Chapter 358 — Private Seals Abolished

358.01 Private Seals Abolished Personal seals are no longer needed on legal documents in Minnesota, but corporate seals can still be used. 358.02 This section has been repealed or renumbered and is no longer in effect. 358.028 Legislators, Official Stamps State legislators may get an official notarial stamp to use while in office and living in their district. 358.03 Form of Official Seals Official seals for courts and officers must include the state seal design and the name of the court or office. 358.04 Temporary Seal, When Used If a court does not yet have its official seal, the judge may allow a temporary seal or device to be used. 358.05 Oath of Office All public officials must take and sign the oath of office required by the Minnesota Constitution before starting work. 358.06 Trustees, Referees Court-appointed persons like trustees, guardians, and referees must take an oath before starting their duties. 358.07 Forms of Oath in Various Cases Sets out the exact words of oaths for grand jurors, trial jurors, witnesses, and court officers. 358.08 Affirmation in Lieu of Oath People with religious objections to swearing an oath may affirm instead, under penalty of perjury. 358.09 By Whom and How Administered Officers who can take acknowledgments may also give oaths, certifying them with a signature and stamp. 358.10 Officials May Administer, When Public officials, election workers, and others acting under state law may give oaths as part of their duties. 358.11 Oaths, Where Filed Oaths of office must be filed with the proper office, such as the secretary of state for state officers. 358.115 Unsworn Foreign Declarations A person outside the U.S. may sign an unsworn declaration under penalty of perjury instead of a sworn statement. 358.116 Court Documents Most court filings in Minnesota do not need to be notarized if signed with a perjury declaration. 358.12 This section has been repealed or renumbered and is no longer in effect. 358.13 This section has been repealed or renumbered and is no longer in effect. 358.14 Married Persons When spouses sign and acknowledge a document together, the certificate must show they are married to each other. 358.15 Ex Officio Notary Public Legislators, town clerks, county officials, and licensed peace officers can act as notaries without a separate … 358.16 This section has been repealed or renumbered and is no longer in effect. 358.17 This section has been repealed or renumbered and is no longer in effect. 358.18 This section has been repealed or renumbered and is no longer in effect. 358.19 This section has been repealed or renumbered and is no longer in effect. 358.20 This section has been repealed or renumbered and is no longer in effect. 358.21 This section has been repealed or renumbered and is no longer in effect. 358.22 This section has been repealed or renumbered and is no longer in effect. 358.23 This section has been repealed or renumbered and is no longer in effect. 358.24 This section has been repealed or renumbered and is no longer in effect. 358.25 Power Given for Taking Acknowledgments for Protesting Bills of Exchange A notary or other authorized person who works for a corporation may still notarize that corporation's documents. 358.26 This section has been repealed or renumbered and is no longer in effect. 358.27 This section has been repealed or renumbered and is no longer in effect. 358.271 This section has been repealed or renumbered and is no longer in effect. 358.28 This section has been repealed or renumbered and is no longer in effect. 358.29 This section has been repealed or renumbered and is no longer in effect. 358.30 This section has been repealed or renumbered and is no longer in effect. 358.31 This section has been repealed or renumbered and is no longer in effect. 358.32 This section has been repealed or renumbered and is no longer in effect. 358.33 This section has been repealed or renumbered and is no longer in effect. 358.34 This section has been repealed or renumbered and is no longer in effect. 358.35 This section has been repealed or renumbered and is no longer in effect. 358.36 This section has been repealed or renumbered and is no longer in effect. 358.37 This section has been repealed or renumbered and is no longer in effect. 358.38 This section has been repealed or renumbered and is no longer in effect. 358.39 This section has been repealed or renumbered and is no longer in effect. 358.40 This section has been repealed or renumbered and is no longer in effect. 358.41 This section has been repealed or renumbered and is no longer in effect. 358.42 This section has been repealed or renumbered and is no longer in effect. 