Notary Defined
A Notary Public is a person of integrity appointed by the Secretary of State to serve the public as an impartial witness in taking acknowledgments, administering oaths and affirmations, and performing other acts authorized by your state laws. Fundamental honesty is the basic requirement to serve as a Notary. The whole structure of ethical standards is derived from the paramount need for Notaries to be trustworthy. The most common function of the Notary is to prevent fraud by attesting that a person actually signed a document.

Iowa Notary Application.
Fees for Notarization

Currently, Iowa has not set a specific dollar figure to the allowable fees a notary may charge per notarization. The fee an Iowa Notary may charge is to be reasonable.

Jurisdiction
An Iowa Notary can notarize anywhere within the geographical boundaries of the state in which they are commissioned. It is important to realize that a notary may notarize a document that was created or intended to be filed outside of the geographical boundaries of their jurisdiction provided the certificate reflects that the notarization was made in that jurisdiction and the notary’s certification reflects according to their commission.

Change of Address
If a notary's address changes they are required to submit a Change of Address Form to the Secretary of State office. There is no fee associated with submitting this change of address form in Iowa.

Eligibility

     Must be a minimum of 18 years old
     Resident of the State of Iowa or a resident of a bordering state if place of work or business is located in Iowa
     Must not be disqualified from voting either by felony conviction or determined to be mentally incompetent
     to vote


Term of Commission/Renewal

Change of Address Form to the Secretary of State office. There is no fee associated with submitting this change of address form in Iowa.

Term of Commission/Renewal
A Resident Iowa Notary Commission is for a term of three years from the date the original commission was granted. A renewal form may be found on the Iowa SOS site.

An Iowa Notary Commission by a resident of a bordering state is for a term of one year. If you live in a bordering state but work or have a place of business in Iowa, you can be commissioned as an Iowa Notary Public.

to the Secretary of State office. There is no fee associated with submitting this change of address form in Iowa.

Iowa Official Seal Requirements
The words “Notarial Seal” and “Iowa”
The notary’s name
The words “Commission Number” followed by the number
The words “My commission Expires” followed by the date or a blank line to fill in the date.
For public officials, the stamp or seal must contain the following:
The words “Notarial Seal” and “Iowa”
The notary’s name and the title under which the person may perform notarial acts.

Role of a Notary Public
A Notary plays an important role in deterring both document fraud and identity theft. The Notary attests to the genuineness of the signature on a document to establish its authenticity and administers oaths to witnesses to compel the truthfulness of the statements made in the documents being notarized. The Notary’s actions also guarantee that the statement of a witness is being made willingly and freely, of the signer’s own intent.
The notarization DOES:
     Deter document fraud and identity theft when proper steps are taken by the Notary Public
The notarization DOES NOT:
     Make a document legal or valid
     Prove the truthfulness of any statements made in the document
     Standing alone, it does not protect the right of a person to ownership of his or her artistic creations
     or inventions.

Fundamental Steps of a Notarization
A Notary should complete three basic steps in the process of a notarization. Each is no less important than the other. Each step serves it’s own necessary purpose in deterring fraud and identity theft.

A Notary should complete three basic steps in the process of a notarization. Each is no less important than the other. Each step serves it’s own necessary purpose in deterring fraud and identity theft.

Step 1) Screen the Signer
In screening the signer it is imperative the signer appear before the notary. While in the notary’s presence, the notary is able to see that the signer is willing, aware and competent to perform this signature. A Notary will also verify the signer’s identity in one of three ways.
1) Proper form of identification which should meet the minimum criteria of a photo, physical description, signature and be current, not expired OR
2) Personally known to the notary OR
3) Credible identifying witness (if applicable in your state).
In Iowa, a credible witness can only be used if the credible witness is personally known to the notary and the credible witness personally knows the signer and attests to the signer’s identity. A credible witness should be impartial with no interest in the document being notarized. In the use of a credible witness as a means of a signer’s identification, the notary would want to record the credible witness name and contact information as well as have them sign the journal in reference to the notarization being done as well as the signer’s information and signature.

In screening the signer it is imperative the signer appear before the notary. While in the notary’s presence, the notary is able to see that the signer is willing, aware and competent to perform this signature. A Notary will also verify the signer’s identity in one of three ways.
1) Proper form of identification which should meet the minimum criteria of a photo, physical description, signature and be current, not expired OR
2) Personally known to the notary OR
3) Credible identifying witness (if applicable in your state).
In Iowa, a credible witness can only be used if the credible witness is personally known to the notary and the credible witness personally knows the signer and attests to the signer’s identity. A credible witness should be impartial with no interest in the document being notarized. In the use of a credible witness as a means of a signer’s identification, the notary would want to record the credible witness name and contact information as well as have them sign the journal in reference to the notarization being done as well as the signer’s information and signature.

