Legislation
State: Colorado
Signed: March 23, 2004
Effective: July 01, 2004
Chapter: 55
SummaryColorado joins Massachusetts, Michigan and a growing number of other states in forbidding use of the terms “Notario” and “Notario Publico” in advertisements of notarial services.
AffectsAmends Colorado Revised Statutes 12-55-110.3 (3)(b) and 6-1-105.
Changes
- Prohibits a non-attorney Notary from: (a) Stating or implying that he or she is an attorney; (b) Soliciting or accepting compensation to prepare documents or representing a client in a judicial or administrative hearing, including hearings related to immigration matters; (c) Soliciting or accepting compensation to obtain relief on behalf of another person from any officer, agency, or employee of Colorado or the U.S. government; and (d) Advertising using the words “Notario” or “Notario Publico.”
- Provides that a willful violation of these provisions constitute: (a) A deceptive trade practice; and (b) Official misconduct as defined by C.R.S. 12-55-116. (Under C.R.S. 12-55-116 official misconduct is considered a class 2 misdemeanor.)
AnalysisThe amendments to C.R.S. 12-55-110(3)(b) sharpen the existing distinction between the ministerial Notary and attorney in a section of Colorado’s Notary laws prohibiting a non-attorney Notary from rendering services that constitute the unauthorized practice of law. Colorado joins Massachusetts, Michigan and a growing number of other states in forbidding use of the terms “Notario” and “Notario Publico” in advertisements of notarial services. Under existing law, C.R.S. 12-55-110.3(3)(a) prohibits non-attorneys from advertising or representing themselves as immigration consultants. The new law builds on this by prohibiting use of deceptive language to deliberately mislead the public.
Read Senate Bill 04-127.