41-261. Notarial act under federal authority

A. A notarial act performed under federal law has the same effect under the laws of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by any of the following:

1. A judge, clerk or deputy clerk of a court.

2. An individual who is in military service or performs duties under the authority of military service and who is authorized to perform notarial acts under federal law.

3. An individual who is designated a notarizing officer by the United States department of state for performing notarial acts overseas.

4. Any other individual who is authorized by federal law to perform the notarial act.

B. The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.

C. The signature and title of a notarial officer described in subsection A, paragraph 1, 2 or 3 of this section conclusively establish the authority of the notarial officer to perform the notarial act.