Electronic Notarization Rules

Pursuant to the requirements of section 24-4-103, C.R.S., notice of proposed rulemaking is hereby given by the Secretary of State. A rulemaking hearing will be held on Friday, July 9, 2004 at 9:00 a.m. in the Secretary of State's large conference room, Suite 200, 1560 Broadway, Denver, Colorado 80202. All interested persons will be afforded an opportunity to be heard on the subject of rules for electronic notarization.
Subject of Proposed Rulemaking

New rules proposed pursuant to the authority delegated to the Secretary of State in section 12-55-106.5, C.R.S., which requires the Secretary of State to "promulgate rules necessary to establish standards, procedures, practices, forms, and records relating to a notary's electronic signature” including rules to implement the provisions of House Bill 04-1300.

Authority for Proposed Rulemaking

The rulemaking is proposed pursuant to the authority delegated to the Secretary of State in section 12-55-106.5, C.R.S., which requires the Secretary of State to "promulgate rules necessary to establish standards, procedures, practices, forms, and records relating to a notary's electronic signature."

Copies of the proposed rules may be obtained from the office of the Secretary of State, 1560 Broadway, Suite 200, Denver, Colorado 80202, or by calling (303) 894-2200 ext. 6108. An initial copy will be given free of charge. The proposed rules also will be published on the Secretary of State's Internet Website at www.sos.state.co.us.

The hearing will be held in accordance with section 24-4-103, C.R.S. Written and oral data, comments, and arguments will be received from all interested parties. Written submissions must be filed at or before the commencement of the hearing on Friday, July 9, 2004 at 9:00 a.m. in order to be considered. Oral testimony may be limited, in order to allow the proceedings to go forward with reasonable promptness and efficiency. For more information, please contact Dana Williams, Administration Division, (303) 894-2200, ext. 6108.

Statement of Basis, Purpose, and Statutory Authority

Office of the Secretary of State
Rules Concerning Electronic Notarization
Pursuant to C.R.S. 24-4-103

Basis and Purpose

These rules are based on the Colorado Notary Law, article 55 of title 12 Colorado Revised Statutes; specifically defining how electronic notaries will perform notarial acts using electronic signatures. These rules shall define procedures and practices as described in section 12-55-106.5 CRS and in section 3 of House Bill 04-1300.

It is the purpose of these rules to describe how electronic notaries shall register their electronic signatures with the Secretary of State and explain specific procedures electronic notaries must comply with in order to electronically execute notarial acts and maintain registration with the Secretary of State.

Specific Statutory Authority

These rules are promulgated in accordance with the Colorado Administrative Procedures Act, C.R.S. 24-4-103, "Rule-making procedure," and pursuant to the specific rule-making authority granted to the Secretary of State by the Notary Public Law at C.R.S. 12-55-106.5.