2017 Notary Law Updates
| 2017 Adopted/Enacted Notary Legislation Page Last Updated: 2.14.2018 |
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ALASKA - HB 8 The bill: • Amends Alaska Statutes Section 13.06.050 with the addition of new language that has the effect of allowing a power of attorney to be signed using an electronic signature. (See Section 3 of the bill.)
• Creates Alaska Statutes Section 13.26.357 concerning execution of a power of attorney. (See Section 24 of the bill.) For a power to attorney to be valid, the principal must (1) sign the power of attorney or, if the principal is physically unable to sign, direct another individual to sign the principal’s name on the power of attorney in the “conscious presence” of the principal; and (2) acknowledge his or her signature before a notary public or other individual authorized to take acknowledgments.
• Clarifies intent by providing that notaries public “may consider that the principal has signed a power of attorney” if the principal is physically unable to sign the power of attorney and, in the presence of the notary, directs another individual to sign pursuant to Alaska Statutes Section 13.26.357(a)(1).
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ARIZONA - SB 1078 Transfers, renumbers and revises Arizona Revised Statutes (ARS) Section 18-442 dealing with electronic and digital signatures. This transferred statutory section applies (and will continue to apply) to other Arizona Revised Statutes provisions addressing electronic notaries and electronic notary signatures.
• Section 18-442, ARS, currently categorized as a Network Services matter under the Secretary of State, is transferred and renumbered. Upon the effective date of SB 1078, the former ARS Section 18-442 will be categorized as a Government Information Technology matter under the Department of Administration, and will be renumbered as ARS Section 18-106.
• New language in ARS Section 18-106 provides authority to the Department of Administration, in consultation with the State Treasurer, to adopt policies or rules for use of electronic and digital signatures by all state agencies, boards and commissions for documents filed with and by those bodies.
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| ARKANSAS - HB 1479 Effective 08.04.2017 View this bill Creates the Arkansas Electronic Notary Public Act. Codifies numerous provisions of existing administrative rules for electronic notarial acts. Implements new provisions.
Highlights (please read bill for complete details):
1. Defines key terms including (not limited to): • “Electronic notary public” means a notary public who has registered with the Secretary of State and possesses the capability of performing electronic notarial acts. (See “registration” below.) • “Electronic notarial act” means an official act by a notary public performed with respect to an electronic document, and using electronic means authorized by the Secretary of State. Such acts include taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument. • “Notary public electronic signature” means the forms of electronic signatures approved by the Secretary of State for use by an electronic notary public. • “Electronic notarial certificate” and “electronic notary seal” (or “official electronic seal”) are defined and required elements for each are specified. • “Electronic notary seal or official electronic seal” mean information within a notarized document that includes specified information about the notary that generally corresponds to information conveyed by non-electronic notary seals. • “Physical proximity” means the principal and the notary are physically close enough to see, hear, communicate, and give identification credentials to each other without reliance on an electronic device such as a telephone, computer, video camera or facsimile machine. • “Registration” or “register” means a separate commission to perform electronic notarial acts. • “Tamper-evident” means any changes to an electronic document that display evidence of the change. 2. Provides qualifications for obtaining an Arkansas electronic notary commission. Applicants must already hold a (traditional) Arkansas notary commission, be in good standing, and execute qualification steps including successful completion of both an approved training course provided by the Secretary of State, and an exam approved by the Secretary of State. Electronic notaries must take refresher training every two years. Upon commission renewal, the notary must complete the same process as for initial commission application.
3. The terms of office for the traditional notary commission and the electronic notary commission are synced accordingly: An electronic notary commission term will begin on the date the applicant passes the examination, and will expire on the same date as his or her traditional notary commission. An electronic notary public commission term will not extend past the expiration date of the surety bond for the traditional notary public commission.
4. The Secretary of State must promulgate rules regarding the registration requirement (obtaining a separate electronic notary commission).
5. Signers must be physically present (see “physical proximity” in definitions) before the notary public for performance of an electronic notarial act.
6. When performing an electronic notarization, the notary must rely on the same methods of signer identification as those relied upon for a paper-based notarial act, except under no circumstances may an electronic notary base signer identification only upon familiarity with the signer’s electronic signature, or upon an electronic verification/authentication process, when the signer is not in the notary’s physical presence.
7. An electronic notarial act must be executed through a solution provider approved by the Secretary of State. The electronic notary must use an electronic signature and seal that is attached to (or associated with) the electronic notarial certificate in a tamper-evident manner (the technology behind the notary’s electronic signature and seal will show evidence of any change to the electronic document after it is notarized). The notary’s electronic signature is deemed to be reliable if it is unique to the electronic notary public; capable of independent verification; retained under the sole control of the notary; and is attached to (or associated with) the electronic document in a tamper-evident manner. The Secretary of State may rely on such tamper-evidence when determining whether an electronic notarial act is valid or invalid.
8. An electronic notary public’s electronic signature in combination with his or her electronic notary seal may be used only for performance of an electronic notarial act.
9. When performing electronic notarial acts, the electronic notary is subject to the same liability, sanctions and remedies under the law for improper performance of electronic acts as for performance of traditional (paper) notarial acts.
10. An electronic notary may charge fees that are reasonably established by the notary, and disclosed and agreed upon prior to performance of the electronic notarial act. An electronic notary is subject to a minimum $100 fine for violating these fee provisions.
--------------------------- ARKANSAS - HB 1450 Clarifies provisions of Arkansas law governing notaries public.
Replaces the statutorily-set schedule of fees a notary public may charge with authorization for the notary public to charge and collect fees of a “reasonable amount” as determined by the notary, so long as such fees are disclosed to and agreed upon by the client and principal prior to performance of the notarial act. A notary public is subject to a minimum $100 fine for violating these fee provisions.
Explicitly states that an employer shall not cancel the surety bond of a current or former employee notary public, even if the employer paid for the surety bond.
Clarifies that the notary public’s official signature is the signature on file with the Secretary of State at the time of signing.
Provides that a notary public may refuse to perform a notarial act for any reason, including when the principal: does not appear to understand the nature of the transaction requiring a notarial act; does not appear to be acting of his or her own free will; lacks the ability to sign using letters or characters of a language that is understood by the notary public; or is not able to communicate directly with the notary public in a language understood by both.
Provides specific procedural requirements for when a principal must sign with a mark, or is physically unable to sign.
Provides the specific requirements for a notary public to properly complete a notarial certificate:
• The certificate must be worded in English; • The certificate shall include the notary public’s official signature, official seal, venue of the notarial act, and date of the notarial act; • The certificate is incomplete if the information therein is known or believed by the notary public to be false; or the notary public affixes his or her official signature or seal to a notarial certificate that does not include all required elements; or the notary affixes his or her official signature or seal when the principal is not present; or the notary signs or seals a notarial certificate with the understanding that it will be completed or attached to a document outside of the notary’s presence. |
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CALIFORNIA - AB 2143 Amends California’s Electronic Recording Delivery Act.
Removes limitations on the types of records that may be electronically recorded. Current law allows for electronic recording of digitized electronic records that are instruments affecting a right, title or interest in real property (substitutions of trustee, assignments of deeds of trust and reconveyance deeds). This new law will allow for electronic recording of any “digital or digitized” electronic records that satisfy the recording requirements of Section 27201(a), Government Code. This change also means that any type of electronic, real property document that is acceptable for recording may also be electronically notarized by a California notary.
------------------------------ CALIFORNIA - AB 2566 NOTE: Section 1 of this bill was rendered inoperative (not effective) due to specific contingencies in this bill’s Section 2.
Amends California law dealing with satisfactory identification documents that may be relied upon by a notary public.
• Allows for reliance on a valid consular identification document, issued by a consulate from the applicant’s (signer’s) country of citizenship.
• Clarifies that a passport relied upon as satisfactory evidence of identification must be a valid passport from the applicant’s (signer’s) country of citizenship. • Removes the requirement that, in order to be acceptable as satisfactory evidence of identification, a passport must be stamped by the United States Citizenship and Immigration Services (USCIS). • Allows for reliance on identification cards issued by a federally recognized tribal government. • Retains existing requirements that all acceptable identification documents must continue to meet (current or issued within five years; contains a photograph and description of the card holder; is signed by the card holder; and bears a serial or other identifying number). ---------------------------------- CALIFORNIA - SB 974 Current law requires various, specified communications between the Secretary of State and notaries public to be made by certified mail. This bill’s provisions will allow the Secretary of State and notaries public to send these notices by certified mail or any other means of physical delivery that provides a receipt.
