YSC, Title 22.  Business & Professions
 
 
 
Chapter 8.  Notaries Public

801.   Short title.
802.   Purpose.
803.   Scope and application.
804.   Appointment; tenure.
805.   Qualifications; oath.
806.   Seal.
807.   Filing copy of commission with Clerk of Court.
808.   Acts prohibited; penalty.
809.   Liabilities.
810.   Regulations.
811.   Fees.
812.   Powers of notary public.
813.   Records; as evidence.
814.    Disposition of records.
815.   Fees for services of notary public.
816.   Notaries not entitled to fees.
817.   Severability.

     801.  Short title.
     This chapter shall be known and may by cited as the "Notaries Public Act".

Source:  YSL 2-21 1, modified.

     802.  Purpose.
     The purpose of this chapter is to provide for the appointment and regulation of notaries public, so that the people of the State of Yap may be able to certify documents when required or desirable, and to insure the reliability of said certifications.

Source:  YSL 2-21 2, modified.

     803.  Scope and application.
     The provisions of this chapter, and any regulations which may be promulgated hereunder, are applicable to all persons acting as, or wishing to be notaries public in the State of Yap.  All persons claiming to be notaries public prior to, and on the effective date of this chapter, wishing to continue in that capacity in this State, shall be fully bound by this chapter and any applicable regulations, notwithstanding their previous capacity.

Source:  YSL 2-21 3, modified.

     804.  Appointment; tenure.
     The Attorney General may, in his discretion, appoint and commission such number of notaries public for the State as he deems necessary for the public good and convenience.  The term of a notary public shall be four years from the date of his commission, unless sooner removed by the Attorney General for cause; in addition, the Attorney General may revoke the commission of a notary public in any case where any change occurs in the notary's office, occupation, residence, or employment which in his judgment renders the holding of such commission by the notary no longer necessary for the public good and convenience.  Each notary shall immediately report to the Attorney General any change in office, occupation, residence, or employment.

Source:  YSL 2-21 4, modified.

Cross-reference:  The statutory provision on the composition and responsibilities of the Office of the Attorney General is found in section 128 of Title 3 (Executive) of this Code.

     805.  Qualifications; oath.
     Every person appointed a notary public shall, at the time of the appointment, be a resident of the State, be trustworthy and of good moral character, and be at least 18 years of age.  Every person appointed a notary public shall, at the time of his appointment, take and subscribe an oath for the faithful discharge of his duties, which oath shall be filed in the Office of the Attorney General.

Source:  YSL 2-21 5, modified.

     806.  Seal.
     Every notary public shall keep a seal, upon which shall be engraved his name and the words "notary public" and "State of Yap".  A notary public shall authenticate all official acts, attestations, certificates, and instruments with this seal, along with his signature and a statement showing the date of the expiration of his commission. Upon resignation, death, expiration of term without reappointment, or removal of or abandonment of commission, a notary public shall immediately deliver his seal to the Attorney General who shall deface or destroy the same.  Failure to deliver the seal as required above shall subject the notary public to a fine not more than $200.00, in addition to any other civil liability which may result.

Source:  YSL 2-21 6, modified.

Cross-reference:  The statutory provision on the composition and responsibilities of the Office of the Attorney General is found in section 128 of Title 3 (Executive) of this Code.

     807.  Filing copy of commission with Clerk of Court.
     Each person appointed and commissioned a notary public shall file a clear copy of his commission, an impression of his seal and a specimen of his official signature with the Clerk of Court of the State Court of Yap.  Upon request, any clerk shall certify to the official character and acts of any notary whose commission, impression of seal, and specimen of official signature is filed in the Clerk's Office.

Source:  YSL 2-21 7, modified.
 
Cross-reference:  The statutory provisions on the Judiciary are found in Title 4 of this Code.
 
