2019 Guam Statutes
Title 5 - Government Operations
Division 3 - Legal and Consumer Affairs
Chapter 33 - Notaries Public


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5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC CHAPTER 33 NOTARIES PUBLIC SOURCE: Entire Chapter enacted by P.L. 21-106:2 (May 29, 1992). Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Implementation. Commissioning. Powers and Limitations. Journal and Seal. Certificates. Liability and Remedies. Miscellaneous. Authentication. Officers in the Armed Forces. ARTICLE 1 IMPLEMENTATION § 33101. § 33102. § 33103. § 33103.1. § 33104. § 33105. § 33106. Short Title. Purposes. Prospective Effect. Non application to Court Reports and Other Court Officers. Definitions. Effective Date. 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. The Guam Legislature has made various amendments to conform to local administrative needs and organization. § 33102. Purposes. This Chapter shall be construed and applied to advance its underlying purposes, which are: (a) To promote, serve, and protect the public interest; (b) To clarify and modernize the law governing notaries; and 1 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC (c) To make uniform notarial laws among the jurisdictions enacting it. 2015 NOTE: Subsection designations were altered to reflect the Compiler’s alphanumeric scheme pursuant to 1 GCA § 1606. § 33103. Prospective Effect. The existing bond, seal, length of commission term, and liability of current notaries commissioned before this 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 commissions. § 33103.1. Non-application to Court Reporters and Other Court Officers. None of the provisions of this Chapter applies to any certification by official court reporters of transcripts of trials or other Court proceedings, or to the authentication of Court documents by other ministerial officers of the Court 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 proven on the basis of satisfactory evidence, has admitted, in the 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 acts. (c) Copy certification means a notarial act in which a notary certifies having made a photocopy of a document that is neither a public record nor publicly recordable. (d) A crime involving moral turpitude includes any felony committed in Guam or any crime committed outside Guam that would be a felony under Guam law, any crime involving personal injury, and any crime involving a breach of official duty if done willfully. 2 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC (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 on the basis of satisfactory evidence, has made, in the notary’s presence, a voluntary signature and taken an oath or affirmation vouching for the truthfulness of the signed document. (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 completion by the notary and bearing the notary’s signature and seal. (i) Notary Public and notary mean any person commissioned to perform notarial acts under this Chapter. (j) Oath and affirmation mean a notarial act or part thereof in which a notary certifies that a person made 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 this 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 negligent 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 eliminate every reasonable doubt that the individual has the identity claimed. (m) Satisfactory evidence of identity means identification 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 and signature or 3 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC (3) personal knowledge of identity. (n) State includes any state of the United States, any United States territory, possession, or commonwealth, 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 altered to reflect the Compiler’s alpha-numeric scheme pursuant to 1 GCA § 1606. § 33105. Effective Date. This Chapter shall take effect ninety (90) days following its enactment into law. Any notary public who is commissioned prior to the effective date of this Chapter shall continue to exercise the duties and responsibilities until his or her commission expires. Subsequent application for another commission shall be made in compliance with the provisions 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 Public Revolving Fund” (the Fund), which shall be maintained separate and apart from other funds of the government of Guam. All funds generated from fees under this Chapter for application, authentication, copying, and any other government fee required by this Chapter shall be deposited into the Fund. The Fund shall be used by the Office of the Attorney General for the purpose of the administration of the notary program, including personnel costs for training, notary educational programs, conferences and any administrative and equipment costs, subject to appropriation by I Liheslaturan Guåhan. SOURCE: Added by P.L. 23-081:3 (Mar. 12, 1996), repealed and added by P.L. 30-059:2 (Nov. 25, 2009). ---------ARTICLE 2 COMMISSIONING PART 1 - COMMISSION, QUALIFICATIONS, TERM 4 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC § 33201. § 33202. § 33202.1. § 33203. § 33204. Commissioning. Jurisdiction and Term. Extended Jurisdiction Authorized. Bond. Recommissioning. § 33201. Commissioning. (a) Except as provided in subsection (c), the Attorney General shall commission as a notary any qualified person who submits an application in accordance with this Chapter. (b) A person qualified for a notarial commission must: (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 based on: (1) The applicant’s conviction of a crime involving dishonesty or moral turpitude; (2) Revocation, suspension, or restriction of a notarial commission or professional license issued to the applicant 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 action resulted. § 33202. Jurisdiction and Term. A person commissioned as a notary by the Attorney General may perform notarial acts in Guam for a term of four (4) years, unless the notary’s commission is revoked under § 33510 or the notary has resigned under § 33552 of this Chapter. 