5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 1 CHAPTER 33 NOTARIES PUBLIC SOURCE: Entire Chapter enacted by P.L. 21-106:2 (May 29, 1 992). Article 1. Implementation. Article 2. Commissioning. Article 3. Powers and Limitations. Article 4. Journal and Seal. Article 5. Certificates. Article 6. Liability and Remedies. Article 7. Miscellaneous. Article 8. Authentication. Article 9. Officers in the Armed Forces. Article 10. Remote Online Notarization. Article 11. Electronic Recording Authorization. ARTICLE 1 IMPLEMENTATION § 33101. Short Title. § 33102. Purposes. § 33103. Prospective Effect. § 33103.1. Non application to Court Reports and Oth er Court Officers. § 33104. Definitions. § 33105. Effective Date. § 33106. Notary Public Revolving Fund. § 33101. Short Title. This Chapter shall be known and may be cited as the Model Notary Law . COMMENT: This Chapter is basically the Model Notary Law as promulgated by the National Notaries Association. T he Guam Legislature has made various amendments to conform to local adm inistrative needs and organization. § 33102. Purposes. This Chapter shall be construed and applied to adva nce its underlying purposes, which are: COL5/19/20215 GCA amendments to conform to local adm inistrative needs and organization. § 33102. Purposes. This Chapter shall be construed and applied to adva nce its underlying purposes, which are: COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 2 (a) To promote, serve, and protect the public inte rest; (b) To clarify and modernize the law governing notaries; and (c) To make uniform notarial laws among the jurisdictions enacting it. 2015 NOTE: Subsection designations were altered to reflect t he Compiler’s alpha-numeric scheme pursuant to 1 GCA § 1606. § 33103. Prospective Effect. The existing bond, seal, length of commission term, and liability of current notaries commissioned before t his Chapter’s effective date may not be invalidated, modified, or terminated by this Chapter, but those notaries shall comply with this Chapter in performing notarizations and in applying for new co mmissions. § 33103.1. Non-application to Court Reporters and O ther Court Officers. None of the provisions of this Chapter applies to a ny certification by official court reporters of transc ripts of trials or other Court proceedings, or to the authentication o f Court documents by other ministerial sions of this Chapter applies to a ny certification by official court reporters of transc ripts of trials or other Court proceedings, or to the authentication o f Court documents by other ministerial officers of the Cour t pursuant to statute or Court rule. SOURCE: Added by P.L. 24-130:1 (Feb. 16, 1998). § 33104. Definitions. As used in this Chapter: (a) Acknowledgment means a notarial act in which a notary certifies that a signer, whose identity is p roven on the basis of satisfactory evidence, has admitted, in th e notary’s presence, having signed a document voluntarily for its stated purpose. (b) Commission means to empower to perform notarial acts and the written authority to perform those act s. (c) Copy certification means a notarial act in which a notary certifies having made a photocopy of a docum ent that is neither a public record nor publicly record able. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 3 (d) A crime involving moral turpitude includes any felony committed in Guam or any crime committed out side Guam that would be a felony under Guam law, any cri me involving personal injury, and any crime involving a breach of official duty if done ny felony committed in Guam or any crime committed out side Guam that would be a felony under Guam law, any cri me involving personal injury, and any crime involving a breach of official duty if done willfully. (e) Fund means the Notary Public Revolving Fund as set forth in this Chapter. (f) Jurat means a notarial act in which a notary certifies that a signer, whose identity is proven o n the basis of satisfactory evidence, has made, in the notary’s presence, a voluntary signature and taken an oath or affirmat ion vouching for the truthfulness of the signed documen t. (g) Notarial act and notarization mean any act that a notary is empowered to perform under Section 33301 of this Chapter. (h) Notarial certificate and certificate mean that part of or attachment to a notarized document for completio n by the notary and bearing the notary’s signature and s eal. (i) Notary Public and notary mean any person commissioned to perform notarial acts under this Ch apter. (j) Oath and affirmation mean a notarial act or part thereof in which a notary certifies that a person m ade a vow in the presence of the notary on penalty of perjury , with reference made to a Supreme Being for an oath. ion mean a notarial act or part thereof in which a notary certifies that a person m ade a vow in the presence of the notary on penalty of perjury , with reference made to a Supreme Being for an oath. (k) Official misconduct means: (1) a notary’s performance of or failure to perform any act prohibited or mandated, respectively, by th is Chapter or by any other law in connection with a notarization; or (2) a notary’s performance of a notarial act in a manner found by the Attorney General to be negligen t or against the public interest. (l) Personal knowledge of identity means familiarity with an individual resulting from contact with that individual over a period of time sufficient to elim inate every COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 4 reasonable doubt that the individual has the identi ty claimed. (m) Satisfactory evidence of identity means identifica- tion of an individual based on: (1) any current passport or (2) an official identification issued by a federal or state government with the individual’s photograph a nd signature or (3) personal knowledge of identity. ual based on: (1) any current passport or (2) an official identification issued by a federal or state government with the individual’s photograph a nd signature or (3) personal knowledge of identity. (n) State includes any state of the United States, any United States territory, possession, or commonwealt h, and the District of Columbia. SOURCE: Added by P.L. 21-106:2 (May 29, 1992), amended by P.L. 23-081:2 (Mar. 12, 1996). 2015 NOTE: Subsection designations in (k) and (m) were alter ed to reflect the Compiler’s alpha-numeric scheme pursuan t to 1 GCA § 1606. § 33105. Effective Date. This Chapter shall take effect ninety (90) days fol lowing its enactment into law. Any notary public who is commis sioned prior to the effective date of this Chapter shall c ontinue to exercise the duties and responsibilities until his or her commission expires. Subsequent application for anot her commission shall be made in compliance with the pro visions of this Chapter. § 33106. Notary Public Revolving Fund. Notwithstanding any law to the contrary , there is established a fund to be known as the 'Notary Publi c Revolving Fund' (the Fund), which shall be maintained separate and apart from other ving Fund. Notwithstanding any law to the contrary , there is established a fund to be known as the 'Notary Publi c Revolving Fund' (the Fund), which shall be maintained separate and apart from other funds of the government of Guam. All fun ds generated from fees under this Chapter for applicat ion, authentication, copying, and any other government f ee required by this Chapter shall be deposited into the Fund. The Fund shall be used by the Office of the Attorney General for t he purpose of the administration of the notary program, including personnel costs for training, notary educational programs, co nferences and COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 5 any administrative and equipment costs, subject to appropriation by I Liheslaturan Guåhan . SOURCE: Added by P.L. 23-081:3 (Mar. 12, 1996), repealed a nd added by P.L. 30-059:2 (Nov. 25, 2009). ---------- ARTICLE 2 COMMISSIONING PART 1 - COMMISSION , QUALIFICATIONS , TERM § 33201. Commissioning. § 33202. Jurisdiction and Term. § 33202.1. Extended Jurisdiction Authorized. § 33203. Bond. § 33204. Recommissioning. § 33201. Commissioning. OMMISSION , QUALIFICATIONS , TERM § 33201. Commissioning. § 33202. Jurisdiction and Term. § 33202.1. Extended Jurisdiction Authorized. § 33203. Bond. § 33204. Recommissioning. § 33201. Commissioning. (a) Except as provided in subsection (c), the Attor ney General shall commission as a notary any qualified person who submits an application in accordance with this Chap ter. (b) A person qualified for a notarial commission mu st: (1) Be at least eighteen (18) years of age; (2) Reside on Guam; (3) Read and write English; (4) Be a citizen of the United States; (5) Pass a written examination as required under § 33212 of this Chapter; (6) Submit an application containing no significant misstatement or omission of fact. (c) The Attorney General may deny an application ba sed on: (1) The applicant’s conviction of a crime involving dishonesty or moral turpitude; COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 6 (2) Revocation, suspension, or restriction of a not arial commission or professional license issued to the ap plicant by this territory or any other state; or (3) The