CO Code § 24-21-527 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 21 - Secretary of State - Department of State|Part 5 - Revised Uniform Law on Notarial Acts|§ 24-21-527. Rules - Definitions - Repeal

  The secretary of state may adopt rules to implement this part 5 in accordance with article 4 of this title 24. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The rules may:   Prescribe the manner of performing notarial acts regarding tangible and electronic records;    Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;    Include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;    Prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public, including rules for use of the electronic filing system;    Include provisions to prevent fraud or mistake in the performance of notarial acts;    Provide for the administration of the examination under section 24-21-522 (1) and the course of study under section 24-21-522 (2);    Prescribe the manner of performing notarial acts using audio-video communication technology, including provisions to ensure the security, integrity, and accessibility of records relating to those acts; and    Prescribe requirements for the approval and use of remote notarization systems and storage systems.       In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the secretary of state shall consider, so far as is consistent with this part 5:   The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State;    Standards, practices, and customs of other jurisdictions that substantially enact this part 5; and    The views of governmental officials and entities and other interested persons.         As used in this subsection (3): (3) (a) As used in this subsection (3):   "Interim period" means the period beginning on March 30, 2020, and ending on December 31, 2020.    "Temporary rule" means rule 5 of the notary program rules as adopted by the secretary of state effective March 30, 2020, and published at 8 CCR 1505-11, and any analogous successor emergency rule of the notary program that authorizes remote notarizations.       During the interim period:   A notary public commissioned by the secretary of state may perform notarial acts with respect to a remotely located individual using audio-video communication in accordance with, and subject to the limitations and restrictions set forth in, the temporary rule; and    Insofar as it relates to any notarial act permitted by the temporary rule and performed during the interim period, any requirement in this part 5 or title 38 that an individual making a statement or executing a signature appear personally before a notarial officer is satisfied by the procedures specified in and permitted by the temporary rule.       The secretary of state may amend the temporary rule in accordance with article 4 of this title 24, but the amendment must not permit the performance of a remote notarization with respect to a record described in section 5.2.2 of the temporary rule other than in accordance with the provisions of the temporary rule as it existed on June 26, 2020.    A notarial act performed during the interim period with respect to a remotely located individual that complied with the temporary rule is not invalid due to the lack of express statutory authority for the notarial act.    The secretary of state shall update the applicable joint committee of reference during the department of state's 2020 presentation made pursuant to section 2-7-203 regarding the implementation of this subsection (3).    Subsections (3)(b), (3)(c), and (3)(e) of this section and this subsection (3)(f) are repealed, effective December 31, 2020.        Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 805, § 2, effective July 1, 2018. L. 2020: (1)(e) amended and (1)(g), (1)(h), and (3) added, (SB 20-096), ch. 130, p. 565, § 7, effective June 26.   Editor's note: Section 10(1)(b) of chapter 130 (SB 20-096), Session Laws of Colorado 2020, provides that the act changing this section applies to conduct occurring on or after March 30, 2020.   Cross references: For the legislative declaration in SB 20-096, see section 1 of chapter 130, Session Laws of Colorado 2020.