5 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC § 33202.1. Extended Jurisdiction Authorized. (a) As authorized by the Attorney General of Guam, a Guam commissioned notary public residing on Guam shall be authorized to perform notarial acts in foreign countries 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 notarial journal entries and the compilation of all other mandatory records shall be adhered to, and the journal and all requisite records pertaining to the notarial act shall subsequently be maintained on Guam as provided pursuant to this Chapter. (b) The only documents authorized to be notarized in a foreign country shall be limited to those relating to real estate transactions, and must be recorded at the Guam Department of Land Management or any other government agency as may 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 authority of 1 GCA § 1606. § 33203. Bond. No notarial commission may be issued unless the notary has produced, as part of the application, evidence that, upon commissioning, a bond is in force in the sum of One Thousand Dollars ($1,000). The bond must be executed by a licensed surety for the whole term of the notary’s commission, 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 Chapter. The bond shall not be canceled, revoked or modified without the express written authorization of the Attorney General, 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 6 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC § 33210. § 33211. § 33212. § 33213. § 33214. § 33215. § 33220. Application. Statement of Personal Qualifications. Examination. Notarized Declaration. Fees. Confidentiality. Government employees. § 33210. Application. Every application for a notarial commission must be made on forms provided by the Attorney General and include, 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 bond required by 33203 of this Chapter. 2015 NOTE: Subsection designations were altered to reflect the Compiler’s alphanumeric 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, including any pleas of guilty and nolo contendere or no contest; and (e) All issuances, denials, revocations, suspensions, restrictions and resignations of a notarial commission 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 the Compiler’s alphanumeric scheme pursuant to 1 GCA § 1606. 7 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC § 33212. Examination. (a) Every first-time applicant shall be required to pass a written examination that tests the applicant’s knowledge of notarial laws and procedures and is based on materials distributed by the Attorney General with the application forms. (b) The Attorney General shall give public notice of the examination requirement by publication in a newspaper of general circulation at least ninety (90) days in advance of the time at which examinations will first be given. (c) Persons authorized to administer oaths by any other 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 sign the following declaration in the presence of a notary: "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 the 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 this Chapter.) § 33214. Fees. Every applicant for a notarial commission, except for applicants who are government employees, shall pay to the Treasurer of Guam a non-refundable fee of One Hundred Dollars ($100). All fees shall be deposited into the Notary Public Revolving Fund and used according to § 33106 of this 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. 8 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC Disciplinary information in an applicant’s or notary’s Statement of Personal Qualifications under paragraphs (d) and (e) of § 33211 of this Chapter must be used by the Attorney General and designated territorial employees for the sole purpose of performing official duties under this Chapter and may not be disclosed to any person other than: (a) The applicant; (b) The applicant’s authorized representative or surety; (c) A representative of federal, territorial, state, municipal or city government acting in an official capacity; or (d) A person specified by court order. 2015 NOTE: Subsection designations were altered to reflect the Compiler’s alphanumeric scheme, and references to § 33211 were altered to reflect the current codification, pursuant 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 notaries so empowered may perform notarial acts only during their hours of employment with their respective government agencies. Such acts include the notarization for members of the public 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 act; provided, however, that such government employees may charge no fees for notarial services. (b) Notaries empowered under this section may perform notarial acts in any part of Guam for a term of four (4) years, and shall seek recommissioning by the Attorney General for each subsequent term. (c) Except as provided in this section, an applicant for a notarial commission under this section must meet the requirements in Sections 33210 through 33215 of this 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 imposed 9 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC in Section 33214 of this Chapter is waived for employees of the government of Guam. (d) The premium on the bond and costs of all notarial 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 performed by a notary empowered under this section. (f) Upon leaving their employment with the government of Guam, notaries empowered under this section shall resign their commissions immediately and dispose of their journals and seals as provided in Sections 33553 and 33554 of this Chapter. (g) Unless otherwise specified in this section, a notary empowered under this section shall comply with all provisions of this Chapter. SOURCE: Added by P.L. 21-106:2 (May 29, 1992), repealed and 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. § 33302. § 33303. § 33304. § 33305. § 33306. Powers. Disqualifications. Impartiality. False Certificate. Testimonials. Unauthorized Practice of Law. § 33301. Powers. A notary is empowered to perform the following notarial acts: (a) Acknowledgments; (b) Oaths and affirmations; (c) Jurats; and (d) Copy certifications. 