This amendment affects notifications:
• From the Secretary of State to a notary public, requesting information relating to a notarial act performed [Sec. 8205(b)(2) and Sec. 8311, Gov’t Code]. • From the notary public to the Secretary of State, informing of: a journal that is stolen, lost, misplaced, destroyed, damaged or rendered unusable [Sec. 8206(b), Gov’t Code] or informing of a journal relinquished to a peace officer [Sec. 8206(d), Gov’t Code)]; and informing of any change in the location or address of the notary’s principal place of business or residence [Sec. 8213.5, Gov’t Code]. Senate Bill 974 also provides that persons who have taken their California notary public oath of office before a notary public instead of the county clerk may file their oath and bond with the county clerk using certified mail or any other means of physical delivery that provides a receipt [Sec. 8213(a), Gov’t Code].
In addition, Senate Bill 974 provides that persons who take their California notary public oath of office before their county clerk must present one of these specific forms of identification listed in Section 1183, Civil Code: California driver’s license or non-driver ID card; a U.S. passport; a foreign passport; or an employee ID card issued by a California state agency or office or a California local agency or office (city, county, or city and county) [Sec. 8213(a), Gov’t Code].
--------------------------------- CALIFORNIA - SB 997 NOTE: Section 1 of this bill was rendered inoperative (not effective) due to specific contingencies in this bill’s Section 2. The provisions of this bill’s Section 1.5 are identical to those of California AB 2566, detailed above, and therefore are not summarized here.
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CALIFORNIA - AB 2217 Increases fees that California notaries may charge for specific services (effective January 1, 2017), as follows:
Increases, to $15, the fee that a California notary public—who is also qualified and bonded as an immigration consultant*—may charge for entering client-provided data on state or federal immigration forms. This fee is per-individual client, for each set of forms.
-------------- *“Immigration consultant” under Division 8, Chapter 19.5 of the California Business and Professions Code. |
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COLORADO - SB 132 Enacts the Revised Uniform Law on Notarial Acts (RULONA), by creating a new Part 5 of Article 21, Title 24, Colorado Revised Statutes. Unless stated otherwise, RULONA’s provisions apply to both paper (“tangible”) and electronic documents. The defined term “records,” used throughout this bill, refers to both paper and electronic documents.
Definitions
Key terms defined in SB 132 include (but are not limited to) “notarial act,” “notarial officer,” “notary public,” “official stamp,” “person,” “record,” “sign,” “signature,” and “stamping device.” These definitions shape RULONA’s core concepts:
• A signature can be tangible (a traditional signature on paper) or made electronically to evidence the signing of a record. A signer’s electronic signature can be any symbol, sound or process that is attached to or logically associated with an electronic record, and used with intent by the signer. A notary public’s electronic signature will be created using tamper-evident technology, and must conform to standards, if any, published by the Secretary of State. • A notary public of Colorado may perform the notarial acts authorized under RULONA on tangible or electronic documents, both defined as “records.” • Whether notarization occurs on a tangible or electronic record, the individual seeking a notarial act must appear personally before the notary. • The notary’s “official stamp” is the physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record. The “stamping device” is the tool or means that the notary uses to affix his or her official stamp on a record. • “Person” as defined means a human or entity. When a provision of RULONA pertains only to a human, the term “individual” is used instead. • By defining “notarial act,” RULONA promotes uniformity across enacting states in the authorized acts a notary may perform. Those acts are taking acknowledgments, administering oaths or affirmations, taking verifications on oath or affirmation, witnessing or attesting signatures, certifying or attesting a copy, and noting a protest of a negotiable instrument. Colorado notaries may also take depositions or other sworn testimony and perform notarial acts authorized by other Colorado law. • RULONA recognizes that those who may be authorized to perform a notarial act in a state not only are commissioned notaries public, but others such as judges, court clerks or deputy clerks. Thus the term “notarial officer” refers to any individual authorized in Colorado to perform a notarial act, while “notary public” refers only to individuals commissioned by the Colorado Secretary of State. Notable provisions of SB 132 include the following. (Consult the bill language for other provisions not discussed here.)
General
• A notarial officer may not notarize a record for him- or herself, or the officer’s spouse, partner in a civil union, ancestor, descendent, or sibling if any of these individuals is a party to or named in the record to be notarized; or if the officer or the officer’s spouse or civil-union partner may directly receive an advantage, right, title, interest, cash or property in excess of the notarial fee as a proximate result of the notarization. • Individuals who are physically unable to sign a record requiring a notarial act may direct another individual other than the notarial officer to sign the physically unable signer’s name on the record. The notarial officer must insert language indicating that such a signing occurred. • When an individual requiring notarial services is unable to communicate verbally or in writing, a Colorado notary public may use signals or electronic or mechanical means to perform verbal ceremonies for notarial acts and to otherwise communicate with the individual. The individual must be physically present with the notary. • The signature and title of a notarial officer performing a notarial act in Colorado are prima facie evidence (accepted as correct until proven otherwise) that the signature is genuine and that the individual holds the designated title of office. • Notarial acts performed by authorized persons in other states, or under the authority of the federal government or a federally recognized Indian tribe (within the tribe’s jurisdiction), are recognized to have the same effect as if performed by a notarial officer of Colorado. Recognition of foreign notarial acts is also addressed. • Fees that a notary may charge will remain up to $5 for each tangible document, and up to $10 for an electronic document. • Any non-attorney notary public who advertises notarial services shall include a statutorily prescribed disclosure, translated into every language used in an advertisement. • Prohibited acts by a non-attorney notary public include (but are not limited to) unauthorized practice of law; acting as an immigration consultant or providing expert advice on immigration matters; representing a person in a judicial or administrative proceeding related to immigration matters; receiving compensation for any such prohibited activities; engaging in false or deceptive advertising; use of the terms “notario” or “notario publico”; and performing any notarial act when the record is blank or contains unfilled blanks. Notarial Acts, Tangible and Electronic
• The requirements for performance of each authorized notarial act are provided. • As noted above, personal appearance of the signer before the notary is required for notarization of a record. • Personal knowledge of the identity of an individual seeking a notarial act is achieved if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. A notarial officer has satisfactory evidence of the identity of an individual by means of specified identity credentials that are current or expired no more than one year before performance of the notarial act, or through the verification on oath or affirmation of a credible witness who is personally known to the notary or identified by a specified identification credential that is current or expired no more than one year prior to the notarial act. The notarial officer may require an individual to provide additional identification information or credentials before performing a notarial act. • A notarial act must be evidenced by a notarial certificate, which must be completed contemporaneously with (at the same time as) performance of the notarial act and must include the notarial officer’s signature and date of the notarial act, the officer’s title of office; and the county and state where the notarization was performed (venue). If the notarial officer is a notary public, the certificate must also include the notary’s commission expiration date. • For notarial acts involving a tangible record, a certificate must be part of or securely attached to the record. For notarial acts involving an electronic record, the certificate must be affixed to, or logically associated with, the electronic record in a manner that complies with any standards established by the Secretary of State. • A notary public’s official stamp must be included in the certificate on a tangible record; this is optional for any other notarial officer if the officer’s signature, date of the notarial act, title of office and the venue appear in the certificate. If the record is electronic, a notarial officer (including a notary public) may, not shall, include an official stamp in the record’s certificate, if his or her signature and date of the notarial act, title of office and the venue appear in the certificate. • The notarial officer shall not affix or logically associate his or her signature to the notarial certificate until the notarial act has been performed. • By executing a notarial certificate, a notarial officer certifies that he or she has complied with the requirements of Colorado notary law for performance of the notarial act. • A notarial certificate is sufficient if it meets the requirements specified by Colorado notary law and is in a form permitted by Colorado law; is in a form permitted by the laws of the jurisdiction in which the notarial act was performed; or it sets forth the actions of the notarial officer and those actions meet Colorado statutory requirements. • A notary public may refuse to perform a notarial act unless refusal is prohibited by other law. Reasons the notary may refuse to notarize include uncertainty about the individual’s competency or capacity to execute the record; or uncertainty that the individual is acting knowingly and voluntarily. Journal
