Colorado UPL Statute Summary
Colorado Revised Statutes 24-21-525. Revised Uniform Law on Notarial Acts - Penalties.
1. A commission as a notary public does not authorize an individual to:
- Assist persons in drafting legal records, give legal advice, or otherwise practice law;
- Act as an immigration consultant or an expert on immigration matters;
- Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or
- Receive compensation for performing any of the activities listed in this subsection (1).
2. A notary public shall not engage in false or deceptive advertising.
3. A notary public, other than an attorney licensed to practice law in this state, shall not use the term "notario" or "notario publico".
4. A notary public, other than an attorney licensed to practice law in this state, shall not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in the state of Colorado and I may not give legal advice or accept fees for legal advice. I am not an immigration consultant, nor am I an expert on immigration matters. If you suspect fraud, you may contact the Colorado attorney general's office or the Colorado supreme court." If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection (4) because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
5. A notary public, other than an attorney licensed to practice law in this state, shall not engage in conduct that constitutes a deceptive trade practice pursuant to section 6-1-727.
6. Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.
7. A notary public shall not perform any notarial act with respect to a record that is blank or that contains unfilled blanks in its text.
Licensing Agency UPL Awareness
A notary complaint form can be accessed here. For more resources from the Secretary of State page, use this link.
Enforcement Mechanisms/Complaint Processes for UPL
Possible liability under the Colorado Consumer Protection Act, which can be found here. One must contact the Attorney General’s office, which will allow the Better Business Bureau to handle the complaint. A consumer complaint may be filed online here.
One may contact the Colorado Bar Association’s Unauthorized Practice of Law Committee. The 2017 Annual Report of the Colorado Supreme Court Office of Attorney Regulation Counsel states:
“The Unauthorized Practice of Law Committee may direct trial counsel to seek a civil injunction by filing a petition with the Supreme Court or, in the alternative, offer the respondent an opportunity to enter into a written agreement to refrain from the conduct in question, to refund any fees collected, and to make restitution.
Additionally, trial counsel may institute contempt proceedings against a respondent that is engaged in the unauthorized practice of law. See C.R.C.P. 238. In 2017, the Unauthorized Practice of Law Committee took action on 18 unauthorized practice of law matters, and 34 complaints were dismissed by Regulation Counsel, for a total of 52 completed matters. See Table 28.”
See Colo. RPC. Rule 5.5. Unauthorized Practice of Law: Multijurisdictional Practice of Law.
Contact Information for Relevant Agencies
Attorney General:
Consumer Protection Section, UCCC
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 6th Floor
Denver, CO 80203
Consumer Complaints, Notifications, & Information:
Tel: (720) 508-6012
Fax:(720) 508-6033
Email: uccc@coag.gov
Colorado Bar Association:
1900 Grant Street, Suite 900
Denver, CO 80203
Tel: (303) 860-1115
Secretary of State:
1700 Broadway, Suite 200
Denver, CO 80290
Tel: (303) 894-2200 & press 4
Fax: (303) 869-4871
Email: notary@sos.state.co.us
Becoming a Notary Public
- To be eligible to be a notary public in Colorado, one must:
- Be18 years of age or older,
- Bea citizen or permanently legal resident of the United States or otherwise lawfully present in the United States,
- Be a resident or have a place of employment or practice in Colorado,
- Read and write the English language,
- Not be disqualified to receive a commission under section 24-21-523 (I) including:
- Have never been convicted of a felony
- Have not been convicted of a misdemeanor involving dishonesty in the past five years
- Have never had a notary commission revoked, and
- Have passed the Colorado notary exam after completing training.
- Apply online and attach scanned copies of:
- Affirmation (PDF) form signed and notarized,
- Both sides of acceptable identification,
- Notary training certificate,
- Notary exam certificate, and
- If you are not a U.S. citizen, a copy of both sides of your permanent resident card or visa.
The filing fee can be paid online by credit or debit card.
See the Fee schedule.
The application and supporting materials must be scanned and submitted online, accessible here.
The Secretary of State has a search tool of issued commissions or to locate any current Colorado notary, which can be accessed here.
