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Article 1. Authentication and Record of Writings
§39-1-1. Power of Attorney May Be Recorded - A power of attorney may be admitted to record in...
§39-1-2. Conditions Under Which County Clerk Shall Admit Deeds, Contracts, etc., to Record - The clerk of the county court of any county in...
§39-1-2a. Other Requirements for Admission to Record of Certain Instruments - (a) In addition to the other requirements prescribed by law,...
§39-1-2b. Recordation of Certified Copies of Certain Instruments - Except as provided in this section, the clerk of the...
§39-1-3. Who May Take Acknowledgment - Upon the request of any person interested therein, such clerk...
§39-1-4. Form of Certificate of Acknowledgment - The certificate of acknowledgment mentioned in the preceding section may...
§39-1-4a. Acknowledgment of Persons in the Military Service of the United States of America - Upon the request of any person interested therein, the clerk...
§39-1-5. Acknowledgment by Husband and Wife - When a husband and wife have signed a writing purporting...
§39-1-6. Certificates as to Wives Living Separate and Apart to Be Prima Facie Evidence in Certain Cases - The certificate of acknowledgment heretofore taken of a married woman...
§39-1-7. False Certificate of Acknowledgment - If any person shall in any case wilfully make any...
§39-1-8. Form of Certificate of Acknowledgment by Attorney in Fact - When any writing has been executed by an attorney in...
§39-1-9. Acknowledgment by Corporations - The certificate of acknowledgment of a corporation may be in...
§39-1-10. When Certificate to Be Under Official Seal - If any acknowledgment be before a notary without this state,...
§39-1-10a. Verification by Written Statement Under Certain Conditions - Any certificate, return, form, statement, or other document which is...
§39-1-11. Recordation of Writings and Plats and Papers Annexed; Index; Interlineations; Filing Under Uniform Commercial Code - Every writing (except financing, continuation, and termination statements and other...
§39-1-11a. Photographic Recordation - It shall be as legal and effective in all respects...
§39-1-12. Special Recordation of Writing Not Acknowledged or Proved for Regular Recordation - If any writing which it is lawful for a clerk...
§39-1-13. Duty to Record Plat or Plan of Lots - When any tract or parcel of land within the limits...
§39-1-13a. Consolidation Order Book - The county court of any county may order the clerk...
§39-1-14. Notification to File Plat for Record - Upon notice from the clerk of the county court wherein...
§39-1-15. Failure to File Plat After Notification - If such owner, or owners, or his or their agent,...
§39-1-16. Approval by City Council or Commissioners Prerequisite to Laying Out Subdivision - In case a proposed subdivision of any lot or parcel...
§39-1-17. Duty to Provide Cornerstone Monuments; Acknowledgment or Proof Not Necessary to Recordation of Plat - It shall be the duty of the engineer in charge,...
Article 2. General Index and Preservation of Records
§39-2-1. Preparation of General Index - The county court of any county may order the clerk...
§39-2-2. Contents of General Indexes - In the appropriate general index in the office of the...
§39-2-3. Records of County Courts and Other Courts -- Binding or Transcribing - The county court of any county may order any of...
§39-2-4. Records of County Courts and Other Courts -- Binding or Transcribing -- Prerequisites; Effect - No such allowance shall be made for any transcript until...
§39-2-5. Records of County Courts and Other Courts -- Binding or Transcribing -- Removal From County - Any court authorized by section three of this article to...
§39-2-6. Records of County Commissions, Correction Recordation - Every clerk of a county commission shall establish a system...
Article 3. Reconstruction of Lost Records and Papers
§39-3-1. Admission to Record of Certified Copy When Original Writing Lost, Mislaid or Destroyed - If any writing be admitted to record in any county...
§39-3-2. Lost Records or Papers Recorded or Filed Anew - Where any book containing judgments, decrees, orders or proceedings of...
§39-3-3. Recordation of Certified Copies at Instance of County Court When Record Lost or Destroyed - Where any records have been or shall be lost or...