• A notary public must maintain a journal and chronicle all notarial acts in it. The notary public must retain the journal for 10 years after performance of the last notarial act chronicled in it; or may transmit the journal to the state archives; or may leave the journal with his or her firm or employer in the regular course of business. In these cases the notary must notify the Secretary of State of such journal’s whereabouts. • The journal may be in a tangible (paper) medium or electronic. A tangible journal must be a permanent, bound register with numbered pages. An electronic journal must be in a permanent, tamper-evident format that complies with any rules of the Secretary of State. • Journal entries must be made contemporaneously with (at the same time as) the notarial act. • Required journal entry elements are specified: date and time of the notarial act; description of the record (if any) and type of notarial act; full name and address of each individual for whom the notarial act is performed; tangible or electronic signature of each individual for whom the notarial act is performed; particulars of how the individual was identified by the notary public; and the fee (if any) charged by the notary. • The notary must securely keep the journal under his or her exclusive control, and not allow another notary to use it. If the journal is lost or stolen, the notary must notify the Secretary of State in writing within 30 days of discovering the journal is missing. • An employee notary may elect not to maintain a journal if his or her employer, in the regular course of business, maintains originals or copies (including electronic records) of documents containing the information that otherwise is required to be entered into a journal. • SB 132 provides requirements relating to inspection of a notary public’s journal by the Secretary of State or a certified peace officer, as well as procedures for supplying a certified copy of a journal record. • Upon death or adjudication of competency of a current or former notary public, the notary public’s personal representative or guardian or any person knowingly in possession of the journal shall transmit it to the state archives, and notify the Secretary of State in writing. Notary Public’s Official Stamp and Stamping Device
• The notary’s official stamp as it appears on paper or electronic documents must meet design specifications and include the notary public’s name as it appears on his or her certificate of commission; the notary’s identification number; the notary’s commission expiration date; and the words “State of Colorado” and “Notary Public.” • The notary’s allowed stamping device for tangible records will continue to be an inked stamp. A notary public shall not provide, keep or use a seal embosser. • The notary’s official stamp must be capable of being copied with the record to which it is affixed, attached or logically associated. • A notary public is responsible for the security of his or her stamping device and may not allow its use by any other individual. The notary public must render the stamping device unusable upon commission expiration, resignation or revocation. If the notary public dies or is adjudicated incompetent, the notary public’s personal representative or guardian or anyone else knowingly in possession of the stamping device must render it unusable. • The notary public, or the notary public’s personal representative or guardian, if applicable, must notify the Secretary of State within 30 days of discovery that the stamping device is lost or stolen. Electronic Notarization
• A notary public may select one or more tamper-evident technologies with which to notarize electronically. The notary cannot be required to notarize electronically with a technology the notary has not selected. • Notaries public who intend to notarize electronically must first notify the Secretary of State of that intent, and identify the technology or technologies the notary intends to use. • If the Secretary of State has established standards for approval of electronic notarization technology, the notary’s chosen technology or technologies must conform to those standards and the Secretary shall approve its use. • A notary public’s electronic signature and all required elements therein must conform to any standards established by the Secretary of State, and must contain or be accompanied by: the notary’s name as it appears on his or her certificate of commission; the notary’s identification number; the words “Notary Public” and “State of Colorado”; a Document Authentication Number issued by the Secretary of State; and the words “My commission expires” followed by the notary’s commission expiration date. • The notary public’s electronic signature must be “immediately perceptible and reproducible” in an electronically notarized record. • The notary public’s official stamp (image) must appear on electronically notarized records. Notary Commission – Qualifications and Related Matters
• Applicants for a Colorado notary public commission must be at least 18 years of age; be a citizen or permanent legal resident of the United States or otherwise lawfully present in the United States; be a resident of or have a place of employment or practice in Colorado; be able to read and write English; not be disqualified to receive a commission under Section 24-21-523, Colorado Revised Statutes; and pass the required examination. • The term of office for a Colorado notary public remains four years. • Applicants who do not already hold a Colorado notary public commission must pass an examination, administered by the Secretary of State or approved entity. The exam must be based on a course of study offered by the Secretary of State or an approved entity. • SB 132 specifies the notary’s notification responsibilities stemming from events such as loss or theft of the notary’s stamping device or journal, and change of name, business address or residence address. • SB 132 also provides numerous grounds on which a notary commission may be denied, refused for renewal, revoked, suspended, or conditioned. A person whose notary commission has been revoked may not apply for or receive a Colorado notary commission. Other Provisions
• The Secretary of State must maintain an electronic database of notaries public, through which a person may verify the authority of a notary public to perform notarial acts and that indicates whether a notary public has notified the Secretary of State of intention to notarize electronically. • The Secretary of State may adopt rules to implement Colorado’s RULONA. |
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DELAWARE - HB 169 Clarifies the execution requirements for certain trusts. Provides that, for purposes of Delaware Code Title 12, Chapter 35, Subchapter III, Section 3545:
• A “disinterested person” is one who has no beneficial interest in the subject trust. • A notary public or similar official may serve as a witness in cases where such official is a disinterested or credible person without regard to whether the notary public or similar official signs the writing as a witness or solely in a notarial capacity. --------------------------------- DELAWARE-SB 32 Establishes an elective procedure for mortgagees or assignees to provide public notice upon changing the address of notice from that provided in any mortgage or assignment of mortgage.
• Provides a sufficient statutory form of Statement of Mortgagee Address Change, which must be acknowledged (individual or representative capacity). • Adds a Statement of Mortgagee Address Change to the list of real property document records which county recorders may maintain either in a separate index and record, or in the same index used for recorded mortgages. • Provides certain information that such records must include if the recorder maintains a separate index for Statements of Mortgagee Address Change. |
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FLORIDA-CS/HB 401 This bill adds a veteran health identification card, issued by the United States Department of Veterans Affairs, to the statutory list of credentials that may be accepted by a Florida notary public as satisfactory evidence of identification.
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IDAHO - HB 209 Enacts the Revised Uniform Law on Notarial Acts (RULONA). Unless stated otherwise, RULONA’s provisions apply to both paper (“tangible”) and electronic documents. The defined term “records,” used throughout this bill, refers to both paper and electronic documents.
This bill has different effective dates for certain measures; see summary below.
Measures Effective 7-1-17
Definitions Key terms defined in HB 209 include (but are not limited to) “electronic signature,” “notarial act,” “notarial officer,” “notary public,” “official stamp,” “person,” “personal appearance/appear personally,” “record,” “sign,” “signature,” and “stamping device.” These definitions shape RULONA’s core concepts:
• A signature can be tangible (a traditional signature on paper) or made electronically to evidence the signing of a record. A signer’s electronic signature can be any symbol, sound or process that is executed in an electronic medium and that is used with intent by the signer. • A notary public of Idaho may perform the notarial acts authorized under RULONA on tangible or electronic documents, both defined as “records.” • Whether notarization occurs on a tangible or electronic record, the individual seeking a notarial act must be physically present before the notary. • The notary’s “official stamp” is the visual image or information, conveying certain facts about the notary, that the notary places on a tangible (paper) record or in an electronic record. The “stamping device” is the tool or means that the notary uses to affix his or her official stamp on a record. • “Person” as defined means a human or entity. When a provision of RULONA pertains to only a human, the term “individual” is used instead. • By defining “notarial act,” RULONA promotes uniformity across enacting states in the authorized acts a notary may perform. Those acts are taking acknowledgments, administering oaths or affirmations, taking verifications on oath or affirmation, witnessing or attesting signatures, certifying or attesting a copy, and noting a protest of a negotiable instrument. (The act of witnessing or attesting a signature is new for Idaho.) • RULONA recognizes that those who may be authorized to perform a notarial act in a state not only are commissioned notaries public, but others such as judges, clerks, or deputy clerks. Thus the term “notarial officer” refers to any individual authorized in Idaho to perform a notarial act, while “notary public” refers only to individuals commissioned by the Idaho Secretary of State. General Provisions
• A notary public may not notarize a record to which the notary’s spouse is a party, or when the notary or spouse has a direct beneficial interest. • Individuals who are physically unable to sign a record requiring a notarial act may direct an individual other than the notary to sign the record. The notary must insert language indicating that such a signing occurred. • The signature and title of a notarial officer (notary public or other authorized person) performing a notarial act in Idaho are prima facie evidence (accepted as correct until proven otherwise) that the signature is genuine and that the individual holds the designated title of office. • Notarial acts performed by authorized persons in other states, or under the authority of the federal government or a federally recognized Indian tribe, are recognized to have the same effect as if performed by a notarial officer of Idaho. Recognition of foreign notarial acts is also addressed. • Prohibited acts by a notary public are stated and include unauthorized practice of law and prohibitions related to immigration matters. • Fees that a notary may charge will increase from $2 to $5. • Various conforming amendments to other sections of Idaho Code are made. Notarial Acts, Tangible and Electronic