10 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 2015 NOTE: Subsection designations were altered to reflect the Compiler’s alphanumeric scheme pursuant to 1 GCA § 1606. § 33302. Disqualifications. A notary is disqualified from performing notarial acts 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 defined in 15 GCA § 809 of the Estates & Probate Code of Guam. SOURCE: Added by P.L. 21-106:2 (May 29, 1992), and amended by P.L. 23081:8 (Mar. 12, 1996). 2015 NOTE: Subsection designations were altered to reflect the Compiler’s alphanumeric scheme pursuant to 1 GCA § 1606. § 33303. Impartiality. (a) A notary may not influence a person to enter into or not to enter into a lawful transaction involving a notarial 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 Chapter. § 33304. False Certificate. A notary may not execute a certificate containing a statement known by the notary to be false or perform any official action with intent to deceive or defraud. § 33305. Testimonials. A notary may not endorse or promote any product, service, contest, or other offering if the notary’s title or seal is used in the endorsement or promotional statement. § 33306. Unauthorized Practice of Law. 11 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC (a) A non-attorney notary may complete but may not select notarial certificates, and may not assist another person 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 advice relating to matters in that professional field. (c) A notary shall not make representations to have powers, qualifications, rights or privileges that the office of notary does not have, including the providing of legal advice unless the notary is also a licensed attorney. (d) A non-attorney notary who advertises notarial services 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". PART 2 – FEES § 33310. Fees. § 33311. Notice of Fees. § 33310. Fees. (a) Subject to the provisions contained in this section, 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 of the certificate, for the first two (2) signatures, Ten Dollars ($10) each; and for each additional signature, Eight Dollars ($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). Provided, however, that in no event may a Notary Public who is an employee of the government of Guam demand or receive any fee or compensation of any kind for performing any duty of a Notary Public 12 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC during normal hours of work in his or her employment by the government. (b) A notary may charge a reasonable travel fee when traveling to perform a notarial act if: (1) The notary explains to the person requesting the notarial act that the travel fee is separate from the notarial fee in subsection (a) and is neither specified nor mandated in law; and (2) The notary and the person requesting the notarial 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 such review, if the Attorney General determines that such fees should be altered, the Attorney General may do so in the manner and under the procedures set out in the Administrative Adjudication Law. SOURCE: Added by P.L. 21-106:2 (May 29, 1992), and amended by P.L. 23081:9 (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 printed in smaller than 10-point type. ---------ARTICLE 4 JOURNAL AND SEAL PART 1 – JOURNAL § 33401. § 33402. § 33403. § 33404. Journal. Entries in Journal. Signature in Journal. Inspection, Copying and Disposal of Journal. § 33401. Journal. 13 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC A notary shall keep, maintain, protect as a public record, and provide for lawful inspection a chronological, permanently bound, official journal of notarial acts, containing 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 the 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 each person for whom a notarial act is performed; (5) The evidence of identity of each person for whom a notarial act is performed, in the form of a description of the identification document, its issuing agency, its serial or identification number, and the date of its issuance if expired, or a statement by the notary that he or she 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 performed if not the notary’s business address. (b) A notary shall retain as an official record a duplicate photocopy of each certified copy. (c) If refusing to perform or complete a notarial act, the notary shall record in the journal the reasons other 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 must be signed, as applicable, by: (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. 14 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC § 33404. Inspection, Copying and Disposal of Journal. (a) Except as otherwise provided in subsection (e) of this section, and notwithstanding 5 GCA, Chapter 10 or any other law, a journal of notarial acts is an official public record that may be inspected only in the notary’s presence by an individual whose identity is personally known to the notary or proven on the basis of satisfactory evidence, who specifies the 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, the 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 destroy them, except at the direction of the Attorney General. (d) The journal must be kept in the exclusive custody 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 upon resignation, revocation, or expiration of a notarial commission, or death of the notary, whichever comes first, the notarial journal shall be delivered by personal service, certified mail 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. § 33411. § 33412. § 33413. Official Signature. Official Seal. Seal Impression. Obtaining a Seal. § 33410. Official Signature. In completing a notarial act, a notary shall sign on the notarial certificate exactly and only the name indicated on the notary’s commission. § 