KSC, TITLE 15. COMMERCE
Chapter 4. Notaries Public
Section 15.401. Appointment; term; removal; reporting of
change of status.
(1) The Governor may commission a notary public for the State when he finds it necessary for the public good and convenience.
(2) The term of office of a notary public is two years from the date of his commission, unless sooner removed by the Governor on recommendation of the Attorney General made on a finding of cause following a hearing. A cause for removal is a change in a notary's office, occupation, or employment which in the Governor's judgment renders the holding of a commission no longer necessary for the public good and convenience.
(3) A notary public promptly notifies the Attorney General of a change in his office, occupation, or employment.
Section 15.402. Regulation.
By regulation the Attorney General provides
for the commission and duties of a notary public and the administration of this
Section 15.403. Application; qualifications; oath.
(1) Except as otherwise provided in this chapter, a person applies for a commission as notary public to the Attorney General with two letters of recommendation. A person commissioned a notary public is at the time of commission: of good character, at least twenty five years of age, and a domicil iary who has resided in the State for three years.
(2) Upon commission as a notary public a person takes and subscribes an oath for the faithful discharge of his duties.
Section 15.404. Filing and certification of commission, seal
(1) A person commissioned a notary public pursuant to this chapter promptly files a literal or photostatic copy of the commission, an impression of his seal, and a specimen of his official signature with the Clerk of Courts. The Clerk authenticates the official character of an act of a notary public whose commission, impression of seal, and specimen of official signature he has received.
(2) The Clerk of Courts receives a fee of one dollar for the filing of a copy of a commission and a fee of twenty-five cents for filing a certificate of authentication.
(1) The Governor may [require] that, before entering upon the duties of office, a notary public execute at his own expense a formal surety bond in an amount not exceeding one thousand dollars.
(2) The Government is the obligee of a bond. The conditions of the bond are that the notary public truly and faithfully performs the duties of office and duties and acts undertaken or performed by the notary public by virtue of color of office. The surety on a bond is a surety company approved by the Governor. The notary public by accepting his commission, and the surety company by issuing the bond, agree and appoint the Governor as an agent to accept service of process on their behalf. The Office of the Attorney General has custody of a bond, informing the Clerk of Courts that the bond is in its custody and in proper form.
(3) For the misconduct of a notary public or breach of a condition of a bond a notary public and the surety of the bond are liable to the party injured thereby for all damages sustained who has a right of action in his own name on the bond.
Section 15.406. Compliance with chapter.
A person qualified to act as a notary
public does not enter upon the duties of office or offer or assume to perform a
duty until he has fully complied with this chapter.
A notary public exercises his duties
only within the State. A person commissioned as a notary public outside the
State may not act as a notary public in the State.
A duly authorized notary public has the
power and duty to administer an oath or affirmation, receive proof and
acknowledgment of a writing, and present and protest commercial paper.
(1) A notary public has a seal of office, which may be a rubber stamp or impression seal, on which appears his name and the words "notary public" and "State of Kosrae". He authenticates an official act, attestation, certificate and instrument with the seal.
(2) Upon resignation, death, expiration of term of office without reappointment, removal from or abandonment of office, or change of residence from the State, he immediately delivers his seal to the Attorney General who defaces or destroys it. By failing for sixty days to comply with paragraph (1) a notary public or his executor forfeits to the State an amount not exceeding two hundred dollars, for recovery in an action brought by the Attorney General on the State's behalf.
(1) A notary public records at length in a book of records an act, protest, deposition, or other act noted by him or done in his official capacity. A certificate granted by him is under his hand and notarial seal and is evidence of a transaction.
(2) A notary public deposits with the Clerk of Courts his records of each year on the thirtieth day of June, or upon his resignation, death, expiration of term of office, removal from or abandonment of office, or change of residence from the State.
(3) By failing for sixty days to comply with paragraph (2) the notary public or his executor forfeits to the State not less than ten nor more than one hundred dollars, for recovery in an action brought by the Attorney General on behalf of the State.
(1) Except as provided in subsection 2, a notary public is entitled to receive the following fees:
(a) noting the protest of mercantile paper, one dollar;
(b) a notice and certified copy of protest of mercantile paper, one dollar;
(c) noting a protest other than of mercantile paper, two dollars;
(d) a notice and certified copy of protest other than of mercantile paper, two dollars;
(e) a deposition or official certificate, two dollars;
(f) administration of an oath, including the certificate of oath, twenty-five cents;
(g) affixing the certificate of an oath to a duplicate original instrument in excess of four, fifteen cents;
(h) taking an acknowledgment, fifty cents for each signatory; and
(i) affixing his certificate of acknowledgment to a duplicate original, beyond one of an instrument acknowledged before him, in excess of one, twenty-five cents for each person making the acknowledgment.
(2) A notary public who is an employee of the national government or the Government and is permitted to perform services as a notary public during the working hours for which he receives compensation is not entitled to receive a fee for services performed as notary public during those hours or for services performed at another time in connection with, or in aid of, the employment.