Rules for Notaries Public in Minnesota

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    Age and Residency

    • To be eligible to serve as a notary public in Minnesota, you must be at least 18 years of age. You must also be a resident of Minnesota or of a county in Iowa, North Dakota, South Dakota or Wisconsin that shares a border with Minnesota.

    Application Process

    • Applying for a new commission as a Minnesota notary public involves filling out the notary application available from the Minnesota Secretary of State and mailing the application along with the $40 filing fee (as of 2010) to the Minnesota Secretary of State. Once the Secretary of State approves the application, the office sends the new notary a commission certificate. The certificate must be filed with the notary's county of residence, along with a $100 registration fee.

    Duties of a Notary Public

    • Minnesota notaries public are expected to follow the "three steps of signing" available in the Minnesota Notary Public Handbook. These steps include checking the ID of signers to ensure they are who they claim; making a journal entry or note with the date, time, item to be signed and whether the notary agreed to witness; and completing the notarial certification by stamping and signing the document after witnessing the signers affix their signatures.

    Fees

    • Minnesota law allows notaries to collect a fee for witnessing the signing of certain documents, including protests of payment and deeds. In most cases, this fee cannot exceed $1 per document.

    Renewing a Notary Public Commission

    • Minnesota notaries public serve for 5 years. A notary public commission may be renewed between December 1 and January 31, but must be renewed within 60 days of the commission's expiration date. At the time of renewal, a $40 fee must be paid to the Secretary of State and a $100 fee to the county in which the notary resides.

    Refusing to Notarize a Document

    • Minnesota law allows a notary public to refuse to notarize a document if a signer is not present; if a signer cannot be properly identified; if a signer appears not to understand the transaction; if a signer appears to be acting under coercion; if the document is dated later than the date of signature; or if the document is incomplete. The notary should note in his journal the date, time, type of document and the reason the notary refused to notarize the document.

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