applicant’s official misconduct as defined in § 33104 of this Chapter whether or not disciplinary a n or professional license issued to the ap plicant by this territory or any other state; or (3) The applicant’s official misconduct as defined in § 33104 of this Chapter whether or not disciplinary a ction resulted. § 33202. Jurisdiction and Term. A person commissioned as a notary by the Attorney G eneral may perform notarial acts in Guam for a term of fou r (4) years, unless the notary’s commission is revoked under § 3 3510 or the notary has resigned under § 33552 of this Chapter. § 33202.1. Extended Jurisdiction Authorized. (a) As authorized by the Attorney General of Guam, a Guam commissioned notary public residing on Guam sh all be authorized to perform notarial acts in foreign coun tries for Guam residents or individuals requiring a document to be notarized for and recorded in Guam in a manner strictly compliant with this Chapter. The accomplishment of all requisite notari al journal entries and the compilation of all other mandatory records shall be adhered to, and the journal and all requisite re cords pertaining to the notarial act shall subsequently be maintaine d on Guam as provided pursuant to this Chapter. other mandatory records shall be adhered to, and the journal and all requisite re cords pertaining to the notarial act shall subsequently be maintaine d on Guam as provided pursuant to this Chapter. (b) The only documents authorized to be notarized i n a foreign country shall be limited to those relating to real estate transactions, and must be recorded at the Guam Depa rtment of Land Management or any other government agency as m ay be required. SOURCE: Added by P.L. 33-101:2 (Dec. 1, 2015. 2015 NOTE: Subsection designation added and altered to adhere to the Compiler’s alpha-numeric scheme pursuant to the aut hority of 1 GCA § 1606. § 33203. Bond. No notarial commission may be issued unless the not ary has produced, as part of the application, evidence that , upon commissioning, a bond is in force in the sum of One Thousand COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 7 Dollars ($1,000). The bond must be executed by a li censed surety for the whole term of the notary’s commissio n, terminating on its expiration date, with payment of the bond’s principal to any person conditioned upon the notary ’s misconduct as defined in Section 33104 of this Chap ter. he notary’s commissio n, terminating on its expiration date, with payment of the bond’s principal to any person conditioned upon the notary ’s misconduct as defined in Section 33104 of this Chap ter. The bond shall not be canceled, revoked or modified wit hout the express written authorization of the Attorney Gener al, which shall be given only in extraordinary circumstances. SOURCE: Added by P.L. 21-106:2 (May 29, 1992), amended by P.L. 23-081:4 (Mar. 12, 1996). § 33204. Recommissioning. An applicant for recommissioning as a notary shall submit a new application and comply anew with the provisions of this Article 2. PART 2 – APPLICATION § 33210. Application. § 33211. Statement of Personal Qualifications. § 33212. Examination. § 33213. Notarized Declaration. § 33214. Fees. § 33215. Confidentiality. § 33220. Government employees. § 33210. Application. Every application for a notarial commission must be made on forms provided by the Attorney General and inclu de, at least: (a) A statement of the applicant’s personal qualifications; (b )When required, an examination written by the applicant; (c) A notarized declaration by the applicant; (d) An application fee; and (e) Evidence of the t of the applicant’s personal qualifications; (b )When required, an examination written by the applicant; (c) A notarized declaration by the applicant; (d) An application fee; and (e) Evidence of the bond required by 33203 of this Chapter. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 8 2015 NOTE: Subsection designations were altered to reflect t he Compiler’s alpha-numeric scheme pursuant to 1 GCA § 1606. § 33211. Statement of Personal Qualifications. The application must show: (a) The applicant’s age; (b) The applicant’s residence and business address in Guam; (c) That the applicant can read and write English; (d) All criminal convictions of the applicant, incl uding any pleas of guilty and nolo contendere or no conte st; and (e) All issuances, denials, revocations, suspension s, restrictions and resignations of a notarial commiss ion or other professional license involving the applicant in Guam or in any state. SOURCE: Added by P.L. 21-106:2 (May 29, 1992), amended by P.L. 23-081:5 (Mar. 12, 1996). 2015 NOTE: Subsection designations were altered to reflect t he Compiler’s alpha-numeric scheme pursuant to 1 GCA § 1606. § 33212. Examination. ay 29, 1992), amended by P.L. 23-081:5 (Mar. 12, 1996). 2015 NOTE: Subsection designations were altered to reflect t he Compiler’s alpha-numeric scheme pursuant to 1 GCA § 1606. § 33212. Examination. (a) Every first-time applicant shall be required to pass a written examination that tests the applicant’s know ledge of notarial laws and procedures and is based on materi als distributed by the Attorney General with the applic ation forms. (b) The Attorney General shall give public notice o f the examination requirement by publication in a newspap er of general circulation at least ninety (90) days in ad vance of the time at which examinations will first be given. (c) Persons authorized to administer oaths by any o ther law of Guam, and attorneys licensed to practice in Guam , shall not be required to take an examination. § 33213. Notarized Declaration. Every applicant for a notarial commission shall sig n the following declaration in the presence of a notary: COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 9 'Declaration of Applicant I, ____________ (name of applicant), solemnly swear (or affirm) under penalty of perjury that the personal information in this GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 9 'Declaration of Applicant I, ____________ (name of applicant), solemnly swear (or affirm) under penalty of perjury that the personal information in this application is true, complete, and correct; that I have read carefully t he materials describing the duties of a notary in Guam ; and that I will perform, to the best of my ability all notarial acts in accordance with law. ____________________ (signature of applicant)' (Notarial certificate as specified in § 33452 of th is Chapter.) § 33214. Fees. Every applicant for a notarial commission, except f or applicants who are government employees, shall pay to the Treasurer of Guam a non-refundable fee of One Hundr ed Dollars ($100). All fees shall be deposited into the Notary Public Revolving Fund and used according to § 33106 of thi s Chapter. SOURCE: Added by P.L. 21-106:2 (May 29, 1992), amended by P.L. 23-081:6 (Mar. 12, 1996), repealed and added by P.L . 30-059:3 (Nov. 25, 2009). § 33215. Confidentiality. Disciplinary information in an applicant’s or notar y’s Statement of Personal Qualifications under paragrap hs (d) and (e) of § 33211 of this Chapter must be used by the Attorney 15. Confidentiality. Disciplinary information in an applicant’s or notar y’s Statement of Personal Qualifications under paragrap hs (d) and (e) of § 33211 of this Chapter must be used by the Attorney General and designated territorial employees for th e sole purpose of performing official duties under this Chapter an d may not be disclosed to any person other than: (a) The applicant; (b) The applicant’s authorized representative or su rety; (c) A representative of federal, territorial, state , municipal or city government acting in an official capacity; or (d) A person specified by court order. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 10 2015 NOTE: Subsection designations were altered to reflect t he Compiler’s alpha-numeric scheme, and references to § 33211 were altered to reflect the current codification, pursua nt to 1 GCA § 1606. PART 3 - GOVERNMENT EMPLOYEES § 33220. Government Employees. § 33220. Government Employees. (a) The Attorney General may commission any number of government employees to act as notaries, but notari es so empowered may perform notarial acts only during the ir hours of employment with their respective government agencie s. mmission any number of government employees to act as notaries, but notari es so empowered may perform notarial acts only during the ir hours of employment with their respective government agencie s. Such acts include the notarization for members of the pu blic or for fellow employees, of any forms or statements which any government agency requires before transmittal from or submission to such agency, or any other notarial ac t; provided, however, that such government employees may charge no fees for notarial services. (b) Notaries empowered under this section may perfo rm notarial acts in any part of Guam for a term of fou r (4) years, and shall seek recommissioning by the Attorney General for each subsequent term. (c) Except as provided in this section, an applican t for a notarial commission under this section must meet th e requirements in Sections 33210 through 33215 of thi s Chapter. The application shall include a written declaration signed by the applicant’s department or agency head stating that the commissioning is in the public interest. The fee im posed in Section 33214 of this Chapter is waived for employe es of the government of Guam. e applicant’s department or agency head stating that the commissioning is in the public interest. The fee im posed in Section 33214 of this Chapter is waived for employe es of the government of Guam. (d) The premium on the bond and costs of all notari al supplies for a notary empowered under this section shall be paid from funds of the notary’s government agency. (e) No fees may be charged for notarial services pe rformed by a notary empowered under this section. