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MN House File 4772

Legislation

State: Minnesota
Signed: May 17, 2024

Effective: August 01, 2024
Chapter: 112

Summary

House File 4772 makes clarifications regarding registration to perform notarial acts on electronic records and grandfathers the official stamps of Notaries Public.

Affects

Amends Sections 358.645, 358.71, 359.01, and 359.03 of the Minnesota Statutes.

Changes
  1. Clarifies that unless terminated for any reason, the term of registration of a Notary Public to perform electronic notarial acts begins on the registration starting date set by the Secretary of State and continues as long as the Notary has a valid commission to perform notarial acts.
  2. Clarifies that the database of Notaries Public that the Secretary of State is required to maintain must be able for the public to verify that a Notary Public has authority to perform notarial acts on electronic records.
  3. Clarifies that a notarial stamp which contained the required elements, dimensions, and border of an official stamp under MS 359.03 Subd. 3(a) at the time of issuance may continue to be used during the remainder of the Notary’s current term even if changes to any of these requirements subsequently become effective.
  4. Provides that the notarial stamp grandfather clause is effective retroactively from January 1, 2024.
  5. Strikes a pointer reference citing MS 359.01 Subd. 5 (which refers to notarial acts on electronic records) in MS 358.645 Subd. (2)(b).
  6. Makes stylistic changes.
Analysis

On May 11, 2024, the state of Minnesota changed its State Seal. One of the informational elements required to be in a Notary Public’s official stamp is the State Seal. House File 4772 adds an important clause grandfathering the seals of Notaries Public with existing commissions retroactive to January 1, 2024. This ensures that notarial acts performed with seals containing the old State Seal will not be denied legal effect and prevents Notaries with existing commissions from having to replace their official stamps with a new one until they are granted a renewal Notary Public commission.

Read House File 4772.

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