2.1 Types of Notarial Acts
Key Takeaways
- Colorado notaries may take acknowledgments, administer oaths/affirmations, take verifications on oath (jurats), witness/attest signatures, certify copies, and note protest of negotiable instruments.
- Personal appearance is mandatory for every notarial act, including electronic and remote online notarization (RON).
- Identity is established by personal knowledge, an unexpired government photo ID, or a credible witness on oath.
- An acknowledgment confirms a past voluntary signing; a verification on oath (jurat) requires the signer to swear the contents are true and sign in the notary's presence.
- The maximum fee is $15 per paper notarial act and $25 per electronic or remote act; a journal is required under Colorado's RULONA.
The Six Authorized Notarial Acts
Colorado adopted the Revised Uniform Law on Notarial Acts (RULONA), codified at C.R.S. 24-21-501 et seq. and reauthorized through the 2023 sunset review (SB23-153). RULONA defines exactly which acts a notary may perform. A notary who performs an act outside this list, or refuses one without lawful cause, can face discipline from the Colorado Secretary of State.
| Notarial Act | What the notary certifies | Signer must sign in notary's presence? |
|---|---|---|
| Acknowledgment | The signer personally appeared, was identified, and acknowledged signing voluntarily for the stated purpose | No - signature may predate the appearance |
| Verification on oath or affirmation (jurat) | The signer appeared, swore/affirmed the statement is true, and signed in the notary's presence | Yes |
| Oath or affirmation | The notary administered a spoken pledge of truthfulness (no document required) | N/A |
| Signature witnessing/attestation | The notary watched the signer sign and identified the signer | Yes |
| Copy certification | The copy is a full, true, and accurate reproduction of an original the notary examined | N/A |
| Noting protest of a negotiable instrument | A dishonored note/draft was presented and refused (rare; usually done by financial professionals) | N/A |
Acknowledgment versus jurat - the most-tested distinction
Exam fact patterns repeatedly hinge on whether the certificate wording is an acknowledgment or a jurat (verification on oath). The signer of an acknowledgment is only confirming the signature is genuine and voluntary, so the document can be signed beforehand. A jurat adds a sworn oath: the signer must (1) sign in front of the notary and (2) swear or affirm the contents are true, exposing themselves to perjury liability. Affidavits, sworn declarations, and "subscribed and sworn to before me" certificates are jurats. "Acknowledged before me" wording signals an acknowledgment.
If a signer refuses to take the oath, the notary cannot complete a jurat.
Copy certification limits
Colorado notaries may certify a copy of a document only when the original is not a public or recordable record. A notary cannot certify a copy of a birth certificate, death certificate, marriage record, or any document filed with a recorder - those must come from the custodian of the record. The notary copies the document, compares it to the original, and certifies the reproduction is complete and accurate.
Foundational Requirements That Apply to Every Act
Personal appearance is non-negotiable
Every notarial act requires the signer to personally appear before the notary at the time of notarization. RULONA's 2018 amendment closed the old loophole - there is no longer any way to notarize for an absent signer. For remote online notarization (RON), "appearance" means a live, two-way audio-video communication, not an in-person meeting, but the signer must still be present in real time. A notary who notarizes a mailed-in or pre-signed document for someone not present commits one of the most serious violations the exam tests.
Establishing identity
The notary must have satisfactory evidence of the signer's identity through one of three methods:
- Personal knowledge - the notary actually knows the individual.
- Identification document - an unexpired, government-issued ID bearing a photograph and signature (driver's license, state ID, passport, military ID).
- Credible witness - a person who personally knows the signer and either is personally known to the notary or presents their own satisfactory ID, and who takes an oath vouching for the signer's identity.
Awareness and willingness
Beyond identity, the notary must reasonably believe the signer understands the transaction and is acting voluntarily. If a signer appears confused, sedated, coerced, or is being pressured by a third party, the notary must refuse. This protects vulnerable adults and is a recurring exam trap.
Fees, Certificates, and the Journal
Maximum fees (verified 2026)
| Service | Maximum allowable fee |
|---|---|
| Paper notarial act (per signature/act) | $15 |
| Electronic or remote online notarization (per act) | $25 |
| Travel, copies, other services | Must be disclosed in writing in advance and itemized separately |
Notaries are not required to charge a fee, but may not exceed these caps and must inform the customer of all charges before performing the act.
The notarial certificate
Every act produces a certificate stating the venue (state and county), the date, the act performed, the signer's name, and the notary's signature, printed name, commission identification number, and seal/stamp. The certificate wording must match the act actually performed - attaching an acknowledgment certificate to a sworn affidavit is an error.
Journal requirement
Under Colorado's RULONA, a notary must keep a journal of every notarial act. Entries are made contemporaneously and include the date and time, type of act, description of the document, each signer's full name and address, the method of identification (or a personal-knowledge notation), the signature of the signer, and any fee charged. Records must be retained for 10 years after the last entry. RON acts must be logged in a tamper-evident electronic journal, and the audio-video recording must be securely stored for 10 years.
On the Exam
- Match the certificate wording to the act: "acknowledged" = acknowledgment; "subscribed and sworn" = jurat.
- The safest answer almost always refuses the shortcut - no personal appearance, no notarization; no valid ID and no credible witness, no notarization.
- Watch the fee caps ($15 paper / $25 electronic-remote) and the 10-year retention figure.
- Remember copy certification cannot be used for vital records or recordable documents.
A signer brings a sworn affidavit and asks the notary to complete a "subscribed and sworn to before me" certificate, but refuses to take any oath, saying the document was already signed at home. What should the notary do?
What is the maximum fee a Colorado notary may charge for a single remote online notarization (RON) act?
A customer asks a Colorado notary to certify a photocopy of the customer's birth certificate. How should the notary respond?
How long must a Colorado notary retain the audio-video recording of a remote online notarization?