• The requirements for performance of each authorized notarial act are provided. • As noted above, personal appearance (physical presence) of the signer before the notary is required for notarization of a record. • Identification of an individual seeking a notarial act is achieved if the notary personally knows the individual; if the notary can identify the individual by means of specified identification documents that are current or expired no more than three years prior to the notarial act; or by verification on oath or affirmation of a credible witness personally known to the notary or who the notary can identify on the basis of specified identification documents. The notary may require an individual to provide additional information or credentials to help assure the notary of the individual’s identity. • A notarial act must be evidenced by a notarial certificate, which must be completed at the same time as (during) the performance of the notarial act and must include the notary’s signature; date of notarization; location of the notarization; notary’s commission expiration date; and notary’s official stamp. The requirements of a sufficient notarial certificate for each authorized duty are provided, as are notarial certificate short forms. If the Secretary of State has established standards for attaching, affixing or logically associating a notarial certificate on an electronic record, the process must conform to the standards. • By executing a notarial certificate, a notary public certifies that he or she has complied with the requirements of Idaho notary law for performance of the notarial act. • A notary public may refuse to perform a notarial act unless refusal is prohibited by other law. Reasons the notary may refuse to notarize include uncertainty about the individual’s competency or capacity to execute the record or uncertainty that the individual is acting knowingly and voluntarily. Electronic Notarization and Technologies
• A notary public may choose one or more tamper-evident technologies to perform electronic notarial acts. • If the Secretary of State has established standards for electronic notarization technology, the notary’s chosen technology must conform to the standards. The Secretary must approve for use any technologies that conform to the Secretary’s standards, if any are established. • Prior to performing his or her initial electronic notarial act, the notary must notify the Secretary of State that he or she will be performing electronic notarizations and identify the chosen technology. • The notary cannot be required to electronically notarize with a technology that he or she has not selected. Qualifications, Notary Commission
These remain largely unchanged with some exceptions (underlined): • Applicants for a notary commission must submit an assurance in the form of a surety bond or its functional equivalent (still in the amount of $10,000). The assurance may be issued by a surety or other entity licensed or authorized to do business in Idaho, or the Idaho Department of Administration’s Risk Management Office if the applicant is a state employee and the notary commission is required within applicant’s scope of employment. • The surety or issuing entity must notify the Secretary of State no later than 30 days after making payment to a claimant under the assurance. • Active notary commission expiration dates are not affected by HB 209. All Idaho notaries, whether mid-term, new or renewing, must comply with the provisions HB 209 upon the applicable effective dates. (The bulk of HB 209 goes into effect on July 1, 2017. Other Provisions
• The Secretary of State must maintain an electronic database of notaries public, allowing any person to verify the authority of a notary public to perform notarial acts, and indicating whether the notary has notified the Secretary of his or her intent to electronically notarize. • The Secretary of State may adopt rules to implement the provisions of HB 209. Rules regarding notarization of electronic records must not favor any particular technology or specification. Measures Effective 10-1-18
Notary’s Official Stamp and Stamping Device New information elements and dimensions for the notary’s official stamp are required and are underlined below. • The notary’s official stamp, whether used on a tangible or electronic record, must include the notary public’s name; the words “Notary Public” and “State of Idaho”; and the notary’s commission number. Inclusion of the words “my commission expires” followed by the notary’s commission expiration date will be allowed. The official stamp may not include anything more than these items. The requirement for a serrated or milled border will be removed. • The notary’s official stamp image may not exceed 2 ¼ inches by 1 inch if it is rectangular, or 1 ¾ inches in diameter if it is circular. • The notary’s official stamp must be readily visible on a copied record, and be capable of being copied with the record to which it is affixed or associated. • The notary’s required stamping device (for tangible records) is an inked stamp. • A notary public is responsible for the security of his or her stamping device and may not allow its use by any other individual. The notary public must render the stamping device unusable upon resignation from office or commission revocation. If the notary public dies or is adjudicated incompetent, the notary public’s personal representative or guardian or other person knowingly in possession of the stamping device must render it unusable. • The notary public, or the notary public’s personal representative or guardian, if applicable, must promptly notify the Secretary State of loss or theft of the stamping device. Effective 7-1-19
Course of Study • The Secretary of State or an entity approved by the Secretary must regularly offer a course of study to applicants for a new Idaho notary commission. |
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ILLINOIS - SB 1459 Creates, within the Illinois Notary Public Act, the Notarization Task Force on Best Practices and Verification Standards to Implement Electronic Notarization.
• Provides goals and objectives of the Task Force, which will produce a report that will include, but not be limited to: standards for an electronic signature; the application process for an electronic notarial commission; and the training of Notaries Public on electronic notarization standards and best practices prior to the commission of an electronic Notary’s electronic signature. Such report will also evaluate and make a recommendation on fees for notary application and commission; on the documents and acts that can be attested-to by electronic Notaries; on security measures to protect the integrity of the electronic Notary’s electronic signature; and on standards the Secretary of State may rely upon for revoking an electronic notarization.
• Provides for meetings of the Task Force; a deadline of June 30, 2020 to make recommendations to the Governor and the General Assembly; and the composition of Task Force membership. • Provides that the Office of the Secretary of State shall provide the Task Force with administrative and other support. |
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INDIANA - SB 505 Enacts the Uniform Real Property Electronic Recording Act (URPERA). The Act provides the legal framework for local recording offices (county clerks, recorders) to record real property documents in electronic format, by:
• Equating electronic documents and electronic signatures to original paper documents and manual signatures, so that any requirement for originality (paper document or manual signature) is satisfied by an electronic document and signature; • Establishing the standards a recording office must follow and what it must do to make electronic recording effective; and • Establishing a board to set statewide standards and requiring it to set uniform standards to be implemented in every recording office.* *Source, Uniform Law Commission, www.uniformlaws.org Effective January 1, 2018, URPERA also authorizes a notary’s use of an electronic signature on documents that are eligible to be recorded in public land records, by providing that any requirement for a document—or a signature associated with a document—to be notarized, acknowledged, verified, witnessed or made under oath, is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. Under URPERA, a physical or electronic image of a stamp, impression or seal need not accompany the notary’s electronic signature. |
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| LOUISIANA - SB 236 Effective 08.01.2017 View this bill Makes mandatory (instead of optional) the fee that clerks of the district courts, as ex officio recorders, charge for notarizing acknowledgments of acts executed under private signature, and raises the fee from five to ten dollars.
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MAINE - LD 1323 Amends Maine election code’s direct initiative signature gathering process, as well as related provisions of Maine’s notary law.
• Amends (Title) 4 MRSA (Maine Revised Statutes Annotated) §955-C, sub-§1 by expanding the list of notary public actions that constitute grounds for commission suspension, revocation, or refusal to renew by the Secretary of State. Such grounds will now include the notary public allowing another person to use that notary public’s commission. • Amends 21-A MRSA §902 concerning verification and certification of petitions: o Clarifies that circulators must verify certain facts about a petition by oath or affirmation before a notary public or other person authorized by law to administer oaths or affirmations. o Specifies that the notary public or other authorized person must sign the notarial certificate on the petition while in the presence of the circulator. o Requires the notary public or other authorized person administering such oath to a circulator to keep a log of petitions for which that person administered the circulator’s oath. In this log the person must list the title of the petition, the name of the circulator taking the oath, the date the oath was administered and the number of petition forms signed and verified by the circulator on that day. • Creates 21-A MRSA §903-D: o Prohibits a notary public or other person authorized to administer oaths or affirmations from notarizing or certifying a petition under Section 902 if: o Employed or compensated by a petition organization for any purpose other than notarial acts; o Providing services or offering assistance to a ballot question committee established to influence the ballot measure for which the petitions are being circulated or employed by or receiving compensation from such a ballot question committee for any purpose other than notarial acts; or o He or she is a treasurer, principal officer, primary fundraiser or primary decision maker to a ballot question committee established to influence the ballot measure for which petitions are being circulated. • Amends 21-A MRSA §905, sub-§1, by authorizing the Secretary of State to invalidate a petition if he or she is unable to verify the notarization of that petition. Clarifies statutory real property law provisions governing defective acknowledgments. • Provides that a record of a deed or other instrument, including a power of attorney, that conveys real property or any interest in real property, is valid and enforceable if it is recorded for at least 2 years in the registry of deeds of the county or district, and even if the instrument’s acknowledgment was incomplete or defective in any respect; not present; or not taken. • Condenses a lengthy list of specific, possible acknowledgment defects listed in statutes into a single statement (see passage beginning, “…even if” above). |
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MASSACHUSETTS - SB 2064 Amends Massachusetts’ Notary statutes. Incorporates the provisions of Massachusetts’ Revised Executive Order No. 455 (04-04), “Standards of Conduct for Notaries Public,” with revisions and additions. Applicable upon its effective date to all Massachusetts Notaries Public and justices of the peace, “including commissions received or renewed before the effective date of the act.”
Most provisions of Executive Order No. 455 (04-04) are preserved. Following are notable changes and additions.