33411. Official Seal. 15 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC (a) A notary shall keep an official notarial seal that is the exclusive property of the notary and that may not be used by any other person or surrendered to an employer upon termination 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 destroyed in accordance with Article 7 of this Chapter. A new seal must be obtained, under § 33413 of this Chapter, for any new commission. The notary need not destroy the embossing seal, if any, nor obtain a new embossing seal, if there is not time lapse between the expiration of one commission and the granting of another commission. § 33412. Notarial Seals. (a) Near the notary’s official signature on a notarial certificate, the notary shall affix in black ink a sharp, legible, and photographically reproducible inked stamp impression of the notarial seal that must include the following elements: (1) The notary’s name exactly as is indicated on the commission; (2) The words "Notary Public, in and for the Territory of Guam, U.S.A." and "My commission expires (commission expiration date)"; (3) The address of the notary’s business or residence; and (4) A rectangular border surrounding the required words. (b) Illegible information within an inked stamp impression of the notarial seal may be typed or printed legibly by the notary adjacent to but not within the impression. The commission expiration date must be an integral part of the inked stamp notarial seal and may not be inserted into the impression. (c) An embossed seal impression that may be photographically reproducible and which shall contain the words “Notary Public in and for the Territory of Guam, USA,” and the notary’s name exactly as indicated on the commission shall be used in addition to but not in lieu of the seal described in subsection (a). SOURCE: Added by P.L. 21-106:2 (May 29, 1992), and amended by P.L. 23081:12 (Mar. 12, 1996). 16 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC § 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, unless 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 declaration 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 name change shall present a copy of the Confirmation of Notary’s Name Change from the Attorney General in place of the Application for a Notary Seal. (c) A vendor who fails to keep a document specified in this section is guilty of a petty misdemeanor. ---------ARTICLE 5 CERTIFICATES § 33450. General Acknowledgment. § 33452. Jurat. § 33453. Certified Copy. § 33450. General Acknowledgment. A notary shall use a certificate in substantially the following form in notarizing the signature or mark of persons acknowledging for themselves or as partners, corporate officers, attorneys in fact, or in other 17 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC representatives capacities, or may use such other forms of certificates as are otherwise 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 it voluntarily for its stated purpose(.) (as partner for _____________, a partnership.) (as ______ for _____________, a corporation.) (as attorney in fact for _____________, the principal.) (as _______ for ______________ (a) (the) _________.) (by mark before ___ and _____, subscribing witnesses.) ______________________ (official signature and seal of notary)” SOURCE: Added by P.L. 21-106:2 (May 29, 1992). First paragraph amended by P.L. 21-136:32 (Sept. 20, 1992). § 33452. Jurat. A notary shall use a jurat certificate in substantially the following form in notarizing a signature on an affidavit, deposition, or other sworn or affirmed written declaration: “Territory 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 the following form in notarizing a certified copy: 18 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC “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 documents, 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 § 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 damages proximately caused that person by the notary’s official misconduct in performing a notarization. (b) A surety for a notary’s bond is liable to any person for damages proximately caused that person by the notary’s official misconduct in performing a notarization, but this liability may not exceed the penalty of the bond or of any remaining bond funds that have not been expended on other claimants. Regardless of the number of claimants, a surety’s total 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 notary’s official misconduct in 19 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 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 actions in at least one (1) similar transaction. (d) An employer of a notary is liable for all damages recovered from the notary as a result of official misconduct that was coerced by threat of the employer, if the threat, 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 notary’s refusal to commit official misconduct. (e) If the employer is the government of Guam, damages may be recovered only through the procedures of the Government Claims Act. § 33502. Proximate Cause. Recovery of damages against a notary, surety, or employer does not require that the notary’s misconduct be the sole proximate cause of the damages. PART 2 – REVOCATION § 33510. § 33511. § 33512. § 33513. Revocation. Other Remedies. Criminal Prosecution. Additional Remedies not Prevented. § 33510. Revocation. (a) The Attorney General may revoke a notarial commission on any ground for which an application for a notarial commission may be denied under 33201 of this Chapter. (b) Resignation or expiration of a notarial commission does not terminate or preclude an investigation into a notary’s conduct by the Attorney General, who may pursue the investigation to a conclusion, whereupon it must be made a matter of public record whether or not the findings would have been grounds for revocation. § 33511. Other Remedies. 