signature and the date of the notarization may cause those unfamiliar with this aspect of notary law to question the validity of the notarization. To avoid this potential problem it is recommended that all signatures take place in the presence of the notary during the notarization.

[end-div]