New Definitions
a) Adds “Notarial certificate” - the “part of or attachment to a notarized document for completion by the notary that bears the notary public’s signature and seal and states the venue, date and facts that are attested by the notary public in a particular notarial act or notarization.” b) Adds “Official misconduct” - a violation of Massachusetts General Laws (MGL) Chapter 222, Sections 13-24 (Notary Public statutes); violation of any other general or special law in connection with a notarial act; or a Notary’s performance of a notarial act that is grossly negligent or against the public interest. c) Adds “Regular place of work or business” – a place where an individual spends a substantial portion of their working or business hours. Notary’s Stamp or Seal a) Provides a single example of how the Notary Public’s commission expiration date shall appear on an official seal or stamp: “My commission expires ___.” (The Executive Order provided three variations.) Notary Recordkeeping (Journal) a) Clarifies that attorney-Notaries Public who are admitted to practice law in any jurisdiction, or Notaries Public who are employed by an attorney and who perform notarial duties “by virtue” of their employment, are not required to maintain a journal (recordbook). Provides that when these Notaries elect to voluntarily maintain a journal, the law shall not be construed to impair or infringe on the attorney-client privilege or the attorney work product doctrine. b) Exempts Notaries Public who work for a government entity from maintaining a journal for the notarial acts performed in the course of their employment. c) Makes a technical change, from “Governor” to “State Secretary,” in reference to the state official who would issue directions regarding the disposition of the Notary’s journal. Qualifications and Commissioning a) Amends the residency requirement for qualification as a Massachusetts Notary Public. Requires the applicant to “reside” instead of “reside legally” in the Commonwealth. b) Clarifies that the Governor’s power to deny an application for Notary Public extends to appointment, reappointment and commission renewal applications. c) Provides that an application for Notary Public may be denied due to a conviction of intoxication while operating most any type of motorized vehicle, vessel or aircraft. d) Specifies official misconduct as one of “any other reason” that the Governor may deny a Notary Public commission application. Notary Conduct a) Specifies that Notaries Public are prohibited from notarizing if they will receive, as a direct result of the notarial act, any commission, fee, advantage, right, title, interest, cash, property or other consideration exceeding the maximum fees provided in the statute dealing with protests, “or any other general or special law or executive order.” Notarial Acts a) Amends the notarial certificate form for acknowledgment in a representative capacity, by clarifying that the acknowledger may be acting in a representative capacity for a corporation or other entity. b) Deletes the Executive Order’s requirement that, for a signature by mark notarization, the notary must write below the signer’s mark, “Mark affixed by (name of signer by mark) in the presence of (names and addresses of witnesses) and undersigned notary pursuant to Executive Order No. 455.” c) Prohibits a Notary Public from refusing to notarize based solely on the principal’s (signer’s) gender identity (replaces the term “gender”). Unlicensed Practice of Law, Immigration Assistance and Advertising a) Prohibits non-attorney Notaries from advising “clients,” offering legal advice or representing/advertising that they as legal specialists or consultants. b) Prohibits Notaries from stating or implying in any communication that they can or will obtain special favors from, or have special influence on, a government agency. c) Prohibits non-attorney Notaries from using any term that implies the Notary is an attorney, or making a literal translation of the Notary’s status as “licensed” or “a notary public” into a language other than English, without regard to the true meaning of the word or phrase in that language. This prohibition covers use of such terms in “any document” including an advertisement, stationery, letterhead, business card or other written or broadcast material. d) Provides non-attorney Notaries with prohibitions and permissions related to immigration services. e) Requires non-attorney Notaries to provide clients a written disclosure of their non-attorney status and inability to advise on immigration matters, before providing services of any kind related to an immigration matter, or any matter that could influence a person’s immigration status. f) Allows non-attorney Notaries to translate questions presented on an immigration form for another person and complete those forms at the explicit direction of the other person, only if the translation of the person’s answers is necessary. g) Exempts some persons from the prohibitions noted in this section. h) Clarifies that while a non-attorney Notary shall not engage in the practice of law, a Notary Public who is duly qualified, trained or experienced in a particular industry or professional field is not precluded from selecting, drafting or completing a certificate or other document related to a matter within that industry or field. i) Prohibits non-attorney Notaries from conducting a real estate closing in the Commonwealth, but clarifies that this prohibition does not prevent Notaries employed by a lender or attorney from notarizing documents in conjunction with a real estate closing being conducted by the employing lender or attorney. j) Provides that the bill’s Section 17 (unlicensed practice of law, immigration assistance and other matters) shall apply not only to any Notary but also to any person who employs, contracts with or otherwise uses the services of a Notary, when that person knows or has reason to know of conduct in violation of the Section. Violations and Penalties a) Allows the attorney general or district attorney to: prosecute any person who violates MGL Ch 222; file an injunction against any such person; and provide notice to the Governor of belief that a Notary Public is committing official misconduct when the misconduct is thought to render the person unsuitable to hold office. b) Provides fines and penalties for violations of MGL Ch 222, including revocation of a Notary Public appointment for any conviction based on violation of the Chapter. c) Allows persons with “an interest or right” that is or may be adversely affected by a Notary’s violation of MGL Ch 222, Section 17 to initiate an action for private remedies and file for injunctive relief (if the attorney general or district attorney have not done so). Provides for the actual and punitive damages such persons may receive if the court finds that the Notary knew or should have known that his or her conduct would violate MGL Ch 222, Section 17. d) Makes a violation of MGL Ch 222, Section 17 an unfair or deceptive act or practice under MGL Chapter 93A. e) Disallows, in the case of an action for alleged violation of MGL Ch 222, Section 17, the defense that the conduct in question occurred primarily or substantially outside the Commonwealth. Other Provisions a) Provides that justices of the peace must follow the same statutory requirements (MGL Ch 222, Sections 8-26) as Notaries Public, when performing notarial acts. b) Provides that, in addition to persons serving in or with the armed forces of the Commonwealth, those serving in or with other reserve component commands conducting mobilization exercises and soldier readiness processing may receive the services of a military notary for purposes of acknowledging a document. The document must include a statement that the acknowledger is serving in or with the armed forces of the Commonwealth, in or with other reserve component commands conducting mobilization exercises and soldier readiness processing, or the armed forces of the United States, or is a dependent of any such person. c) Provides that failure of a document to contain the forms of notarial certificates set forth in MGL Chapter 222, Section 15 or to otherwise comply with Sections 8 to 23 of the Chapter will not affect the validity or recording of the underlying document. d) Provides that, for documents executed in a representative capacity, failure of such document to contain an acknowledgment that the document execution was the voluntary or free act and deed of the principal or grantor shall not affect the validity or recording if the underlying document. e) Prohibits Notaries Public from charging a fee to notarize a signature on an absentee ballot identification envelope or other voting materials, or on any application or claim by a United States military veteran for a pension, allotment, allowance, compensation, insurance or other veterans’ benefit. ---------------------------------
MASSACHUSETTS - Executive Order No. 571 Rescinds Executive Order No. 455 (04-04) effective January 4, 2017. |
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MISSOURI - Admin Rule – 15 CSR 30-100.010 Revocation and/or Suspension of Notary Commission Amends the existing rule to clarify how a notary’s commission may be revoked, and provides a circumstance for immediate commission suspension by the Secretary of State.
• Provides that if a notary fails to request a hearing on a notice of revocation as provided in 15 CSR 30-100.020, the notary has thereby waived his or her right to a hearing and the revocation shall proceed. • Allows the Secretary of State to immediately suspend a notary’s commission upon written notice sent to the notary by certified mail, when the Secretary’s office deems the situation related to the potential revocation has a serious unlawful effect on the general public. • Allows a notary to request a hearing on such a suspension as provided in 15 CSR 30-100.015. --------------------------------- MISSOURI - Admin Rule – 15 CSR 30-100.015 Request for Hearing on Suspension New rule adoption, providing the manner in which a notary may request a hearing upon receiving a notice of suspension under 15 CSR 30-100.010.
• Requires the notary’s request for a hearing on a commission suspension to be received by the Secretary of State’s office no later than 10 business* days after the notary receives the written notice of suspension, or the notary will have waived his or her right to a hearing. • Provides the required information that must be submitted on the notary’s request for a hearing, which includes the notary’s signature or that of the notary’s attorney. The request must be filed with the Office of the Secretary of State, Commissions Division, P. O. Box 784, Jefferson City, MO 65102. • Allows a notary to request a hearing by telephone. • Provides that hearings on commission suspensions are subject to the requirements of 15 CSR 30-100.060 (Hearings). *Requests for a hearing on commission suspension must be received by the Secretary of State no later than 10 business days after the notary receives written notice of suspension. Requests for a hearing on a commission revocation must be received by the Secretary of State’s office no later than 30 calendar days after the notary receives written notice of revocation. --------------------------------- MISSOURI - Admin Rule – 15 CSR 30-100.020 Notice of Revocation and Request for a Hearing Amends the existing rule on notice of commission revocation, by modifying what is included in the notice and setting forth how a notary may request a hearing.
• Provides that upon receipt of a complaint and a decision to seek commission revocation, the Secretary of State’s office shall send notice by certified mail to the subject notary’s address on file, including instructions for requesting a hearing on the revocation (if such hearing is desired by the notary).