20 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC (a) The Attorney General may deliver a written Official Warning to Cease Misconduct to any notary whose actions are judged to be official misconduct under § 33104 of this Chapter. (b) The Attorney General may seek a court injunction to prevent a person from violating any provision of this Chapter. § 33512. Criminal Prosecution. A notary who knowingly and repeatedly performs or fails to perform any act prohibited or mandated respectively by this Chapter is guilty of a third degree felony. A notary who knowingly performs a notarization for a person who does not appear before the notary or at the notary’s office is guilty of a third degree felony. § 33513. Additional Remedies not Prevented. The remedies of this Chapter supplement other remedies 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 third 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 commission. 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. 21 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC Any person who knowingly solicits, coerces, or in any way influences a notary to commit official misconduct is guilty of a third degree felony. ---------ARTICLE 7 MISCELLANEOUS § 33550. § 33551. § 33552. § 33553. § 33554. § 33555. § 33556. Change of Address. Change of Name. Lost Journal or Seal. Resignation. Disposition of Seal and Journal. Death. Copying Fees. § 33550. Change of Address. Within thirty (30) days after the change of a notary’s business or residence address, the notary shall deliver 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, giving both old and new names and the effective date of the new name. (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 have 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 the Confirmation has been obtained; and 22 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC (4) The surety for the notary’s bond has been informed 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 Attorney General, by certified mail or other means providing a receipt, a signed notice of the loss or theft, and inform the appropriate law enforcement agency in the case of theft. § 33553. Resignation. A notary who resigns a notarial commission shall deliver to the Attorney General, by certified mail or other means providing a receipt, a notice indicating the effective date of resignation. 2015 NOTE: Subsection designation was removed to adhere to the 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 official seal; and (2) Within thirty (30) days of the after the effective date of resignation, revocation or expiration, deliver to the Attorney General, by certified mail or other means providing a receipt, the notarial journal and records. § 33555. Death. If a notary dies during the term of commission, the notary’s heirs or legal representative, as soon as reasonably practical after death, shall deliver to the Attorney General by certified 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 the Compiler’s alpha-numeric scheme in accordance with the authority granted by 1 GCA § 1606. § 33556. Copying Fees. 23 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC Notwithstanding 5 GCA § 10203, or any other law, the Attorney General may charge a copying fee not to exceed Two Dollars ($2) for the first page of any requested document under this Chapter, such as Notarial Commissions, Certificates of Authority and the Model Notary Law, not to exceed One Dollar ($1) for each additional page. All fees shall be deposited into the Fund. 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 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents of October 5, 1961; or (3) An Apostille as specified by the Hague Convention must be attached to any document requiring authentication that is sent to a nation that has signed and ratified 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 of Guam affixed thereto by I Segundu na Maga’lahi (the Lieutenant Governor). When issuing an Apostille, the Department 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) nonrefundable fee for a Certificate of Authority. The Department of Administration may charge a Fifty Dollar ($50) non-refundable fee for 24 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC 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 by P.L. 30-059:4 (Nov. 25, 2009). § 33602. Certificate of Authority. A certificate of authority evidencing the authenticity 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 person named in the seal and signature on the attached document(,) is a notary public for the Territory of Guam, U.S.A., and was authorized to act as such at the time of the document’s notarization. To verify this Certificate of Authority for a Notarial 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. acting in the capacity of _________________________ 4. bears the seal/stamp of _________________ 25 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC CERTIFIED 5. at ____________ 6. the __________________ 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 authorized to administer oaths by the Uniform Code of Military Justice, may administer oaths and affirmations, take depositions, affidavits and acknowledgements of deeds, grants, transfers and other instruments of writing, and powers of attorney, of any person who for the time being is on active duty with the Armed Forces of the United States, in the same manner as a Notary Public. Any oath or affirmation administered, or deposition or affidavit taken, or acknowledgment certified by such officer hereunder, if otherwise in accordance with law, shall be effectual for all purposes as if administered, taken or certified by a Notary Public appointed and commissioned under this Chapter. NOTE: Section 2 of P.L. 21-106 (May 20, 1992) stated: Effective date. This Act shall go into effect ninety (90) days after its approval, except that the Attorney General shall forthwith prepare the necessary examinations and cause to be promulgated the necessary rules and regulations governing the procedures set out in this Act. 26 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 33 NOTARIES PUBLIC --------- 27 COL622016
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