FSMC, TITLE 32.  BUSINESS REGULATION

CHAPTER 4
Notaries Public

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SUBCHAPTER I
General Provisions

SECTIONS

§ 411. Appointment; Term; Removal; Reporting of change of status.
§ 412. Rules and regulations.
§ 413. Application; Qualifications; Oath.
§ 414. Filing and certification of commission, seal, and signature.
§ 415. Official bond; Appointment of agent for service of process.
§ 416. Liabilities of notary and surety on bond.
§ 417. Compliance with chapter required—Penalties.

§ 411. Appointment; Term; Removal; Reporting of change of status.

(1) The High Commissioner may in his discretion appoint and commission such numbers of notaries public for the Trust Territory as he shall deem necessary for the public good and convenience.

(2) The term of office of a notary public shall be two years from the date of his commission, unless sooner removed by the High Commissioner on recommendation of the Attorney General made on findings of cause after due hearing; provided, that after due hearing the commission of a notary public may be revoked by the High Commissioner in any case where any change shall occur in such notary’s office, occupation or employment which in the judgment of the High Commissioner renders the holding of such commission no longer necessary for the public good and convenience.

(3) Each notary shall, upon any change in his office, occupation or employment, forthwith report the same to the Attorney General.

Source: TT Code 1966 § 1075; TT Code 1970, 31 TTC 201; TT Code 1980, 31 TTC 201.

Cross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code.

§ 412. Rules and regulations.

(1) The Attorney General, with the approval of the High Commissioner shall have power to prescribe such rules and regulations having the force and effect of law as he may deem advisable concerning the appointment and duties of notaries public and the administration of this chapter.

(2) The Attorney General shall file a copy of such rules and regulations with each district Clerk of Courts.

Source: TT Code 1966 § 1082; TT Code 1970, 31 TTC 202; TT Code 1980, 31 TTC 202.

Cross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code.

§ 413. Application; Qualifications; Oath.

(1) Except as otherwise provided in this chapter, application for a commission as notary public for the Trust Territory shall be submitted to the Attorney General and must be accompanied by two letters of recommendation.

(2) Every person appointed a notary public must be, at the time of his appointment, of good character, at least 25 years of age, and a permanent resident of the Trust Territory who has resided in it for at least three years, or a United States citizen, resident in the Trust Territory and employed by the United States Government or by a contractor engaged in work for the United States Government in the Trust Territory.

(3) Every person appointed a notary public shall, before acting in that capacity, take and subscribe an oath for the faithful discharge of his duties, which oath may be taken before a District Administrator, a judge, a Clerk of Courts, or other official authorized to administer oaths. This oath shall be executed in duplicate. The original shall be filed in the Office of the Attorney General and a duplicate original filed in the Office of the Clerk of Courts for the district or districts in which said notary shall be acting.

Source: TT Code 1966 § 1076; TT Code 1970, 31 TTC 203; TT Code 1980, 31 TTC 203.

Cross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code. The statutory provisions on the FSM Supreme Court are found in title 4 of this code.

Editor’s note: Subsections (1) and (2) were originally one subsection prior to the 1982 edition of this code.

§ 414. Filing and certification of commission, seal, and signature.

(1) It shall be the duty of each person appointed and commissioned a notary public under the provisions of this chapter to forthwith file a literal or photostatic copy of his commission, an impression of his seal, and a specimen of his official signature with the Clerk of Courts of each district for and in which he decides to act. Thereafter, such Clerk, when so requested, shall certify to the official character and acts of any such notary public whose commission, impression of seal, and specimen of official signature is filed in his office.

(2) The Clerk of Courts of each district shall charge and receive a fee of one dollar for filing a copy of a commission and a fee of 25 cents for filing each certificate of authentication.

Source: TT Code 1966 § 1078, 1083; TT Code 1970, 31 TTC 204; TT Code 1980, 31 TTC 204.

Cross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code. The statutory provisions on the FSM Supreme Court are found in title 4 of this code.

§ 415. Official bond; Appointment of agent for service of process.

(1) Each notary public forthwith and before entering upon the duties of his office may, at the discretion of the High Commissioner, be required to execute at his own expense, an official surety bond in a sum not exceeding $1,000.

(2) The obligee of each bond shall be the Trust Territory and the condition contained therein shall be that the notary public will well, truly, and faithfully perform all the duties of his office which are then and may thereafter be required, prescribed, or defined by law or by any rule or regulation made under the express or implied authority of any law of the Trust Territory, and all duties and acts are undertaken, assumed or performed by the notary public by virtue or color of his office.

(3) The surety on any such bond shall be a surety company approved by the High Commissioner. (4) The notary public by accepting his commission, and the surety company by issuing the bond, thereby agree and appoint the District Administrator of any district in which the notary public performs any official act as his agent to accept service of process on his behalf for any purpose.

(5) After approval, the bond shall be deposited and kept in the Office of the Attorney General, who will certify to the Clerk of Courts in the district in which the notary public is commissioned that the bond has been accepted and filed in proper form.

Source: TT Code 1966 § 1079; TT Code 1970, 31 TTC 205; TT Code 1980, 31 TTC 205.

Cross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code. The statutory provisions on the FSM Supreme Court are found in title 4 of this code.

§ 416. Liabilities of notary and surety on bond.

For the official misconduct of a notary public or breach of any of the conditions of his official bond, he and the surety on his official bond shall be liable to the party injured thereby for all damages sustained. Such party shall have a right of action in his own name and upon such bond and may prosecute the same to final judgment and execution.

Source: TT Code 1966 § 1080; TT Code 1970, 31 TTC 206; TT Code 1980, 31 TTC 206.

Case annotation: The act of notarizing a document is in itself a verification of the identity and signature of the person who signed the document. If an affiant is not present, however, the notary cannot make the necessary verifications and should under no circumstances notarize the document, and is subject to liability for misconduct of a notary public. Peter v. Jessy, 17 FSM R. 163, 174 (Chk. S. Ct. App. 2010).

§ 417. Compliance with chapter required; Penalties.

(1) No person shall be qualified to act as a notary public or shall enter upon any of the duties of such office, or offer or assume to perform any such duties until he shall have fully complied with the requirements of this chapter.

(2) Any person willfully violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, such person shall be punished by a fine of not more than $500, or by imprisonment for not more than one year, or both.

(3) Nothing in this section shall be construed to restrict or to do away with any liability for civil damages.

Source: TT Code 1966 § 1081; TT Code 1970, 31 TTC 207; TT Code 1980, 31 TTC 207.