• Requires that a notary’s request for a hearing on commission revocation be received by the Secretary of State’s office no later than 30 calendar* days after the notary receives the written notice of revocation, or the notary will have waived his or her right to a hearing. * Requests for a hearing on a commission revocation must be received by the Secretary of State’s office no later than 30 calendar days after the notary receives written notice of revocation. Requests for a hearing on commission suspension must be received by the Secretary of State no later than 10 business days after the notary receives written notice of suspension. • Provides the required information that must be submitted on the notary’s request for a hearing, which includes the notary’s signature or that of the notary’s attorney. The request must be filed with the Office of the Secretary of State, Commissions Division, P. O. Box 784, Jefferson City, MO 65102. • Allows a notary to request a hearing by telephone. • Provides that hearings on commission revocations are subject to the requirements of 15 CSR 30-100.060 (Hearings). --------------------------------- MISSOURI - Admin Rule–15 CSR 30-100.030 Response to Notice of Revocation Amends the existing rule on responding to a notice of revocation.
• Changes the existing rule’s term “answer” to “response,” as well as when and where the response must be filed and what it must contain. • Clarifies that a notary “may file” a response to a notice of revocation, which must be in writing and contain a “short and concise” statement of the facts that the notary believes to be true and relevant. • Requires that a notary’s response to a notice of revocation be filed with the notary’s request for a hearing as provided in 15 CSR 30-100.020. • Provides the required information that must be submitted on the notary’s response to a notice of revocation, which includes the notary’s signature or that of the notary’s attorney. The request must be filed with the Office of the Secretary of State, Commissions Division, P. O. Box 784, Jefferson City, MO 65102. --------------------------------- MISSOURI - Rescinded Admin Rule –15 CSR 30-100.040 Prehearing Conference The Secretary of State has rescinded this administrative rule, having deemed prehearing conferences to be unnecessary because historically, they have not been held in notary revocation cases and notaries often represent themselves.
--------------------------------- MISSOURI - Rescinded Admin Rule – 15 CSR 30-100.050 Subpoenas The Secretary of State has rescinded this administrative rule, having deemed the ability to issue subpoenas to be unnecessary because historically, subpoenas have not been issued in notary commission revocation cases and there is no statutory authority to enforce such subpoenas.
--------------------------------- MISSOURI - Admin Rule – 15-CSR 30-100.060 Hearings Amends the administrative rule on notary commission revocation or suspension hearings, as follows.
• Updates the street address where public notice of hearings will be posted. • Requires that all hearings will be audio recorded. Such audio recording must include a listing of all materials filed in connection with the hearing; a listing of all documents and exhibits submitted as evidence; all matters officially noticed; and all offers of proof, objections, and rulings. • Provides that at the expense of the requesting party, the Secretary of State’s office will cause the hearing to also be transcribed by a court reporter. • Places the burden of proof on the Secretary of State’s representative, and provides that the standard of proof shall be a preponderance of the evidence. • Requires notice of the date, time and place of the hearing to be sent by certified mail to the notary at the address on file with the Secretary of State’s office. • Provides that telephone hearings, if requested by the notary pursuant to 15 CSR 30-100.015 or 15 CSR 30-100.020, will be scheduled with notice sent to the notary by certified mail, at the address on file with the Secretary of State. • Provides additional requirements for telephone hearings. --------------------------------- MISSOURI - Admin Rule – 15 CSR 30-100.070 Surrender of Commission Amends the existing rule with minor conforming changes and adds the statutory cite for authority to regulate.
--------------------------------- MISSOURI - Admin Rule – 15 CSR 30-100.080 Appeal Amends the existing rule to reflect what will be included in a decision resulting from a hearing on a notary’s commission status, and to clarify the statute under which judicial review, if desired by the notary, will occur.
• Replaces “final adjudication” with “findings of fact, conclusions of law, and decision from the Secretary of State’s office.” • Clarifies that a notary whose commission has been revoked may seek judicial review under Chapter 536, Missouri Revised Statutes. |
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MONTANA - SB 21 A code commissioner bill, SB 21 makes technical corrections to statutory cites found in Montana’s Revised Uniform Law on Notarial Acts. Corrections occur in Montana Code Annotated, Section 1-5-603; Section 1-5-610; and Section 1-5-622.
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NEBRASKA - Administrative Rules, Electronic Notaries Public These rules implement Nebraska’s Electronic Notary Public Act (Nebraska Revised Statute §64-301 to 64-317), which was enacted in 2016 and took effect on July 1, 2017.
Definitions Key terms include: • “Applicant”—a person applying for registration as a Nebraska electronic notary public. • “Approved Electronic Notary Solution Provider”— a person or entity approved to provide an Electronic Notarization System by the Secretary pursuant to the Act. • “Biometric Authentication”— proving the identity of a user by requiring verification of the user's identity through technologies that require measurement and analysis of one or more human physiological or behavioral characteristics of the user in order to access and use an electronic notarization system. Biometric authentication technologies include fingerprint scanning devices, retinal scanning devices, and handwriting analysis devices. • “Electronic Notarization System”— a set of applications, programs, hardware, software, or technology designed to enable a notary to perform electronic notarizations. • “Independently Verifiable”— capable of government or third-party authentication of a notarial act, a notary's identity, and a notary public's relevant authority. • “Password Authentication”— means requiring the user to enter a secret word, phrase, or symbol set in order to access and use an electronic notarization system. • “Token Authentication”— requiring use of a physical device in addition to a password or personal identification number ("PIN" number) in order to access and use an electronic notarization system. Physical devices used in token authentication technologies include magnetic cards or "smart cards" and Universal Serial Bus (USB) memory sticks or “USB keys.” • “Under the exclusive control of the notary public,” for the purposes of the Secretary's interpretation of the requirements of Nebraska Revised Statutes (N.R.S.) § 64-310, means “under the notary public's sole control” as defined in this Chapter. • “Under the notary public's sole control”—means accessible by and attributable solely to the notary public to the exclusion of all other persons and entities, either through being in the direct physical custody of the notary public or through being secured with one or more biometric authentication, password authentication, token authentication, or other authentication technologies in an electronic notarization system provided by an approved electronic notary public solution provider approved pursuant to the Act and this Chapter. Physical Presence Requirement • During performance of an electronic notarial act, the electronic notary and the principal (signer of the electronic record to be notarized) must be in each other’s physical presence during the entire electronic notarial act, so that they can see, hear, communicate with, and give identification documents to each other without use of electronic devices such as telephones, computers, video cameras, or facsimile machines. Applying (Registering) as an Electronic Notary • “Applicants” for registration as an electronic Notary must provide all information detailed in N.R.S. § 64-304. Applicants must provide verification that the applicant holds a valid Nebraska Notary commission and continues to meet the qualifications to hold the Notary commission. Applicants must also provide verification that the applicant is in compliance with all provisions of N.R.S. §§ 64-101 through 64-118, and that they have passed the required course of instruction and examination required by N.R.S. § 64-305. Applicants must provide any other information requested by the Secretary to prove their qualifications. The fee for registering or re-registering as an electronic notary public is $100. • A notary applying to renew registration as an electronic notary must indicate on his or her notary (commission) renewal application that he or she is renewing registration as an electronic notary. (Current law provides that the term of registration for a person registered as an electronic notary public coincides with the term of his or her notary commission, and that a person registered as an electronic notary public may renew this registration at the same time as renewal of his or her notary commission.) Such applicants must pay both the fee for registration as an electronic notary and the fee for renewal of his or her notary commission. Course of Study, Electronic Notaries • The Secretary of State shall administer the training course and testing for those applying to be registered as electronic notaries public. The Secretary of State is empowered to train certified notary instructors, who are also registered as electronic notaries, to administer the training course and testing should the Secretary determine additional instructors are needed. Electronic Notary Signature • An electronic notary signature must be: o Independently verifiable and unique to the electronic notary public; o Retained under the electronic notary’s sole control; o Attached or logically associated with the document, linking the data in such a manner that any subsequent alterations to the underlying document or electronic notary certificate are observable through visual examination. • The electronic signature used by the electronic notary in the performance of an electronic notarization must be accessible by and attributable solely to the electronic notary, to the exclusion of all other persons and entities, for the entire time necessary to perform the electronic notarization. • An image of the electronic notary's handwritten signature must appear on any visual or printed representation of an electronic notary certificate