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 11 (f) Upon leaving their employment with the governme nt of Guam, notaries empowered under this section shall r esign their commissions immediately and dispose of their journa ls and seals as provided in Sections 33553 and 33554 of this Cha pter. (g) Unless otherwise specified in this section, a n otary empowered under this section shall comply with all provisions of this Chapter. SOURCE: Added by P.L. 21-106:2 (May 29, 1992), repealed an d added by P.L. 21-136:31 (Sept. 29, 1992, and amended by P.L. 23-081:7 (Mar. 12, 196). ---------- ARTICLE 3 POWERS AND LIMITATIONS PART 1 - POWERS § 33301. Powers. § 33302. Disqualifications. § 33303. Impartiality. § 33304. (Sept. 29, 1992, and amended by P.L. 23-081:7 (Mar. 12, 196). ---------- ARTICLE 3 POWERS AND LIMITATIONS PART 1 - POWERS § 33301. Powers. § 33302. Disqualifications. § 33303. Impartiality. § 33304. False Certificate. § 33305. Testimonials. § 33306. Unauthorized Practice of Law. § 33301. Powers. A notary is empowered to perform the following nota rial acts: (a) Acknowledgments; (b) Oaths and affirmations; (c) Jurats; and (d) Copy certifications. 2015 NOTE: Subsection designations were altered to reflect t he Compiler’s alpha-numeric scheme pursuant to 1 GCA § 1606. § 33302. Disqualifications. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 12 A notary is disqualified from performing notarial a cts if the notary: (a) Is a signer of or named in the document that is to be notarized; (b) Will receive directly from a transaction connected with the notarial act any commission, fee (except for attorneys), advantage, right, title, interest, cash, property, or other consideration exceeding in value the fees specified in § 33310 of this Chapter; or (c) Is related to the person whose signature is to be notarized as a spouse, sibling, or lineal ascendant or descendant as eration exceeding in value the fees specified in § 33310 of this Chapter; or (c) Is related to the person whose signature is to be notarized as a spouse, sibling, or lineal ascendant or descendant as defined in 15 GCA § 809 of the Estate s & Probate Code of Guam. SOURCE: Added by P.L. 21-106:2 (May 29, 1992), and amended by P.L. 23-081:8 (Mar. 12, 1996). 2015 NOTE: Subsection designations were altered to reflect t he Compiler’s alpha-numeric scheme pursuant to 1 GCA § 1606. § 33303. Impartiality. (a) A notary may not influence a person to enter in to or not to enter into a lawful transaction involving a nota rial act by the notary. (b) A notary shall perform notarial acts in lawful transactions for any requesting person who tenders the appropriate fee specified in § 33310 of this Chapte r. § 33304. False Certificate. A notary may not execute a certificate containing a statement known by the notary to be false or perfor m any official action with intent to deceive or defraud. § 33305. Testimonials. A notary may not endorse or promote any product, se rvice, contest, or other offering if the notary’s title or seal is used in the endorsement or promotional statement. § 33306. 33305. Testimonials. A notary may not endorse or promote any product, se rvice, contest, or other offering if the notary’s title or seal is used in the endorsement or promotional statement. § 33306. Unauthorized Practice of Law. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 13 (a) A non-attorney notary may complete but may not select notarial certificates, and may not assist another p erson in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act. (b) This section does not preclude a notary who is duly qualified in a particular profession from giving ad vice relating to matters in that professional field. (c) A notary shall not make representations to have powers, qualifications, rights or privileges that the offic e of notary does not have, including the providing of legal advice u nless the notary is also a licensed attorney. (d) A non-attorney notary who advertises notarial s ervices in any language shall include in the advertisement, notice, or sign the following statement, prominently displayed in the same language: 'I am not an attorney and have no authority to give advice on any legal matters'. ll include in the advertisement, notice, or sign the following statement, prominently displayed in the same language: 'I am not an attorney and have no authority to give advice on any legal matters'. PART 2 – FEES § 33310. Fees. § 33311. Notice of Fees. § 33310. Fees. (a) Subject to the provisions contained in this sec tion, every Notary Public may demand and receive the following fees: (1) For taking acknowledgment or proof of a deed or other instrument, to include the seal and writing o f the certificate, for the first two (2) signatures, Ten Dollars ($10) each; and for each additional signature, Eight Doll ars ($8); (2) For administering an oath or affirmation, Ten Dollars ($10); (3) For every certificate of a certified true copy, and the seal, Ten Dollars ($10). COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 14 Provided, however, that in no event may a Notary Pu blic who is an employee of the government of Guam demand or receive any fee or compensation of any kind for per forming any duty of a Notary Public during normal hours of work in his or her employment by the government. yee of the government of Guam demand or receive any fee or compensation of any kind for per forming any duty of a Notary Public during normal hours of work in his or her employment by the government. (b) A notary may charge a reasonable travel fee whe n traveling to perform a notarial act if: (1) The notary explains to the person requesting th e notarial act that the travel fee is separate from t he notarial fee in subsection (a) and is neither specified nor mandated in law; and (2) The notary and the person requesting the notari al act agree upon the travel fee in advance. (c) The Attorney General shall annually review the fees set out in subsection (a) of this section, and, after s uch review, if the Attorney General determines that such fees should b e altered, the Attorney General may do so in the manner and under the procedures set out in the Administrative Adjudicati on Law. SOURCE: Added by P.L. 21-106:2 (May 29, 1992), and amended by P.L. 23-081:9 (Mar. 12, 1996). § 33311. Notice of Fees. Notaries shall display an English language schedule of fees for notarial acts, as specified in 33310(a) of this Chapter. 1992), and amended by P.L. 23-081:9 (Mar. 12, 1996). § 33311. Notice of Fees. Notaries shall display an English language schedule of fees for notarial acts, as specified in 33310(a) of this Chapter. No part of any displayed notarial fee schedule may be print ed in smaller than 10-point type. ---------- ARTICLE 4 JOURNAL AND SEAL PART 1 – JOURNAL § 33401. Journal. § 33402. Entries in Journal. § 33403. Signature in Journal. § 33404. Inspection, Copying and Disposal of Journa l. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 15 § 33401. Journal. A notary shall keep, maintain, protect as a public record, and provide for lawful inspection a chronological, permanently bound, official journal of notarial acts, containin g numbered pages. § 33402. Entries in Journal. (a) For every notarial act, the notary shall record in the journal before the time of notarization at least th e following: (1) The date and time of day of the notarial act; (2) The type of notarial act; (3) A description of the document or proceeding; (4) The signature and printed name and address of e ach person for whom a notarial act is performed; (5) The evidence of identity of each person for who m a description of the document or proceeding; (4) The signature and printed name and address of e ach person for whom a notarial act is performed; (5) The evidence of identity of each person for who m a notarial act is performed, in the form of a descrip tion of the identification document, its issuing agency, its se rial or identification number, and the date of its issuance if expired, or a statement by the notary that he or sh e has personal knowledge of identity of the person; (6) The fee, if any, charged for the notarial act; and (7) The address where the notarization was performe d if not the notary’s business address. (b) A notary shall retain as an official record a d uplicate photocopy of each certified copy. (c) If refusing to perform or complete a notarial a ct, the notary shall record in the journal the reasons othe r than lack of proof of identification. SOURCE: Amended by P.L. 23-81:10. § 33403. Signature