Step 2) Make a journal entry
Some states require a journal. Iowa does not require a Journal but it is highly recommended. Keeping a record of whom you have notarized for can be an effective tool in deterring fraud. Keeping a journal will also allow you to keep track of how many notarizations you do each year for income tax purposes. The portion you are allowed to charge in your state is not subject to SE (Self-Employment Tax). See more in the IRS Self Employment Section. It is suggested to make a journal entry even if the notarization is not completed. Journal entries should be in some type of bound book or binder in chronological order with page numbers. A journal entry should give complete information about the date and time of signing, name, and address of signer, identification used to identify signer, information from the identification such as identification #, document/s notarized, what type of notarial certification was used and their signature. (A thumbprint is also recommended. Most journals have a box for this).   If the signer canceled, make notes that it was canceled still filling in the name, date (as much information as you have). Some states require a journal, entries per notarial act and thumbprint.

Some states require a journal. Iowa does not require a Journal but it is highly recommended. Keeping a record of whom you have notarized for can be an effective tool in deterring fraud. Keeping a journal will also allow you to keep track of how many notarizations you do each year for income tax purposes. The portion you are allowed to charge in your state is not subject to SE (Self-Employment Tax). See more in the IRS Self Employment Section. It is suggested to make a journal entry even if the notarization is not completed. Journal entries should be in some type of bound book or binder in chronological order with page numbers. A journal entry should give complete information about the date and time of signing, name, and address of signer, identification used to identify signer, information from the identification such as identification #, document/s notarized, what type of notarial certification was used and their signature. (A thumbprint is also recommended. Most journals have a box for this).   If the signer canceled, make notes that it was canceled still filling in the name, date (as much information as you have). Some states require a journal, entries per notarial act and thumbprint.

Step 3) Complete the Notarial Certificate
*Venue: State and County in which notarization took place.
*Wording of notarial act whether it be an Acknowledgment proving the identity of the signer or a Jurat stating the signer swore an oath of truthfulness to the content of the document.
*Date the signer appeared and/or swore oath, name of signer and that the signature was freely given and acknowledged.
A notarization is meaningless without the proper notarial wording. A Notarial Certificate may be part of the actual document or it may be attached. If it is attached it is always recommended to make a notation on each sheet referencing the other so the certificate cannot be removed and used on a different document or use an all-purpose form that references the document it is attached to.
* Lastly, the seal: The notary must affix their stamp or seal with the proper state required information on it. Be certain the stamp is not affixed over any wording or signatures.

Notary Central Supplies for all your notary needs.

The completion of the three basic steps of notarization will meet the Standard of Care for the individual act of notarization. The term “Standard of Care” is a legal term that defines the minimum duty for the person who has accepted a notary commission. The Standard of Care is the reasonable level of care that a prudent and cautious person would take in the same or similar circumstances as that faced by the individual notary. For the notary to do anything less invites invalidation of the notarial act, potential disciplinary procedures and the chance of further legal action by one or more of the parties to the document being notarized.

*Venue: State and County in which notarization took place.
*Wording of notarial act whether it be an Acknowledgment proving the identity of the signer or a Jurat stating the signer swore an oath of truthfulness to the content of the document.
*Date the signer appeared and/or swore oath, name of signer and that the signature was freely given and acknowledged.
A notarization is meaningless without the proper notarial wording. A Notarial Certificate may be part of the actual document or it may be attached. If it is attached it is always recommended to make a notation on each sheet referencing the other so the certificate cannot be removed and used on a different document or use an all-purpose form that references the document it is attached to.
* Lastly, the seal: The notary must affix their stamp or seal with the proper state required information on it. Be certain the stamp is not affixed over any wording or signatures.

Notary as an Impartial Witness/Conflict of Interest
A notary cannot notarize anything they have a personal interest in; monetary or otherwise. Notarizing for a relative is not forbidden in Iowa but it is not recommended. A notary is also never to act as an advocate for a party within the transaction or document being notarized.

Common Notarizations and Proper Procedural Steps
For a document to be notarized it must contain the following:
A text that commits the signer in some manner, such as a deed or affidavit.
An original signature (not a photocopy) of the person signing the document.
A notarial certificate, which may appear on the document itself or be an attachment.
The notary can then complete the certificate, sign it and apply their stamp or seal to complete the notarization.

Iowa Standard Acknowledgment:

Loose Acknowledgment

A formal declaration made before the Notary that the person signing the document did so freely, voluntarily, and for the purpose stated in the document. The document does not have to be signed in the Notary's presence, but the signer must personally appear before the Notary at the time of notarization to acknowledge he/she signed it.

Iowa Standard Acknowledgment by Representative Capacity

This is the same as the Standard Acknowledgment accept that it has added fields for a signer to state who or what entity and their position within that entity by which they are authorized to sign on that person or entities behalf such as vice president or trustee.

Iowa Standard Jurat:

Loose Jurat

Jurat (Verification). The main purpose of a Jurat is to compel truthfulness in a signer. The signer must take a verbal oath and sign the document in front of the Notary. The Notary certifies that the individual came before him, signed and verbally swore/affirmed to the truthfulness of the statements in the document. A verbal oath should be as follows: "Do you swear/affirm that the statements in this document are true to the best of your knowledge? If so, say "I do or I affirm". Not administering the verbal oath can effect the validity of the document being notarized if it every comes into question.