§39-3-4. Loss of Court Records; Reentries - Where any book containing judgments, decrees, orders or proceedings of...
§39-3-5. Loss of Original Papers in Any Cause or Appellate Court Record; Effect of Papers Supplied - If, in any cause, the original papers therein, or any...
§39-3-6. When Books or Papers Deemed Lost - Where any book or paper is obliterated, defaced or injured...
§39-3-7. Procedure to Prove Contents of Lost Papers or Records -- Generally - Any person desirous of proving the contents of any paper...
§39-3-8. Procedure to Prove Contents of Lost Papers or Records -- Right to Rehearing - Such court may, however, without notice or the appointment of...
§39-3-9. Taking Testimony as to Lost Records -- Action by County Clerk - Whenever the book or books in which are required to...
§39-3-10. Taking Testimony as to Lost Records -- Record - He shall provide a well-bound book at the expense of...
§39-3-11. Taking Testimony as to Lost Records -- Publication of Notice - Such clerk shall give notice, as hereinafter provided, of the...
§39-3-12. Taking Testimony as to Lost Records -- Subjects of Inquiry - On the day fixed by such notice, such clerk shall...
§39-3-13. Taking Testimony as to Lost Records -- Powers of Clerk; Death, etc., of Clerk - For the purpose of taking such testimony, such clerk shall...
§39-3-14. Taking Testimony as to Lost Records -- Fees Payable to Clerk and Witnesses - The person at whose instance such testimony is taken shall...
§39-3-15. Taking Testimony as to Lost Records -- Adjournments; Completion and Preservation of Testimony - Such clerk may adjourn the taking of such testimony from...
§39-3-16. Taking Testimony as to Lost Records -- Admissibility of Depositions or Copies - The depositions taken as aforesaid shall be admissible in all...
Article 4. Revised Uniform Law on Notarial Acts
§39-4-1. Short Title - This article may be cited as the Revised Uniform Law...
§39-4-2. Definitions - In this article: (1) "Acknowledgment" means a declaration by an...
§39-4-3. Applicability; Operative Date of Enactment; Effect on Existing Law - (a) This article applies to a notarial act performed on...
§39-4-4. Authority to Perform Notarial Act - (a) A notarial officer may perform a notarial act authorized...
§39-4-5. Requirements for Certain Notarial Acts - (a) A notarial officer who takes an acknowledgment of a...
§39-4-6. Personal Appearance Required - (a) If a notarial act relates to a statement made...
§39-4-6a. Remote Acknowledgements and Notarizations Under Covid-19 Executive Order Deemed Valid - Acknowledgements and notarizations performed by means of remote communication technology,...
§39-4-7. Identification of Individual - (a) A notarial officer has personal knowledge of the identity...
§39-4-8. Authority to Refuse to Perform Notarial Act - (a) A notarial officer may refuse to perform a notarial...
§39-4-9. Signature if Individual Is Unable to Sign - If an individual is physically unable to sign a record,...
§39-4-10. Notarial Act in This State - (a) A notarial act may be performed in this state...
§39-4-11. Notarial Act in Another State - (a) A notarial act performed in another state has the...
§39-4-12. Notarial Act Under Authority of Federally Recognized Indian Tribe - (a) A notarial act performed under the authority and in...
§39-4-13. Notarial Act Under Federal Authority - (a) A notarial act performed under federal law has the...
§39-4-14. Foreign Notarial Act - (a) In this section, "foreign state" means a government other...
§39-4-15. Certificate of Notarial Act - (a) A notarial act must be evidenced by a certificate....
§39-4-16. Short Form Certificates - The following short form certificates of notarial acts are sufficient...
§39-4-17. Official Stamp - The official stamp of a notary public must: (1) Include...
§39-4-18. Stamping Device - (a) A notary public is responsible for the security of...
§39-4-19. Notification Regarding Performance of Notarial Act on Electronic Record, Selection of Technology - (a) A notary public may select one or more tamper-evident...