in Journal. At the time of notarization, the notary’s journal m ust be signed, as applicable, by: COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 16 (1) The person for whom a notarial act is performed ; and (2) The two (2) witnesses to a signature by t be signed, as applicable, by: COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 16 (1) The person for whom a notarial act is performed ; and (2) The two (2) witnesses to a signature by mark of a document that is notarized. § 33404. Inspection, Copying and Disposal of Journa l. (a) Except as otherwise provided in subsection (e) of this section, and notwithstanding 5 GCA, Chapter 10 or a ny other law, a journal of notarial acts is an official publ ic record that may be inspected only in the notary’s presence by a n individual whose identity is personally known to the notary or proven on the basis of satisfactory evidence, who specifies t he notarial act sought, and who signs the notary’s journal. (b) Upon request in compliance with subsection (a) of this section, the notary shall provide a photocopy of an entry in the journal at a cost of not more then Five Dollars ($5 ) per photocopy. If a certified photocopy is requested, t he cost is as specified in Section 33310 of this Chapter. (c) A notary shall safeguard the journal and other notarial records as valuable public documents and never dest roy them, except at the direction of the Attorney General. ction 33310 of this Chapter. (c) A notary shall safeguard the journal and other notarial records as valuable public documents and never dest roy them, except at the direction of the Attorney General. (d) The journal must be kept in the exclusive custo dy of the notary, and may not be used by any other notary or surrendered to an employer upon termination of employment. (e) Upon the request of the Attorney General or upo n resignation, revocation, or expiration of a notaria l commission, or death of the notary, whichever comes first, the notarial journal shall be delivered by personal service, certified m ail or other means providing a receipt to the Attorney General’s office. SOURCE: Amended by P.L. 23-81:11. PART 2 - SIGNATURE AND SEAL § 33410. Official Signature. § 33411. Official Seal. § 33412. Seal Impression. § 33413. Obtaining a Seal. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 17 § 33410. Official Signature. In completing a notarial act, a notary shall sign o n the notarial certificate exactly and only the name indi cated on the notary’s commission. § 33411. Official Seal. 17 § 33410. Official Signature. In completing a notarial act, a notary shall sign o n the notarial certificate exactly and only the name indi cated on the notary’s commission. § 33411. Official Seal. (a) A notary shall keep an official notarial seal t hat is the exclusive property of the notary and that may not b e used by any other person or surrendered to an employer upon ter mination of employment. (b) Upon resignation, revocation, or expiration of a notarial commission, or death of the notary, any seal having the expiration date of the commission on it must be des troyed in accordance with Article 7 of this Chapter. A new se al must be obtained, under § 33413 of this Chapter, for any ne w commission. The notary need not destroy the embossi ng seal, if any, nor obtain a new embossing seal, if there is n ot time lapse between the expiration of one commission and the gr anting of another commission. § 33412. Notarial Seals. (a) Near the notary’s official signature on a notar ial certificate, the notary shall affix in black ink a sharp, legible, and photographically reproducible inked stamp impressio n of the notarial seal that must include the following eleme nts: (1) The al certificate, the notary shall affix in black ink a sharp, legible, and photographically reproducible inked stamp impressio n of the notarial seal that must include the following eleme nts: (1) The notary’s name exactly as is indicated on th e commission; (2) The words 'Notary Public, in and for the Territ ory of Guam, U.S.A.' and 'My commission expires (commission expiration date)'; (3) The address of the notary’s business or residen ce; and (4) A rectangular border surrounding the required words. (b) Illegible information within an inked stamp imp ression of the notarial seal may be typed or printed legibl y by the notary COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 18 adjacent to but not within the impression. The comm ission expiration date must be an integral part of the ink ed stamp notarial seal and may not be inserted into the impr ession. (c) An embossed seal impression that may be photographically reproducible and which shall conta in the words 'Notary Public in and for the Territory of Guam, US A,' and the notary’s name exactly as indicated on the commissio n shall be used in addition to but not in lieu of the seal des cribed in subsection (a). ry Public in and for the Territory of Guam, US A,' and the notary’s name exactly as indicated on the commissio n shall be used in addition to but not in lieu of the seal des cribed in subsection (a). SOURCE: Added by P.L. 21-106:2 (May 29, 1992), and amended by P.L. 23-081:12 (Mar. 12, 1996). § 33413. Obtaining a Seal. (a) A vendor may not provide a notary seal, either inking or embossing, to a person claiming to be a notary, unl ess the person presents the following documents, which the vendor must retain for a period of three (3) years: A photocopy of the person’s notarial commission, attached to a notarized declar ation substantially as follows: 'Application for Notary Seal I, ________________ (name of person requesting the seal), declare that I am a Notary Public duly commissioned by the Territory of Guam, with a commission starting date of ________, a commission expiration date of ___________________, and a commission number of _____________. As evidence, I attach to this paper a photocopy of my commission. ________________________ (signature of person requesting the seal)' (b) A notary applying for a seal as a result of a n ame change shall present a copy of the Confirmation photocopy of my commission. ________________________ (signature of person requesting the seal)' (b) A notary applying for a seal as a result of a n ame change shall present a copy of the Confirmation of Notary’ s Name Change from the Attorney General in place of the Ap plication for a Notary Seal. (c) A vendor who fails to keep a document specified in this section is guilty of a petty misdemeanor. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 19 ---------- ARTICLE 5 CERTIFICATES § 33450. General Acknowledgment. § 33452. Jurat. § 33453. Certified Copy. § 33450. General Acknowledgment. A notary shall use a certificate in substantially t he following form in notarizing the signature or mark of persons acknowledging for themselves or as partners, corpor ate officers, attorneys in fact, or in other representatives capa cities, or may use such other forms of certificates as are otherwi se authorized by statute: 'Territory of Guam. On this _____ day of ________, ______ before me, the undersigned notary, personally appeared, __________, the person(s) whose name(s) (is) (are) signed on the preceding or attached document, and acknowledged to me that (he) (she) (they) signed me, the undersigned notary, personally appeared, __________, the person(s) whose name(s) (is) (are) signed on the preceding or attached document, and acknowledged to me that (he) (she) (they) signed it voluntarily for its stated purpose(.) (as partner for _____________, a partnership.) (as ______ for _____________, a corporation.) (as attorney in fact for _____________, the princip al.) (as _______ for ______________ (a) (the) _________. ) (by mark before ___ and _____, subscribing witnesse s.) ______________________ (official signature and seal of notary)' SOURCE: Added by P.L. 21-106:2 (May 29, 1992). First parag raph amended by P.L. 21-136:32 (Sept. 20, 1992). § 33452. Jurat. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 20 A notary shall use a jurat certificate in substanti ally the following form in notarizing a signature on an affi davit, deposition, or other sworn or affirmed written decl aration: 'Territory of Guam. Subscribed and sworn to before me this _____ day of ________, 19____ by ____________________. ________________________ (official signature and seal of notary)' § 33453. Certified Copy. itory of Guam. Subscribed and sworn to before me this _____ day of ________, 19____ by ____________________. ________________________ (official signature and seal of notary)' § 33453. Certified Copy. A notary shall use a certificate in substantially t he following form in notarizing a certified copy: 'Territory of Guam. On this ____ day of ___________, ____, I certify that the preceding or attached document, and the duplicate retained by me as a notarial record, are true, exact, (complete) (stated portion of ______________ _ [named document]), and unaltered photocopies made by me of ___________ (description of the document), (presented to me by the document’s custodian, _______________,) (held in my custody as a notarial record,) and that, to the best of my knowledge, are neither public records nor publicly recordable docu - ments, certified copies of which are available from an official source other than a notary. ______________________ (official signature and seal of notary)' ---------- ARTICLE 6 LIABILITY AND REMEDIES PART 1 - LIABILITY COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 21 § 33501. Liability of Notary, Surety and Employer. § 33502. Proximate Cause. ---- ARTICLE 6 LIABILITY AND REMEDIES PART 1 - LIABILITY COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 21 § 33501. Liability of Notary, Surety and Employer. § 33502. Proximate Cause. § 33501. Liability of Notary, Surety and Employer. (a) A notary is liable to any person for all damage s proximately caused that person by the notary’s offi cial misconduct in performing a notarization. (b) A surety for a notary’s bond is liable to any p erson for damages proximately caused that person by the notar y’s official misconduct in performing a notarization, but this l iability may not exceed the penalty of the bond or of any remain ing bond funds that have not been expended on other claimant s. Regardless of the number of claimants, a surety’s t otal liability may not exceed the penalty of the bond. (c) An employer of a notary is liable to any person for all damages proximately caused that person by the notar y’s official misconduct in performing a notarization related to the employer’s business, only if the employer directed, encouraged, consented to, or approved the notary’s misconduct, either in the particular transaction, or as implied by previous a ctions in at least employer’s business, only if the employer directed, encouraged, consented to, or approved the notary’s misconduct, either in the particular transaction, or as implied by previous a ctions in at least one (1) similar transaction. (d) An employer of a notary is liable for all damag es recovered from the notary as a result of official m isconduct that was coerced by threat of the employer, if the threa t, such as of demotion or dismissal, was made in reference to the particular notarization, or implied by the employer’s previous action in at least one (1) similar transaction. In addition, the employer is liable to the notary for damages caused the notary by demotion, dismissal, or other action resulting from the notar y’s refusal to commit official misconduct. (e) If the employer is the government of Guam, dama ges may be recovered only through the procedures of the Government Claims Act. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 22 § 33502. Proximate Cause. Recovery of damages against a notary, surety, or em ployer does not require that the notary’s misconduct be th e sole proximate cause of the damages. PART 2 – REVOCATION § 33510. Revocation. § 33511. Recovery of damages against a notary, surety, or em ployer does not require that the notary’s misconduct be th e sole proximate cause of the damages. PART 2 – REVOCATION § 33510. Revocation. § 33511. Other Remedies. § 33512. Criminal Prosecution. § 33513. Additional Remedies not Prevented. § 33510. Revocation. (a) The Attorney General may revoke a notarial comm ission on any ground for which an application for a notari al commission may be denied under 33201 of this Chapte r. (b) Resignation or expiration of a notarial commiss ion does not terminate or preclude an investigation into a n otary’s conduct by the Attorney General, who may pursue the investi gation to a conclusion, whereupon it must be made a matter of p ublic record whether or not the findings would have been grounds for revocation. § 33511. Other Remedies. (a) The Attorney General may deliver a written Offi cial Warning to Cease Misconduct to any notary whose act ions are judged to be official misconduct under § 33104 of t his Chapter. (b) The Attorney General may seek a court injunctio n to prevent a person from violating any provision of th is Chapter. § 33512. Criminal Prosecution. cial misconduct under § 33104 of t his Chapter. (b) The Attorney General may seek a court injunctio n to prevent a person from violating any provision of th is Chapter. § 33512. Criminal Prosecution. A notary who knowingly and repeatedly performs or f ails to perform any act prohibited or mandated respectively by this Chapter is guilty of a third degree felony. Except as authorized under Article 10 of this Chapter, a notary who know ingly performs a notarization for a person who does not a ppear before the notary or at the notary’s office is guilty of a third degree felony. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 23 SOURCE: Added by P.L. 21-106:1 (May 29, 1992).Amended by P.L. 35-100:3 (Oct. 29, 2020). § 33513. Additional Remedies not Prevented. The remedies of this Chapter supplement other remed ies and penalties provided by law. PART 3 - WILLFUL CRIMES § 33520. Impersonation. § 33521. Wrongful Possession. § 33522. Improper Influence. § 33520. Impersonation. Any person not a notary who knowingly acts as or otherwise impersonates a notary is guilty of a thir d degree felony. 33521. Wrongful Possession. § 33522. Improper Influence. § 33520. Impersonation. Any person not a notary who knowingly acts as or otherwise impersonates a notary is guilty of a thir d degree felony. Impersonation includes performing notarial acts when the commission of the person performing has expired or been revoked or the person has resigned his or her commi ssion. SOURCE: Added by P.L. 21-106:2 (May 29, 1992). Amended by P.L. 23-081:13 (Mar. 12, 1996). § 33521. Wrongful Possession. Any person who knowingly obtains, conceals, defaces , or destroys the seal, journal, or official records of a notary is guilty of a third degree felony. § 33522. Improper Influence. Any person who knowingly solicits, coerces, or in a ny way influences a notary to commit official misconduct i s guilty of a third degree felony. ---------- ARTICLE 7 MISCELLANEOUS § 33550. Change of Address. § 33551. Change of Name. § 33552. Lost Journal or Seal. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 24 § 33553. Resignation. § 33554. Disposition of Seal and Journal. § 33555. Death. § 33556. Copying Fees. § 33550. Change of Address. l. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 24 § 33553. Resignation. § 33554. Disposition of Seal and Journal. § 33555. Death. § 33556. Copying Fees. § 33550. Change of Address. Within thirty (30) days after the change of a notar y’s business or residence address, the notary shall del iver to the Attorney General, by certified mail or other means providing a receipt, a signed notice of the change, giving both old and new addresses. § 33551. Change of Name. (a) A notary with a change of name shall deliver to the Attorney General a signed notice of the change, giv ing both old and new names and the effective date of the new nam e. (b) Starting on the effective date of the change, a notary with a new name officially shall sign that name on all notarial certificates, but only after the following steps ha ve been completed: (1) The notice described in subsection (a) of this section has been delivered; (2) A Confirmation of Notary’s Name Change has been received from the Attorney General; (3) A new seal bearing the new name exactly as in t he Confirmation has been obtained; and (4) The surety for the notary’s bond has been infor med in writing. § 33552. ived from the Attorney General; (3) A new seal bearing the new name exactly as in t he Confirmation has been obtained; and (4) The surety for the notary’s bond has been infor med in writing. § 33552. Lost Journal or Seal. Within ten (10) days after the loss or theft of any official journal or seal, the notary shall deliver to the At torney General, by certified mail or other means providing a receip t, a signed notice of the loss or theft, and inform the appropr iate law enforcement agency in the case of theft. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 25 § 33553. Resignation. A notary who resigns a notarial commission shall de liver to the Attorney General, by certified mail or other me ans providing a receipt, a notice indicating the effective date o f resignation. 2015 NOTE: Subsection designation was removed to adhere to t he Compiler’s general codification scheme pursuant to the authority granted by 1 GCA § 1606. § 33554. Disposition of Seal and Journal. (a) When a notarial commission is resigned, revoked , or expires, the notary shall: (1) As soon as reasonably practical, destroy the of ficial seal; and (2) Within thirty (30) days of the after the effect hen a notarial commission is resigned, revoked , or expires, the notary shall: (1) As soon as reasonably practical, destroy the of ficial seal; and (2) Within thirty (30) days of the after the effect ive date of resignation, revocation or expiration, deli ver to the Attorney General, by certified mail or other means providing a receipt, the notarial journal and recor ds. § 33555. Death. If a notary dies during the term of commission, the notary’s heirs or legal representative, as soon as reasonabl y practical after death, shall deliver to the Attorney General by cer tified mail or other means providing a receipt (a) a notice of the date of death, and (b) the notarial journal and records. 