358.43 This section has been repealed or renumbered and is no longer in effect. 358.44 This section has been repealed or renumbered and is no longer in effect. 358.45 This section has been repealed or renumbered and is no longer in effect. 358.46 This section has been repealed or renumbered and is no longer in effect. 358.47 This section has been repealed or renumbered and is no longer in effect. 358.48 This section has been repealed or renumbered and is no longer in effect. 358.49 This section has been repealed or renumbered and is no longer in effect. 358.50 Effect of Acknowledgment A properly certified acknowledgment is evidence that a document was signed with the right authority. 358.51 Short Title Sections 358.51 to 358.76 are called the Revised Uniform Law on Notarial Acts. 358.52 Definitions Defines key terms used in Minnesota's notary law, including acknowledgment, notarial act, and electronic. 358.53 Applicability Minnesota's Revised Uniform Law on Notarial Acts applies to notarial acts done on or after January 1, 2019. 358.54 Authority to Perform Notarial Act A notary may perform notarial acts allowed by law but cannot notarize a document involving themselves or their spouse. 358.55 Requirements for Certain Notarial Acts A notary must confirm the identity and signature of the person when taking acknowledgments or verifications. 358.56 Personal Appearance Required The person signing or making a statement must appear in person before the notary, unless done by remote online … 358.57 Identification of Individual A notary must identify a person either through personal knowledge or a valid government-issued photo ID. 358.58 Authority to Refuse to Perform Notarial Act A notary may refuse to notarize if the signer appears incompetent or is not signing voluntarily. 358.59 Signature if Individual Unable to Sign If a person cannot physically sign, their signature may be obtained using the method in section 645.44. 358.60 Notarial Act in This State Notarial acts in Minnesota may be performed by a notary public, a judge, or a court clerk. 358.61 Notarial Act in Another State A notarial act done in another U.S. state is valid in Minnesota if performed by an authorized person in that state. 358.62 Notarial Act Under Authority of Federally Recognized Tribe A notarial act performed under the authority of a federally recognized tribe is valid in Minnesota. 358.63 Notarial Act Under Federal Authority A notarial act done under federal law, including by military personnel, is valid in Minnesota. 358.64 Foreign Notarial Act A notarial act performed in a foreign country is valid in Minnesota if done by an authorized official there. 358.645 Remote Online Notary Public Allows notaries to perform notarial acts remotely using audio-video technology with identity verification. 358.646 Recording Electronic Documents in Tangible Form A paper copy of an electronic document can be recorded if a notary certifies it is a true copy of the original. 358.65 Certificate of Notarial Act Every notarial act must have a certificate signed and dated by the notary, with jurisdiction and commission info. 358.66 Short Form Certificates Provides short form certificate templates for acknowledgments, verifications, and witnessing signatures. 358.67 Official Stamp A notary's official stamp must meet the requirements of section 359.03 and be reproducible when copied. 358.68 Stamping Device Security A notary must keep the stamping device secure and never let anyone else use it for notarial acts. 358.69 Performance of Notarial Act on Electronic Record A notary may choose tamper-evident technology to notarize electronic records and must notify the state. 358.70 Grounds to Deny, Refuse to Renew, Revoke, Suspend, or Condition Commission of Notary Public The commissioner of commerce can deny, suspend, or revoke a notary commission for dishonesty or misconduct. 358.71 Database of Notaries Public The secretary of state must maintain an online database where anyone can verify a notary's authority. 358.72 Prohibited Acts A notary cannot give legal advice, draft legal documents, act as an immigration consultant, or charge for those … 358.73 Validity of Notarial Acts A notary's failure to follow all technical rules does not automatically make the notarial act invalid. 358.74 Notary Public Commission in Effect Notary commissions in effect on January 1, 2019, continued until expiration under the new law. 358.75 Savings Clause Notarial acts performed before January 1, 2019, remain valid under the law in effect at that time. 358.76 Relation to Electronic Signatures in Global and National Commerce Act Minnesota's notary law overrides parts of the federal E-Sign Act but preserves consumer notice protections.