     808. Acts prohibited; penalty.
     No person shall be qualified to act as a notary public or shall enter upon any of the duties of the office or offer or assume to perform any such duties until he has fully complied with each of the requirements of this chapter.  Any person willfully violating this section shall be fined not more than $500.00, or imprisoned not more than one year, or both.   Nothing in this section shall be construed to restrict any liability for civil damages.

Source:  YSL 2-21 8, modified.

     809.  Liabilities.
     For the official misconduct or neglect of a notary public, he shall be liable to the party injured thereby for all the damages sustained.

Source:  YSL 2-21 9, modified.

     810.  Regulations.
      The Attorney General, pursuant to the State Administrative Procedure Act, may prescribe such rules and regulations deemed advisable concerning the administration of this chapter, and the appointment and duties of notaries public. Such rules and regulations shall have the force and effect of law.

Source:   YSL 2-21 10, modified.

Cross-reference:   The statutory provisions of YSL 1-90, the State Administrative Procedure Act, are found in chapter 1 of Title 10 (Administrative Law) of this Code.

Commission Comment :  Reference to " . . .Yap State Law No. 1-90," is deleted as unnecessary.

     811.  Fees.
      The Attorney General shall charge and collect a fee in the amount of $15.00 for issuing the original commission, and $10.00 for a renewal of the commission.  All such fees collected shall be deposited with the Division of Finance to the credit of the General Fund.

Source:   YSL 2-21 11, modified.

Cross-reference:   The statutory provision on the composition and responsibilities of the Office of the Attorney General is found in section 128 of Title 3 (Executive) of this Code.  The statutory provision on the composition and responsibilities of the Office of Administrative Services that includes the Division of Finance is found in section 127 of Title 3 (Executive) of this Code.  The statutory provision on the General Fund of the State of Yap is found in section 1211 of Title 13 (Taxation and Finance) of this Code.
 
     812.  Powers of notary public.
      A notary public has the power and is authorized to administer oaths and affirmations, receive proof and acknowledgment of writings, and present and protest any type of negotiable paper, in addition to any other acts to be done by notaries public as provided by law.

Source:   YSL 2-21 12, modified.

     813.  Records; as evidence.
     Every notary public shall record at length in a book of records all acts, protests, depositions, and other things noted or done by him in his official capacity.  All copies or certificates granted by a notary public shall be under his hand and notarial seal, and shall be received as evidence of such transactions.

Source:   YSL 2-21 13, modified.

     814.  Disposition of records.
     The records of each notary shall each year on June 30 and upon the resignation, death, expiration of term of office, or removal from or abandonment of office, be deposited with the Clerk of Court for the State of Yap.  Should the notary public fail within 60 days to comply with this requirement, he shall be subject to a fine not more than $200.00, and may have his commission revoked.

Source:   YSL 2-21 14, modified.

Cross-reference:   The statutory provisions on the Judiciary are found in Title 4 of this Code.

     815.  Fees for services of notary public.
     Every notary public, except as provided in section 816 of this chapter, shall be entitled to demand and receive the following fees:

     (a)  For noting the protest of a mercantile paper, $2.00;

     (b)  For each notice and certified copy of protest, $2.00;

     (c)  For every deposition of official certificate, $2.00;

     (d)  For the administration of oath, including the certificate of such oath, $2.00;

     (e)  For affixing the certificate of the oath to every duplicate original instrument, twenty-five cents ($0.25);

     (f)  For taking any acknowledgment, $2.00 for each party signing; for every duplicate original, fifty cents ($0.50) for each person making the acknowledgment.

Source:  YSL 2-21 15, modified.
 
     816 Notaries not entitled to fees.
     A notary public who is also a paid employee of the State of Yap, and is permitted to perform services as a notary public during the working hours for which he is paid by the Government, shall not be entitled to demand or receive any fees for services performed as a notary public during such hours or for such services performed at any other time which are in connection with or in aid of his regular employment.

Source:  YSL 2-21 16, modified.

     817.  Severability.
      If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

Source:   YSL 2-21 17, modified.