10 U.S.C. § 1044a — Authority to act as notary

Page 930 TITLE 10—ARMED FORCES § 1044a ‘‘(1) a violation of section 928(b), 928b(1), 928b(5), or 930 of title 10, United States Code (article 128(b), 128b(1), 128b(5), or 130 of the Uniform Code of Military Justice), when committed against a spouse, intimate partner, or immediate family member; ‘‘(2) a violation of any other provision of subchapter X of chapter 47 of such title (the Uniform Code of Military Justice), when committed against a spouse, intimate partner, or immediate family member; or ‘‘(3) an attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).’’ § 1044a. Authority to act as notary (a) The persons named in subsection (b) have the general powers of a notary public and of a consul of the United States in the performance of all notarial acts to be executed by any of the following: (1) Members of any of the uniformed serv- ices. (2) Other persons eligible for legal assistance under the provisions of section 1044 of this title or regulations of the Department of De- fense. (3) Persons serving with, employed by, or ac- companying the armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (4) Other persons subject to the Uniform Code of Military Justice (chapter 47 of this title) outside the United States. (b) Persons with the powers described in sub- section (a) are the following: (1) All judge advocates, including reserve judge advocates when not in a duty status. (2) All civilian attorneys serving as legal as- sistance attorneys. (3) All adjutants, assistant adjutants, and personnel adjutants, including reserve mem- bers when not in a duty status. (4) All other members of the uniformed serv- ices, including reserve members when not in a duty status, who are designated by regulations of the uniformed services or by statute to have those powers. (5) For the performance of notarial acts at locations outside the United States, all em- ployees of a military department or the Coast Guard who are designated by regulations of the Secretary concerned or by statute to have those powers for exercise outside the United States. (6) All civilian paralegals serving at military legal assistance offices, supervised by a mili- tary legal assistance counsel (as defined in section 1044d(g) of this title). (c) No fee may be paid to or received by any person for the performance of a notarial act au- thorized in this section. (d) The signature of any such person acting as notary, together with the title of that person’s offices, is prima facie evidence that the signa- ture is genuine, that the person holds the des- ignated title, and that the person is authorized to perform a notarial act. (Added Pub. L. 101–510, div. A, title V, § 551(a)(1), Nov. 5, 1990, 104 Stat. 1566; amended Pub. L. 104–201, div. A, title V, § 573, Sept. 23, 1996, 110 Stat. 2534; Pub. L. 107–107, div. A, title XI, § 1103, Dec. 28, 2001, 115 Stat. 1236; Pub. L. 114–328, div. A, title V, § 523(b), Dec. 23, 2016, 130 Stat. 2116; Pub. L. 116–259, title II, § 205(b)(1), Dec. 23, 2020, 134 Stat. 1167.) Editorial Notes AMENDMENTS 2020—Subsec. (a)(1). Pub. L. 116–259, § 205(b)(1)(A), sub- stituted ‘‘uniformed services’’ for ‘‘armed forces’’. Subsec. (b)(4). Pub. L. 116–259, § 205(b)(1)(B), sub- stituted ‘‘uniformed services’’ for ‘‘armed forces’’ in two places. 2016—Subsec. (b)(6). Pub. L. 114–328 added par. (6). 2001—Subsec. (b)(2). Pub. L. 107–107, § 1103(a), sub- stituted ‘‘legal assistance attorneys’’ for ‘‘legal assist- ance officers’’. Subsec. (b)(5). Pub. L. 107–107, § 1103(b), added par. (5). 1996—Subsec. (b)(1). Pub. L. 104–201, § 573(1), sub- stituted ‘‘, including reserve judge advocates when not in a duty status’’ for ‘‘on active duty or performing in- active-duty training’’. Subsec. (b)(3). Pub. L. 104–201, § 573(2), substituted ‘‘adjutants, including reserve members when not in a duty status’’ for ‘‘adjutants on active duty or per- forming inactive-duty training’’. Subsec. (b)(4). Pub. L. 104–201, § 573(3), substituted ‘‘members of the armed forces, including reserve mem- bers when not in a duty status,’’ for ‘‘persons on active duty or performing inactive-duty training’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1044b. Military powers of attorney: requirement for recognition by States (a) INSTRUMENTS TO BE GIVEN LEGAL EFFECT WITHOUT REGARD TO STATE LAW.—A military power of attorney— (1) is exempt from any requirement of form, substance, formality, or recording that is pro- vided for powers of attorney under the laws of a State; and (2) shall be given the same legal effect as a power of attorney prepared and executed in ac- cordance with the laws of the State concerned. (b) MILITARY POWER OF ATTORNEY.—For pur- poses of this section, a military power of attor- ney is any general or special power of attorney that is notarized in accordance with section 1044a of this title or other applicable State or Federal law. (c) STATEMENT TO BE INCLUDED.—(1) Under regulations prescribed by the Secretary con- cerned, each military power of attorney shall contain a statement that sets forth the provi- sions of subsection (a). (2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a military power of attorney that does not include a statement described in that paragraph. (d) STATE DEFINED.—In this section, the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.