2015 NOTE: Subsection designations were altered to adhere to t he Compiler’s alpha-numeric scheme in accordance with the authority granted by 1 GCA § 1606. § 33556. Copying Fees. Notwithstanding 5 GCA § 10203, or any other law, th e Attorney General may charge a copying fee not to ex ceed Two Dollars ($2) for the first page of any requested do cument under this Chapter, such as Notarial Commissions, Certifi cates of Authority and the Model Notary Law, not to exceed O ne Dollar ($1) for each llars ($2) for the first page of any requested do cument under this Chapter, such as Notarial Commissions, Certifi cates of Authority and the Model Notary Law, not to exceed O ne Dollar ($1) for each additional page. All fees shall be de posited into the Fund. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 26 SOURCE: Added by P.L. 23-081:14 (Mar. 12, 1996). ---------- ARTICLE 8 AUTHENTICATION § 33601. Evidence of Authenticity of Notarial Act. § 33602. Certificate of Authority. § 33603. Apostille. § 33601. Evidence of Authenticity of Notarial Act. (a) The authenticity of the official notarial seal and signature of a notary of Guam may be evidenced by: (1) A Certificate of Authority from the Attorney General, authenticated as necessary; (2) An Apostille in the form prescribed by the Hagu e Convention Abolishing the Requirement of Legalizati on for Foreign Public Documents of October 5, 1961; or (3) An Apostille as specified by the Hague Conventi on must be attached to any document requiring authenti cation that is sent to a nation that has signed and ratifi ed the Convention and, within the government of Guam, may only be issued by the Director or Deputy Director of y document requiring authenti cation that is sent to a nation that has signed and ratifi ed the Convention and, within the government of Guam, may only be issued by the Director or Deputy Director of the Department of Administration, with the Great Seal o f Guam affixed thereto by I Segundu na Maga’lahi (the Lieutenant Governor). When issuing an Apostille, the Departme nt of Administration shall verify the authenticity of the notary’s commission and signature with the Attorney General. (b) The Attorney General may charge a Fifty Dollar ($50) non-refundable fee for a Certificate of Authority. The Department of Administration may charge a Fifty Dol lar ($50) non-refundable fee for an Apostille. Such fees shall be deposited into the Notary Public Revolving Fund. SOURCE: Added by P.L. 21-106:2 (May 20, 1992), amended by P.L. 23-081:15 (Mar. 12, 1996), and repealed and added b y P.L. 30-059:4 (Nov. 25, 2009). COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 27 § 33602. Certificate of Authority. A certificate of authority evidencing the authentic ity of the official notarial seal and signature of a notary of Guam must be in substantially the following form: 'Certificate of cate of Authority. A certificate of authority evidencing the authentic ity of the official notarial seal and signature of a notary of Guam must be in substantially the following form: 'Certificate of Authority for a Notarial Act I, ______ (name, Attorney General of the Territory of Guam, U.S.A.) certify that (name of notary), the pe rson named in the seal and signature on the attached doc ument(,) is a notary public for the Territory of Guam, U.S.A ., and was authorized to act as such at the time of the do cument’s notarization. To verify this Certificate of Authority for a Notar ial Act, I have affixed below my signature and seal of office this __________ day of __________________, _______.' § 33603. Apostille. An Apostille prescribed by the Hague Convention, as cited in 28 U.S.C.A. in the annotations to Rule 44 of the Federal Rules of Civil Procedure, must be in the form of a square with sides at least nine (9) centimeters long and contain exactly the following wording: 'APOSTILLE (Convention de La Haye du 5 octobre 1961) 1. Country: United States of America This public document 2. has been signed by _________________________ 3. ontain exactly the following wording: 'APOSTILLE (Convention de La Haye du 5 octobre 1961) 1. Country: United States of America This public document 2. has been signed by _________________________ 3. acting in the capacity of _________________________ 4. bears the seal/stamp of _________________ CERTIFIED 5. at ____________ 6. the __________________ COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 28 7. by _______________________________________ 8. No. ______________________________________ 9. Seal/Stamp 10. Signature ______________________' SOURCE: Amended by P.L. 23-81:16. ---------- ARTICLE 9 OFFICERS IN THE ARMED FORCES AUTHORIZED TO ACT AS NOTARIES § 33701. Officers May Perform Notarial Acts. § 33701. Officers May Perform Notarial Acts. Any commissioned officer of the Armed Forces of the United States, while on active duty, who is authori zed to administer oaths by the Uniform Code of Military Ju stice, may administer oaths and affirmations, take depositions , affidavits and acknowledgements of deeds, grants, transfers an d other instruments of writing, and powers of attorney, of any person who for the time being is on active duty with the A rmed Forces of the davits and acknowledgements of deeds, grants, transfers an d other instruments of writing, and powers of attorney, of any person who for the time being is on active duty with the A rmed Forces of the United States, in the same manner as a Notar y Public. Any oath or affirmation administered, or deposition or affidavit taken, or acknowledgment certified by suc h officer hereunder, if otherwise in accordance with law, sha ll be effectual for all purposes as if administered, taken or certi fied by a Notary Public appointed and commissioned under this Chapte r. NOTE : Section 2 of P.L. 21-106 (May 20, 1992) stated: Effective date. This Act shall go into effect ninet y (90) days after its approval, except that the Attorney Genera l shall forthwith prepare the necessary examinations and ca use to be promulgated the necessary rules and regulations gov erning the procedures set out in this Act. --------- COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 29 ARTICLE 10 REMOTE ONLINE NOTARIZATION SOURCE: Entire Article added by P.L. 35-100:1 (Oct. 29, 202 0). 2020 NOTE: Pursuant to P.L. 35-0100:5 (Oct. 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 29 ARTICLE 10 REMOTE ONLINE NOTARIZATION SOURCE: Entire Article added by P.L. 35-100:1 (Oct. 29, 202 0). 2020 NOTE: Pursuant to P.L. 35-0100:5 (Oct. 29, 2020), effecti ve upon enactment, the Office of the Attorney General has 4 5 days from enactment to implement administrative requirements. § 33801. Definitions. § 33802. Standards for Remote Online Notarization. § 33803. Registration Required. § 33804. Authority to Perform Remote Online Notarizations. § 33805. Electronic Record of Remote Online Notarizations. § 33806. Use of Electronic Journal, Signature, And Seal. § 33807. Remote Online Notarization Procedures. § 33808. Fees for Remote Online Notarization. § 33809. Termination of Remote Online Notary Public ’s Commission. § 33810. Wrongful Possession of Software or Hardwar e; Criminal Offense. § 33811. Conflict. § 33801. Definitions. As used in this Article: (a) Appear, or personally appear, or in the presence of means: (1) being in the same physical location as another person and close enough to see, hear, communicate with, and exchange tangible identification credenti als with that individual; or (2) interacting with another n the same physical location as another person and close enough to see, hear, communicate with, and exchange tangible identification credenti als with that individual; or (2) interacting with another individual by means of communication technology that complies with the provisions of this Chapter. (b) Communication technology means an electronic device or process that allows a notary public physi cally COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 30 located in Guam and a remotely located individual t o communicate with each other simultaneously by sight and sound, and which, as necessary, makes reasonable accommodations for individuals with vision, hearing , or speech impairments. (c) Credential analysis means a process or service that meets the standards established by the Attorney Gen eral of Guam through which a third person affirms the valid ity of a government-issued identification credential through review of public and proprietary data sources. (d) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. l through review of public and proprietary data sources. (d) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (e) Electronic record means information that is created, generated, sent, communicated, received, o r stored by electronic means. (f) Electronic seal means information within a notarized electronic record that confirms the remot e online notary public’s name, jurisdiction, identifying num ber and commission expiration date, and generally correspon ds to information in notary seals used on paper documents . (g) Electronic signature means an electronic sound, symbol, or process attached to or logically associa ted with an electronic record and executed or adopted by a p erson with the intent to sign the electronic document. (h) Identity proofing means a process or service operating according to standards established by the Attorney General of Guam through which a third pers on affirms the identity of an individual: (1) by means of dynamic knowledge-based authentication such as a review of personal informa tion from public or proprietary data sources; or (2) by means of analysis of the identity of an individual: (1) by means of dynamic knowledge-based authentication such as a review of personal informa tion from public or proprietary data sources; or (2) by means of analysis of biometric data such as, but not limited to, facial recognition, voicepr int analysis, or fingerprint analysis. