Iowa Law on Notarial Acts deals with laws relating to notaries public.  Pursuant to Iowa Code § 9E.3, the secretary of state may appoint residents of Iowa as notaries public and may revoke an appointment for cause.  The secretary of state shall appoint members of the general assembly as notaries public, upon request, and may revoke an appointment for cause.   The secretary of state may appoint as a notary public a resident of a state bordering Iowa if that person’s place of work or business is within the state of Iowa.  If a notary who is a resident of a state bordering Iowa ceases to work or maintain a place of business in Iowa, the notary commission expires.  A person shall not be appointed as a notary public by the secretary of state unless the person is at least eighteen years of age and not disqualified from voting[i].

Pursuant to Iowa Code § 9E.4, the term of a notary public who is an Iowa resident is three years. The term of a notary who is a resident of a state bordering Iowa and whose place of work or business is in Iowa, is one year. The term of a notary who is a member of the general assembly is the member’s term of office.

The secretary of state, two months preceding the expiration of a commission, notifies the notary public of the expiration date and furnishes a blank application for reappointment[ii].

Pursuant to Iowa Code § 9E.6, before a commission is delivered to a person appointed as a notary public, the person shall:

1)  Complete an application for appointment as a notary public on a form prescribed by the secretary of state.
2)  Remit the sum of $30 to the secretary of state. However, persons appointed as notaries public under section 9E.3, subsection 2, are not subject to the fee.

When the secretary of state determines that the above requirements are satisfied, the secretary executes and delivers a certificate of commission to the person appointed.

Pursuant to Iowa Code § 9E.6A,each person performing a notarial act must acquire and use a stamp or seal.  However, this section doles not apply to a notarial act performed by a judicial officer. if the notarial act is performed in accordance with state or federal statutory authority, and does not apply to a certification by a chief officer or a chief officer’s designee of a peace officer’s verification of a uniform citation and complaint.  The stamp or seal as required in this section shall contain all of the following:

1)  For a person appointed as a notary public pursuant to section 9E.3, all of the following:

(i)  The words “Notarial Seal” and “Iowa”.
(ii)  The person’s name.
(iii)  The words “Commission Number” followed by a number assigned to the notary public by the secretary of state.
(iv)  The words “My Commission Expires” followed either by the date that the notary public’s term would ordinarily expire as provided in section 9E.4 or a blank line.  If the seal or stamp contains a blank line, the person must print the date that the notary public’s term would ordinarily expire on the blank line imprinted on each document, instrument, or paper subject to a notarial act.

2)  For any other person, all of the following:

(i)  The words “Notarial Seal” and “Iowa”.
(ii)  The person’s name.
(iii)  The person’s title under which the person may perform a notarial act under section 9E.10.

Pursuant to Iowa Code § 9E.7, if the commission of a person appointed notary public is revoked by the secretary of state, the secretary must immediately notify the person through the mail.  The notice must state the cause of the revocation and must inform the person of the right to a hearing on the revocation.

Pursuant to Iowa Code § 9E.8, a notary public may exercise reasonable discretion in performing or declining to perform notarial services, but a notary must not condition the performance of notarial services upon the requirement that the person served be a customer or client of the establishment by which the notary is employed.  The employer of a notary public must not condition the performing of notarial services upon the requirement that the person served be a customer or client of the establishment by which the notary is employed.

Pursuant to Iowa Code § 9E.9, in taking an acknowledgment, verification or in witnessing or attesting a signature,  the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary and making the acknowledgment, verification or in witnessing or attesting a signature, is the person whose true signature is on the instrument.  In certifying or attesting a copy of a document or other item, the notarial officer must determine that the copy is a full, true, and accurate transcription or reproduction of that which was copied.  In making or noting a protest of a negotiable instrument, the notarial officer must determine whether there is evidence of dishonor.  A notarial officer has satisfactory evidence that a person is the person whose true signature is on a document in any of the following circumstances:

1)  The person is personally known to the notarial officer.
2)  The person is identified upon the oath or affirmation of a credible witness personally known to the notarial officer.
3)  The person is identified on the basis of identification documents.

Pursuant to Iowa Code § 9E.9A, an instrument in writing to which is attached a defective certificate of acknowledgment attached by a notary public more than ten years earlier is valid, legal and binding as if the instrument had been properly acknowledged by the notary public.

Pursuant to Iowa Code § 9E.10,a notarial act may be performed within Iowa by the following persons:

1)  A notary public appointed by the secretary of state pursuant to section 9E.3.

2) A judge, clerk, or deputy clerk of a court of Iowa.
3) A person authorized by the law of Iowa to administer oaths.

4) Any other person authorized to perform the specific act by the law of Iowa.

5) A registrar of vital statistics or a designee of a registrar of vital statistics.

Notarial acts performed within Iowa under federal authority have the same effect as if performed by a notarial officer of Iowa.  The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

Pursuant to Iowa Code § 9E.10A, the validity of a notarial act must not be affected or impaired by the fact that the notarial officer performing the notarial act is an officer, director, or shareholder of a corporation that may have a beneficial interest or other interest in the subject matter of the notarial act.

Pursuant to Iowa Code § 9E.11, a notarial act has the same effect under the law of Iowa as if performed by a notarial officer of Iowa, if the notarial act is performed in another state, commonwealth, territory, district, or possession of the United States by any of the following persons:

1)  A notary public of that jurisdiction.
2)  A judge, clerk, or deputy clerk of a court of that jurisdiction.
3)  Any other person authorized by the law of that jurisdiction to perform notarial acts.

Notarial acts performed in other jurisdictions of the United States under federal authority as provided in section 9E.12 have the same effect as if performed by a notarial officer of Iowa.  The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

Pursuant to Iowa Code § 9E.12, a notarial act has the same effect under the law of this state as if performed by a notarial officer of Iowa, if the notarial act is performed anywhere by any of the following persons under authority granted by the law of the United States:

1)  A judge, clerk, or deputy clerk of a court.
2)  A commissioned officer on active duty in the military service of the United States.
3)  An officer of the foreign service or consular officer of the United States.
4)  Any other person authorized by federal law to perform notarial acts.

The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

Pursuant to Iowa Code § 9E.13, a notarial act has the same effect under the law of Iowa as if performed by a notarial officer of Iowa, if the notarial act is performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by any of the following persons:

1)  A notary public or notary.
2)  A judge, clerk, or deputy clerk of a court of record.
3)  Any other person authorized by the law of that jurisdiction to perform notarial acts.

An “apostille” in the form prescribed by the Hague convention of October 5, 1961, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.  A certificate by a foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by a foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act set forth in the certificate.    An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the indicated title.  An official stamp or seal of an officer listed in subsection 1, paragraph “a” or “b”, is prima facie evidence that a person with the indicated title has authority to perform notarial acts.  If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

Pursuant to Iowa Code § 9E.14, a notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and must include the official stamp or seal of the office.  If the notarial officer is a commissioned officer on active duty in the military service of the United States, the certificate must also include the officer’s rank.

Pursuant to Iowa Code § 9E.17, the secretary of state has the power and authority reasonably necessary to administer this chapter efficiently and to perform the duties imposed upon the secretary of state.  This power and authority includes rulemaking authority to provide for reciprocity in recognizing notarial acts performed under any other jurisdiction.

[i] Iowa Code § 9E.3.

[ii] Iowa Code § 9E.5.