GCA Title 5, Chapter 33
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CHAPTER 33 NOTARIES PUBLIC
SOURCE: Entire Chapter enacted by P.L. 21-106:2 (May 29, 1992). 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.
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:
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(a) To promote, serve, and protect the public interest; (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 the 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 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.
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(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. (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
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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) 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
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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
- § 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 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:
- Be at least eighteen (18) years of age;
- Reside on Guam;
- Read and write English;
- 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;
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(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.
§ 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
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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
§ 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 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.
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2015 NOTE: Subsection designations were altered to reflect the 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, 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 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 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:
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”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.
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.
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2015 NOTE: Subsection designations were altered to reflect the Compiler’s alpha-numeric 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 nu