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 31 (i) Notarial act means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under Guam law. The term includ es taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affir mation, witnessing or attesting a signature, and certifying or attesting a copy. (j) Outside the United States means outside the geographic boundaries of Guam, a state of the Unite d States, the District of Columbia, or any other terr itory, commonwealth, or insular possession subject to the jurisdiction of the United States. (k) Principal means an individual: (1) whose electronic signature is notarized in a remote online notarization; or (2) making an oath or affirmation or an acknowledgement other than in the capacity of a witness for the an individual: (1) whose electronic signature is notarized in a remote online notarization; or (2) making an oath or affirmation or an acknowledgement other than in the capacity of a witness for the remote online notarization. (l) Remote online notarial certificate is the form of an acknowledgement, jurat, verification on oath or aff irmation, or verification of witness or attestation that is c ompleted by a remote online notary public and: (1) contains the online notary public’s electronic signature, electronic seal, title, and commission expiration date; (2) contains other required information concerning the date and place of the remote online notarization; (3) otherwise conforms to the requirements for an acknowledgement, jurat, verification on oath or affirmation, or verification of witness or attestat ion under Guam law; and (4) indicates that the person making the acknowledgement, oath or affirmation appeared remotely online. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 32 (m) Remote online notarization or remote online notarial act means a notarial act performed by means of communication technology that meets the standards a dopted under this Article. TARIES PUBLIC 32 (m) Remote online notarization or remote online notarial act means a notarial act performed by means of communication technology that meets the standards a dopted under this Article. (n) Remote online notary public means a notary public who has been authorized by the Attorney General of Guam to perform remote online notarizations under this A rticle. (o) Remote presentation means transmission to the remote online notary public through communication technology of an image of a government-issued identification credential that is of sufficient qua lity to enable the remote online notary public to: (1) identify the individual seeking the remote online notary public’s services; and (2) perform credential analysis. (p) Remotely located individual means an individual who is not in the physical presence of the notary. § 33802. Standards for Remote Online Notarization. The Attorney General of Guam shall maintain standar ds for remote online notarization in accordance with the R ules for Remote Online Notarization, pursuant to Article 3 o f Chapter 1, Title 19, Guam Administrative Rules and Regulations . § 33803. Registration Required. e notarization in accordance with the R ules for Remote Online Notarization, pursuant to Article 3 o f Chapter 1, Title 19, Guam Administrative Rules and Regulations . § 33803. Registration Required. (a) A notary public commissioned in Guam may become a remote online notary public in accordance with this Section. Before a notary performs a remote online notarizati on, he or she must apply with the Office of the Attorney General of Guam in accordance with the Rules for Remote Online Notariz ation and identify the technology that the electronic notary public intends to use, which must conform to the Rules for Remote Online Notarization. (b) Before each registration to perform electronic notarial acts, an individual shall complete a course of inst ruction as approved by the Attorney General of Guam and pass a n examination based on the course. The content of the course shall COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 33 include notarial rules, procedures, and ethical obl igations pertaining to electronic notarization in this Chapt er. The course may be taken in conjunction with any course require d by the Attorney General of Guam. l rules, procedures, and ethical obl igations pertaining to electronic notarization in this Chapt er. The course may be taken in conjunction with any course require d by the Attorney General of Guam. (c) Unless terminated pursuant to this Chapter, the term of registration to perform electronic notarial acts sh all begin on the registration starting date set by the Attorney Gene ral of Guam and shall continue as long as the notary public’s c urrent commission remains valid. (d) An individual registering to perform electronic notarial acts shall submit to the Attorney General of Guam a n application in a format prescribed by the Attorney General whic h includes: (1) proof of successful completion of the course an d examination required under Subsection (b) of this S ection; (2) disclosure of any and all license or commission revocations or other disciplinary actions against t he registrant; (3) any other information, evidence, or declaration required by the Attorney General of Guam; and (4) evidence that the surety bond prescribed by thi s Chapter for performance of electronic notarial acts by communication technology has been issued. on required by the Attorney General of Guam; and (4) evidence that the surety bond prescribed by thi s Chapter for performance of electronic notarial acts by communication technology has been issued. (e) Upon the applicant’s fulfillment of the require ments for registration under this Article, the Attorney Gener al of Guam shall approve the registration and issue to the app licant a unique registration number. (f) The Attorney General of Guam may reject a regis tration application if the applicant fails to comply with a ny section of this Article. § 33804. Authority to Perform Remote Online Notari zations. A remote online notary public physically located in Guam may perform a remote online notarial act using comm unication technology in accordance with this Article and the Rules for Remote Online Notarization for a remotely located i ndividual who is physically located: COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 34 (a) in Guam; (b) outside Guam but within the United States; or (c) outside the United States if: (1) the remote online notary public has no actual knowledge that the act of making the statement or signing the record is prohibited in the jurisdictio n States; or (c) outside the United States if: (1) the remote online notary public has no actual knowledge that the act of making the statement or signing the record is prohibited in the jurisdictio n in which the person is located; and (2) the person placing his or her electronic signature on the electronic record confirms to the remote online notary public that the requested remo te online notarial act and the electronic record: (A) are part of or pertain to a matter that is to be filed with or is currently before a court, governmental entity, or other entity in the United States; (B) relates to property located in the United States; or (C) relates to a transaction substantially connected to the United States. § 33805. Electronic Record of Remote Online Notariz ations. (a) A remote online notary public shall keep a secu re electronic journal of each remote online notarial a ct performed by the remote online notary public. The electronic journal must contain for each remote online notarization: (1) the date and time of the notarization; (2) the type of notarial act; (3) the type, the title, or a description of the el ectronic record or proceeding; (4) the printed name and address arization: (1) the date and time of the notarization; (2) the type of notarial act; (3) the type, the title, or a description of the el ectronic record or proceeding; (4) the printed name and address of each principal involved in the transaction or proceeding; (5) evidence of identity of each principal involved in the transaction or proceeding in the form of: COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 35 (A) a statement that the person is personally known to the remote online notary public; (B) a notation of the type of identification document provided to the remote online notary publi c; (C) a record of the identity verification made under this Article, if applicable, or (D) the following: (i) the printed name and address of each credible witness swearing to or affirming the person’s identity; and (ii) for each credible witness not