Iowa Standard Copy Certification:

A certified copy is a document that has been verified as a true and accurate copy of the original. Documents for copy certification by a notary are privately issued documents such as business documents, power of attorney, etc. A Notary may not certify a copy of a public record such as a birth certificate, death certificate or deed.
Occasionally, someone will bring a document to a notary without any Notarial Certificate wording. The notary MAY NOT determine which type of Certificate is needed. A Notary may tell the signer what the purpose of an acknowledgment and a jurat are and they may tell you what they want. If they do not know, they must contact the person who prepared the document and have them tell the notary which type of notarial certificate they want or require on the document.
This is an instance where a Notary has to be careful about UPL (Unauthorized Practice of Law). If a notary were to recommend or choose the type of certificate to be used they could be charged with UPL. A Notary Public, unless they are also an attorney, may not make this decision.
If you are handling Loan Signings or any other document and are concerned if the loose certificate you have added meets the requirements of the state the documents will be recorded in, a Notary Public need only concern themselves with meeting the requirements of the state they are notarizing in.

Adding a loose certificate

If the notarial wording on a document is not the proper wording to meet Iowa notarial requirements, a notary has the option of altering the wording within the existing certificate or adding a 'loose certificate' with the proper wording. In adding a loose certificate, follows these steps:
   1) notate on the document to be notarized that there is a notarial acknowledgment or jurat attached,
   2) line through the entire existing notarial certificate and initial
   3) on the loose certificate note the following information:
            a) title of the document being notarized,
            b) date of document (if there is a date)
            c) reference number from document (if there is one)
            d) any signers listed on the document that you will not be notarizing.
If you need to add a loose certificate, go to the individual notarial certificate section of this page for a downloadable pdf of each. These loose certificates include the necessary input fields to show what document they are attached to.

A Notary Public’s right to refuse to notarize

A certified copy is a document that has been verified as a true and accurate copy of the original. Documents for copy certification by a notary are privately issued documents such as business documents, power of attorney, etc. A Notary may not certify a copy of a public record such as a birth certificate, death certificate or deed.
Occasionally, someone will bring a document to a notary without any Notarial Certificate wording. The notary MAY NOT determine which type of Certificate is needed. A Notary may tell the signer what the purpose of an acknowledgment and a jurat are and they may tell you what they want. If they do not know, they must contact the person who prepared the document and have them tell the notary which type of notarial certificate they want or require on the document.
This is an instance where a Notary has to be careful about UPL (Unauthorized Practice of Law). If a notary were to recommend or choose the type of certificate to be used they could be charged with UPL. A Notary Public, unless they are also an attorney, may not make this decision.
If you are handling Loan Signings or any other document and are concerned if the loose certificate you have added meets the requirements of the state the documents will be recorded in, a Notary Public need only concern themselves with meeting the requirements of the state they are notarizing in.

Correcting a Certificate

Under the acknowledgment explanation, we covered what to do if the venue is incorrect. Additionally, if not all of the state minimum requirements are met with what is preprinted as a notarial certificate, a notary may do one of two things; add the additional wording by writing or typing them in; or make one line diagonal through the certificate and add a loose certificate that has all the required wording for your state. It is not considered unauthorized practice of law (UPL) for a notary to correct the information within the notarial certificate.

Representative Capacity, POA etc
Signing in a representative capacity could be acting on behalf of a corporation, partnership, trust or any other entity, as an authorized agent; a public officer; personal representative of a minor; an attorney in fact (Power of Attorney); any other capacity as an authorized representative of another.
Forms of acknowledgments in a representative capacity:
Corporate Officer
Attorney in Fact
Partnerships
Corporations/Joint Stock Association
Individual Fiduciary
Corporate Fiduciary
Limited Partnership
Joint Ventures
Municipalities
Counties
Custodians

There is a special acknowledgment when signing in a representative capacity.

Blank Space in Documents

In Iowa as with many states, it is recommended to leave no blanks in a document. This will deter any possibility of a fraudulent act after the signer has signed and the notary has notarized the document. If there are blanks in a document it is recommended to have the signer either line through each blank or to write n/a or Not Applicable in the space, if no other instructions are present in the document. In the notarial laws of some states it is not a recommendation but rather a part of the notarial law to not notarize a document with any blank spaces. Check your state notarial laws.

Apostilles & Certificates/Hague Convention

An Apostille is a certificate issued by the Secretary of State which confirms the existence of a Notary’s commission. An Apostille is used for Notary authentication that is required by certain countries who abide by the Hague Convention. It is not the duty of the notary public to obtain an Apostille for a document leaving the U.S. It is up to the person requesting the notarization to either mail or take the notarized document to the State Office. In taking the document to the State office to obtain an apostille, the requestor must attach a cover sheet stating the country receiving the document. Their is no specific format for this coversheet, the information just needs to accompany the document.

Iowa Notarial Code 9E

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Iowa Notary Training Course Schedule

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