§39-4-20. Commission as Notary Public; Qualifications; No Immunity or Benefit; Disposition of Fees - (a) An individual qualified under subsection (b) of this section...
§39-4-21. Grounds to Deny, Refuse to Renew, Revoke, Suspend, or Condition Commission of Notary Public - (a) The Secretary of State may deny, refuse to renew,...
§39-4-22. Database of Notaries Public - (a) The Secretary of State shall maintain an electronic database...
§39-4-23. Prohibited Acts - (a) A commission as a notary public does not authorize...
§39-4-24. Validity of Notarial Acts - Except as otherwise provided in subsection (b), section four of...
§39-4-25. Rules - (a) The Secretary of State may promulgate rules, in accordance...
§39-4-26. Notary Public Commission and Commissioner Appointment in Effect - (a) A commission as a notary public in effect on...
§39-4-27. Savings Clause - This article does not affect the validity or effect of...
§39-4-28. Uniformity of Application and Construction - In applying and construing this uniform act, consideration must be...
§39-4-29. Relation to Electronic Signatures in Global and National Commerce Act - This article modifies, limits, and supersedes the Electronic Signatures in...
§39-4-30. Maximum Fees - (a) The maximum fee in this state for notarization of...
§39-4-31. Government Notaries Public - (a) State and local government employees may be commissioned as...
§39-4-32. Liability of Notary and of an Employer of Notary - (a) A notary public is liable to the persons involved...
§39-4-33. Criminal Penalties - (a) A notary public who knowingly and willfully commits any...
§39-4-34. Action for Injunction; Unauthorized Practice of Law - Upon his or her own information or upon complaint of...
§39-4-35. Administrative Complaints and Investigations - (a) In addition to the powers and duties contained in...
§39-4-36. Secretary of State Record Retention - (a) The provisions of subsection (c), section three, article two,...
§39-4-37. Remote Online Notarial Act Performed for Remotely Located Individual - (a) In this section: (1) "Communication technology" means an electronic...
§39-4-38. Remote Ink Notarial Act Performed for Remotely Located Individual - (a) A document may be notarized for an individual who...
Article 4A. Out-of-State Commissioners
§39-4A-1. Commissioners Out of State; Qualifications; Application Fee - (a) The Secretary of State may appoint a qualified person...
§39-4A-2. Powers of Commissioners; Official Seals - (a) Upon approval of a successful application, commissioners shall hold...
§39-4A-3. Prohibited Acts - Commissioners shall refrain from the following prohibited activities: (1) Assisting...
§39-4A-4. Rulemaking - The Secretary of State may propose rules for legislative approval...
§39-4A-5. Incorporation of Revised Uniform Law on Notarial Acts; Online Database - (a) All requirements, duties, prohibitions, penalties, and procedures set forth...
Article 5. Electronic Signatures Authorization Act
§39-5-1. To 39-5-8 - Repealed. Acts, 2001 Reg. Sess., Ch. 120.
Article 6. Uniform Electronic Legal Material Act
§39-6-1. Short Title - This article may be cited as the Uniform Electronic Legal...
§39-6-2. Definitions - In this article: (1) “Electronic” means relating to technology having...
§39-6-3. Applicability - This article applies to all legal material in an electronic...
§39-6-4. Legal Material in Official Electronic Record - (a) If an official publisher publishes legal material only in...
§39-6-5. Authentication of Official Electronic Record - An official publisher of legal material in an electronic record...
§39-6-6. Effect of Authentication - (a) Legal material in an electronic record that is authenticated...
§39-6-7. Preservation and Security of Legal Material in Official Electronic Record - (a) An official publisher of legal material in an electronic...
§39-6-8. Public Access to Legal Material in Official Electronic Record - An official publisher of legal material in an electronic record...
§39-6-9. Standards - In implementing this article, an official publisher of legal material...
§39-6-10. Uniformity of Application and Construction - In applying and construing this uniform act, consideration must be...
§39-6-11. Relation to Electronic Signatures in Global and National Commerce Act - This article modifies, limits and supersedes the Electronic Signatures in...