personally known to the remote online notary public, a description of the type of identification documents provided to the remote online notary public; and (6) the fee, if any, charged for the notarization. (b) The remote online notary public shall create an audio and video copy of the performance of the notarial a ct. e remote online notary public; and (6) the fee, if any, charged for the notarization. (b) The remote online notary public shall create an audio and video copy of the performance of the notarial a ct. (c) The remote online notary public shall take reas onable steps to: (1) ensure the integrity, security, and authenticit y of remote online notarizations; (2) maintain a backup for the electronic journal required by Subsection (a) and the recording requir ed by Subsection (b); and (3) protect the backup record from unauthorized use . (d) The electronic journal required by Subsection ( a) and the recording required by Subsection (b) shall be m aintained for at least ten (10) years after the date of the trans action or proceeding. (1) The remote online notary public may designate a s custodian of the recording and the electronic journ al: (A) the employer of the remote online notary public if evidenced by a record signed by the remot e COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 36 online notary public and the employer; or (B) a repository meeting the standards established by the Attorney General of Guam. remot e COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 36 online notary public and the employer; or (B) a repository meeting the standards established by the Attorney General of Guam. (2) The Attorney General of Guam shall establish: (A) standards for the retention of a video and audio copy of the performance of the notarial act; (B) procedures for preservation of the audio and video copy and the electronic journal if the remote online notary public dies or is adjudicated incompe tent, or if the remote online notary public’s commission or authority to perform notarial acts is otherwise terminated; and (C) standards for third party repositories for the retention of the audio and video copy of the performance of the notarial act. § 33806. Use of Electronic Journal, Signature, and Seal. (a) A remote online notary public shall keep the re mote online notary public’s electronic journal, electron ic signature, and electronic seal secure. The remote online notar y public may not allow another person to use the remote online n otary public’s electronic signature or electronic seal. al, electron ic signature, and electronic seal secure. The remote online notar y public may not allow another person to use the remote online n otary public’s electronic signature or electronic seal. (b) A remote online notary public shall attach the remote online notary public’s electronic signature and sea l to the remote online notarial certificate of an electronic record in a manner that renders any subsequent change or modification to th e electronic record to be evident. (c) A remote online notary public shall immediately notify law enforcement and the Attorney General of Guam of the theft or vandalism of the remote online notary public’s e lectronic journal, electronic signature, or electronic seal. A remote online notary public shall immediately notify the Attorney General of Guam of the loss or use by another person of the re mote online notary public’s electronic journal, electronic sign ature, or electronic seal. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 37 § 33807. Remote Online Notarization Procedures. (a) A remote online notary public may perform a rem ote online notarization authorized under this Article t hat meets the requirements of this UBLIC 37 § 33807. Remote Online Notarization Procedures. (a) A remote online notary public may perform a rem ote online notarization authorized under this Article t hat meets the requirements of this Article and the Rules for Remo te Online Notarization regardless of whether the principal is physically located in Guam at the time of the remote online no tarization. (b) In performing a remote online notarization, a r emote online notary public shall verify the identity of a person creating an electronic signature at the time that the signat ure is taken by using communication technology that meets the requi rements of this Article and the Rules for Remote Online Notari zation. Identity may be verified by: (1) the remote online notary public’s personal knowledge of the person creating the electronic sig nature; or (2) each of the following: (A) remote presentation by the person creating the electronic signature of a government-issued identification credential, including a passport or driver’s license, that contains the signature and a photograph of the person: (B) credential analysis; and (C) identity proofing. government-issued identification credential, including a passport or driver’s license, that contains the signature and a photograph of the person: (B) credential analysis; and (C) identity proofing. (c) The remote online notary public shall take reas onable steps to ensure that the communication technology u sed in a remote online notarization is secure from unauthori zed interception. (d) The remote online notarial certificate for a re mote online notarization must state that the person making the acknowledgement or making the oath appeared remotel y online. (e) A remote online notarial act meeting the requir ements of this Article satisfies the requirement of Guam law relating to a notarial act that requires a principal to appear or personally appear before a notary or that the notarial act be performed in the presence of a notary. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 38 § 33808. Fees for Remote Online Notarization. A remote online notary public or the remote online notary public’s employer may charge a fee for performance of remote online notarization. § 33809. Termination of Remote Online Notary Public ’s Commission. e online notary public or the remote online notary public’s employer may charge a fee for performance of remote online notarization. § 33809. Termination of Remote Online Notary Public ’s Commission. (a) Except as provided in Subsection (b) of this Se ction, a remote online notary public whose commission termin ates shall destroy the coding, disk, certificate, card, softwa re, or password that enables electronic affixation of the remote on line notary public’s official electronic signature or seal. The remote online notary public shall certify compliance with this Su bsection to the Attorney General of Guam. (b) A former remote online notary public whose commission terminated for a reason other than revoc ation or a denial of renewal is not required to destroy the it ems described in Subsection (a) of this Section if the former rem ote online notary public is recommissioned as a remote online notary public with the same electronic signature and seal within three (3) months after the former remote online notary public ’s former commission terminated. § 33810. Wrongful Possession of Software or Hardwar e; Criminal Offense. ronic signature and seal within three (3) months after the former remote online notary public ’s former commission terminated. § 33810. Wrongful Possession of Software or Hardwar e; Criminal Offense. (a) A person who, without authorization, knowingly obtains, conceals, damages, or destroys the certifi cate, disk, coding, card, program, software or hardware enablin g a remote online notary public to affix an official electroni c signature or seal commits a criminal offense. (b) An offense under this Section is a third degree felony. § 33811. Conflict. In the event of a conflict between the provisions o f this Article and any other laws of Guam, the provisions of this Article shall control. COL5/19/20215 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 39 ------- ARTICLE 11 ELECTRONIC RECORDING AUTHORIZATION SOURCE: Added by P.L. 35-100:2 (Oct. 29, 2020). § 33901. Recording of an Electronic Record. § 33901. Recording of an Electronic Record. (a) If a law requires, as a condition for recording , that a document be an original, be on paper or another tan gible medium, or be in writing, the requirement is satisf ied by paper copy of an electronic record that complies with the n for recording , that a document be an original, be on paper or another tan gible medium, or be in writing, the requirement is satisf ied by paper copy of an electronic record that complies with the requirements of this Chapter. (b) If a law requires, as a condition for recording , that a document be signed, the requirement is satisfied by an electronic signature. (c) A requirement that a document or a signature as sociated with a document be notarized, acknowledged, verifie d, witnessed, or made under oath is satisfied if the e lectronic signature of the person authorized to perform that act, and all other information required to be included, is attac hed to or logically associated with the document or signature . A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature if the notary has attached an electronic notarial certificate that meets the requ irements of this Chapter. ------- COL5/19/2021
Guam Legal Code