regardless of the technology being used to affix the electronic notary's electronic signature. • Access to electronic notary signatures (and electronic notary seals) must be protected by the use of a password authentication, token authentication, biometric authentication, or other form of authentication approved by the Secretary according to the Electronic Notary Public Act (N.R.S. §§64-301 to 64-317). Electronic Notary Seal • An electronic notary seal must be: o Independently verifiable and unique to the electronic notary public; o Retained under the electronic notary’s sole control; o Attached or logically associated with the document, linking the data in such a manner that any subsequent alterations to the underlying document or electronic notary certificate are observable through visual examination. • The electronic seal used by an electronic notary in the performance of an electronic notarization must be accessible by and attributable solely to the electronic notary, to the exclusion of all other persons and entities, for the entire time necessary to perform the electronic notarization. • An image of the electronic notary's seal must appear on any visual or printed representation of an electronic notary certificate regardless of the technology being used to affix the electronic notary's electronic seal. The perimeter of the electronic notary seal must contain a border such that the physical appearance of the seal replicates the appearance of an inked seal on paper. The electronic notary seal must have, within its border, the electronic notary’s name exactly as commissioned, the words “Electronic Notary Public,” the words “Nebraska” and the commission expiration date. • Neither an employer, nor any of the employer's employees or agents, may use or permit the use of an electronic Notary seal or signature by anyone other than the authorized electronic Notary to whom it is registered. • Access to electronic notary seals (and electronic notary signatures) must be protected by the use of a password authentication, token authentication, biometric authentication, or other form of authentication approved by the Secretary according to the Electronic Notary Public Act (N.R.S. §§64-301 to 64-317). Journal • An electronic notary must keep a journal of all electronic notarizations he or she performs, and must present this journal to the Secretary of State upon written request. Principal’s Electronic Signature on Documents Requiring Acknowledgment • For electronic documents requiring an acknowledgment, each electronic signature by the principal must be individually affixed to the electronic document by the principal, and acknowledged separately by the principal, except when: o The notarized document is executed on behalf of any foreign or domestic corporation, non-profit corporation, professional corporation; limited liability company; unincorporated association or partnership; business trust, estate, partnership, trust; or the United States, any state, or any foreign government; and o The notarized document does not adversely affect the claim, right or obligation of another. Electronic Notary Solution Providers Application and Approval • Any person or entity applying to the Secretary of State for designation as an approved electronic notary solution provider must complete and submit an application to the Secretary for review and approval before authorizing any electronic notary seals or electronic signatures to Nebraska electronic notaries. The application must include the following information: o Hardware and software specifications and requirements for the provider's electronic notarization system; o A description of the type(s) of technology used in the provider's electronic notarization system; and o A demonstration of how the technology is used to perform an electronic notarization. • An electronic notary solution provider may appeal the Secretary's rejection of the provider's application for designation as an approved electronic notary solution provider as provided under the Nebraska Administrative Procedures Act (N.R.S. §§84-901 through 84-920). • Each electronic notary solution provider applicant, and each approved provider, must: o Provide a free and readily available viewer/reader, to enable all parties relying on an electronically notarized record or document to view the electronic notary signature and the electronic notary seal without incurring any cost. o Comply with the laws, policies, and rules that govern Nebraska notaries. o Provide an electronic notarization system or solution that complies with the technical specifications of the rules and standards that govern electronic notarization processes and procedures in Nebraska. o Require the provider's principals or employees to take the mandatory electronic notary education course and pass the required examination as is necessary to ensure the provider possesses sufficient familiarity with Nebraska's electronic notary laws and requirements. o Require notaries to present the Electronic Notary Certificate to Perform Electronic Notary Acts prior to authorizing an electronic Notary seal and signature. o Verify the authorization of a Nebraska notary to perform electronic notarial acts by accessing the Secretary's website and comparing the name and notary commission expiration date with the information on the Electronic Notary Certificate to Perform Electronic notarial acts prior to authorizing an electronic notary seal and signature. o Provide prorated fees to align the usage and cost of the electronic notary system or solution with the commission term limit of the electronic notary purchasing the electronic notary seal and signature. o Suspend the use of any electronic notarization system or solution for any notary whose commission has been revoked, suspended, or canceled by the Nebraska Secretary of State. o Submit an exemplar of the electronic notary signature and the electronic notary seal to the Secretary for each electronic notary public who subscribes to the provider’s electronic notary solution. • An approved electronic notary solution provider must: o Notify the Secretary of State within 45 days of changes, modifications or updates to information previously submitted to the Secretary. o Obtain approval of the Secretary of State before making available to Nebraska electronic notaries any updates or subsequent versions of the provider's electronic notarization system. --------------------------------- NEBRASKA - LB 535 Amends requirements for documents submitted for recording in the office of the register of deeds, by allowing digital or electronic signatures on such documents.
--------------------------------- NEBRASKA - LB 465 Enacts the Electronic Notary Public Act. Bill provisions of note: Definitions – defines key terms “electronic,” “electronic document,” “electronic notarial act,” “electronic notary public,” “electronic notary seal,” “electronic notary solution provider,” “electronic signature,” and “notary’s electronic signature.” As defined, the notary’s electronic signature must be approved by the Secretary of State, pursuant to rules and regulations promulgated by the Secretary.
Registration and Eligibility – requires that a notary public first register with the Secretary of State before performing any electronic notarial act. Provides eligibility requirements for registration: the person must hold a valid Nevada notary public commission; satisfy an education requirement implemented by the new Act; and pay the fee for registering (this fee is in addition to the notary commission fee, will be set by the Secretary of State through rules, and may not exceed $100). Provides a baseline for the information required to be submitted with the registration, which includes specifying the technology the electronic notary public will use (such technology must be provided by an electronic notary solution provider approved by the Secretary of State). Allows term of registration as an electronic notary public to coincide with the regular notary commission term, and allows renewal of an electronic notary public registration to be made at the same time the notary’s regular commission term is renewed.
Electronic Notary Education – requires completion of a course of instruction approved by the Secretary of State, as well as passage of an examination based on the course, prior to registration as an electronic notary public. The course and examination shall cover notarial laws, procedures, technology and the ethics of electronic notarization.
Notarial Acts – authorizes Nebraska electronic notaries public to perform the following notarial acts: acknowledgments; jurats; verifications or proofs; and oaths or affirmations. Requires physical presence of the signer before the notary for an electronic notarial act. Requires electronic notaries public to identify signers by personal knowledge or those forms of satisfactory evidence that are required for paper notarial acts. Provides that electronic notarial acts shall include all the following components, which the notary will attach-to or logically associate with the electronic document: the electronic notary seal; the notary’s electronic signature; completed wording of a certificate for one of the authorized notarial acts.
Electronic Notary’s Signature, Seal and Records – allows use of the electronic notary’s electronic signature, in combination with his or her electronic seal, only for performance of an electronic notarial act. Requires the electronic notary to maintain records of notarial acts. Prohibits the electronic notary from surrendering or destroying the records except as required by court order or as allowed by rules of the Secretary of State. Requires the electronic notary to securely keep, under his or her exclusive control, the notary’s electronic signature, seal and notarial records and not allow access or use by any other person.
Authentication of Electronic Notarial Acts – Provides for authentication of electronic notarial acts by the Secretary of State. Allows the Secretary of State to charge a fee of $20 for such authentications.
Rules and Regulations - Authorizes the Secretary of State to adopt and promulgate rules and regulations to ensure the integrity, security, and authenticity of electronic notarizations. The rules and regulations must include procedures for approval of electronic notary solution providers by the Secretary of State, and may address the requirement for electronic notaries public to create and maintain a record of every electronic notarial act.
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NEVADA - AB 365 Amends Nevada statutes dealing with persons authorized to perform marriage ceremonies. Nevada notaries public are among those persons who are eligible to obtain a certificate of permission to perform marriages. Provisions of AB 365 that will affect notaries public who have been approved to perform marriages in Nevada include the following.
• Establishes “marriage officiants” to be among those who, after obtaining a certificate of permission, may perform marriages in Nevada. Makes numerous conforming statutory changes to grant marriage officiants the same authorization and responsibilities for performing a marriage that apply to other authorized persons. COMMENT: While “marriage officiant” is a common term for an individual performing a marriage ceremony, in Nevada it now specifically means a person—other than a minister, other church or religious official authorized to solemnize a marriage or notary public—who obtains a certificate of permission to perform marriages pursuant to Nevada statutes. herefore, Nevada notaries who obtain a certificate of permission to perform marriages should avoid referring to themselves as “marriage officiants.” • Provides that a certificate of permission to perform marriages may be renewed, and makes numerous conforming amendments. The issuing county clerk must report issuance of a renewal certificate of permission by entering information into the Secretary of State’s electronic statewide database, as is done for newly issued certificates. • Provides that new and renewed certificates of permission may be revoked by a county clerk for good cause shown after a hearing. • Allows county clerks the discretion to establish a policy providing that a certificate of permission expires 5 years after the date it was issued or renewed. Absent such a policy, the certificate of permission remains valid unless and until it becomes invalid (for example, revoked) or expires. • Provides that notaries public applying for a certificate of permission to marry may be subject to an investigation of background and present activities, if required by the applicant’s county clerk. • Provides that a notary public’s new or renewed certificate of permission to perform marriages will immediately expire if the notary moves from the county in which the certificate was issued. • Requires that in the case of an address change, notaries public to whom a certificate of permission to perform marriages has been issued or renewed must apply to the Secretary of State for an amended certificate of appointment pursuant to N.R.S. §240.036. • Deletes current law’s provision allowing a notary public approved to perform marriages to reapply for a certificate of permission free of charge if such reapplication occurs within 3 months after expiration of the notary commission. • Clarifies that certified copies of recorded or filed certificates of marriage must be obtained from official sources. Also clarifies that the document given to a just-married couple by the person who solemnized the marriage is an uncertified copy of a certificate of marriage. • Authorizes county clerks, at their discretion, to establish a program for issuing certificates of marriage vow renewal. • Establishes a civil penalty up to $1500 that shall be levied against any person who undertakes to join others in marriage, when that person knows he or she is not lawfully authorized to do so. COMMENT: Nevada notaries public must be mindful that a notary commission alone does not authorize them to perform marriage ceremonies. A Nevada notary public must apply with his or her county clerk for a certificate of permission to perform marriages ---------------------------------
NEVADA - AB 148 Amends Nevada law addressing notary public violations and related penalties:
• Creates a new section of Chapter 240, Nevada Revised Statutes, providing that a person who willfully violates a provision of Nevada’s notary statutes (specifically, NRS 240.001 to 240.169), related regulations or orders, is guilty of a category D felony and subject to state prison incarceration and a monetary fine. Makes conforming amendments necessitated by creation of this new section. --------------------------------- NEVADA - AB 413 Expands Nevada Revised Statutes’ existing provisions on electronic wills. Allows a Nevada electronic notary public to electronically notarize – in-presence or remotely -- electronic wills and any documents, for all purposes in any proceeding, relating to an electronic will. Renames Nevada Revised Statutes’ existing Electronic Notary Public Authorization Act (NRS Sections 240.181 through 240.206) as the “Electronic Notarization Enabling Act.” Authorizes Nevada electronic notaries public to perform statutorily authorized notarial duties for physically-present and remotely-present principals. Provides requirements for registration as an electronic notary public. Provides responsibilities and duties of electronic notaries public. Makes conforming amendments.
Key provisions are summarized below.
Electronic Wills • Amends Nevada Revised Statutes’ (NRS) Chapter 132 dealing with wills and estates, by defining (not verbatim below) or establishing these key terms: o “Presence” – a person is deemed to be in the presence of or appearing before another person if such persons are in the same physical location or different physical locations but communicating with each other by means of audio-video communication. o “Audio-video communication” – communication by which a person is able to see, hear and communicate with another person in real time using electronic means. o “Certified paper original” – a tangible document that contains the text of an electronic will and, if applicable, the will’s self-proving affidavit. o “Electronic notary public” – as redefined in Nevada’s (renamed) Electronic Notarization Enabling Act, a person registered with the Secretary of State to perform electronic notarial acts and/or remote electronic notarial acts. o “Qualified custodian” – a person who, in accordance with Nevada law, employs and stores electronic records of electronic wills in a system that protects the records from destruction, alteration or unauthorized access and detects any change to such records. o “Electronic record – a record created, generated, sent, communicated, received or stored by electronic means. o Electronic will – an instrument, including, without limitation, a codicil, that is executed by a person in accordance with statutory requirements and which disposes of the property of the person upon or after his or her death. • States that an electronic will is created and maintained in an electronic record, contains the date and electronic signature of the testator and includes at least one of the following: an authentication characteristic of the testator; the electronic signature and electronic seal of an electronic notary public, placed in the presence of the testator who placed his or her electronic signature in the presence of the notary; or the electronic signatures of two or more attesting witnesses, who placed their signatures in the presence of the testator and in whose presence the testator placed his or her electronic signature.
• Provides the requirements for an electronic will to be self-proving, which includes designation of a qualified custodian to maintain custody of the electronic record of the electronic will. Provides extensive requirements and responsibilities of a qualified custodian.
• Provides that a person is deemed to be in the presence of or appearing before another person if in the same physical location, or different physical locations but communicating with each other by means of real-time, audio-video communication. Under this new meaning of presence, the bill authorizes a Nevada electronic notary public to notarize the signature or electronic signature of a person signing an electronic will or any document relating to a will, codicil or testamentary trust, for all purposes in any proceeding relating to an electronic will.
• Provides circumstances under which a document executed electronically will be deemed to have been executed in Nevada and subject to Nevada courts’ jurisdiction:
o The person executing the document states that he or she understands that he or she is executing, and intends to execute, the document in and pursuant to the laws of Nevada, and subject to the jurisdiction of Nevada courts; o The document states that the validity and effect of its execution are governed by Nevada law; o Any attesting witness or Nevada electronic notary public who electronically signed the document was physically located in Nevada at the time the document was executed; or o The will is self-proving and designates a qualified custodian who, if a natural person, was at the time of execution domiciled in Nevada; or if an entity, was at the time of execution organized under Nevada law or had its principal place of business located in Nevada. • Requires that if any attesting witness or testator appears remotely to electronically sign a self-proving declaration or affidavit that is incorporated as part of, attached to or logically associated with the electronic will, the statutory forms of such affidavit or declaration must be modified to indicate that fact.
• Provides that, subject to the provisions of any applicable court rules, a video recording or other electronic record may be admissible as evidence of the proper execution of a trust; the intentions of a settlor; the mental state or capacity of a settlor; the authenticity of a trust; matters determined by a court to be relevant to the administration of a trust.
• Establishes that the validity of a notarial act performed by an electronic notary public must be determined by applying the laws of the jurisdiction in which the electronic notary public is commissioned or appointed.
Electronic Notarial Acts Using Audio-Video Communications (“Remote”) General Provisions • Adds the following definitions to Chapter 240 of Nevada Revised Statutes governing electronic notaries public: o “Audio-video communication” - communication by which a person is able to see, hear and communicate with another in real time using electronic means. o “Credential” – a tangible record evidencing the identity of a person. o “Credential analysis” – a process or service that complies with any rules or regulations adopted by the Secretary of State through which a third party affirms the validity of a government-issued identification credential or any data thereon through the review of data sources. o “Dynamic knowledge-based authentication assessment” – an identity assessment that is based on a set of questions formulated from public or private data sources for which the person taking the assessment has not previously provided an answer, and that meets any rules or regulations adopted by the Secretary of State. o “In the presence of” or “appear before” – being (1) in the same physical location as another person and close enough to see, hear, communicate with and exchange credentials with that person; or (2) in a different physical location from another person but able to see, hear and communicate with the person by means of audio-video communication that meets any rules or regulations adopted by the Secretary of State. o “Remote presentation” – the transmission of a quality image of a government-issued identification credential to an electronic notary public through communication technology for the purpose of enabling the electronic notary public to identify the person appearing before the electronic notary public and to perform a credential analysis. • Authorizes a duly registered (see next paragraph) Nevada electronic notary public to use audio-video communication to perform, in conformance with governing statutes and any rules or regulations adopted by the Secretary of State, any of the authorized notarial duties provided in NRS 240.196. This statute is amended to add certifying a true and correct copy, and performing such other duties as prescribed by law, to the existing list of authorized duties (take an acknowledgment; execute a jurat; administer an oath/affirmation) an electronic notary public may perform.
• Requires an electronic notary public, prior to performing electronic notarial acts using audio-video communication, to register with the Secretary of State pursuant to NRS 240.192 and to identify the technology that the electronic notary public intends to use. The technology must conform to any rules or regulations adopted by the Secretary of State.
• Clarifies that registration as an electronic notary public pursuant to NRS 240.181 to 240.206 and sections 30 to 38.7, inclusive, of AB 413 does not authorize the electronic notary to perform notarial acts in another state.
• Allows a Nevada electronic notary public to perform an electronic notarial act using audio-video communication, pursuant to Nevada law and rules, for a person who is physically located:
o In Nevada; o Outside of Nevada but within the United States; o Outside the United States if (1) the electronic notary public has no actual knowledge of the electronic notarial act being prohibited in the jurisdiction in which the person is physically located; and (2) the person placing his or her electronic signature on the electronic document confirms to the electronic notary public that the requested electronic notarial act and the electronic document: (i) are part of or pertain to a matter that is to be filed with or is currently before a court, governmental entity or other entity in the United States; (ii) relate to property located in the United States; or (iii) relate to a transaction substantially connected to the United States. • Provides that a notarial act performed by an electronic notary public in Nevada for a person located outside of Nevada by means of audio-video communication in accordance with Chapter 240 shall not be deemed to be performed outside of Nevada.
• Provides that the validity of a Nevada electronic notary’s performance of an electronic notarial act using audio-video communication will be determined by applying the laws of Nevada.
Audio-Video Communication Technology • Provides that, for the performance of an electronic notarial act, the audio-video communication technology used must allow the persons communicating to see and speak to each other simultaneously; the signal transmission must be in real time; and the electronic notarial act must be recorded pursuant to Section 37 of AB 413. Electronic Notary Public’s Duties - Notarial Acts Using Audio-Video Communication • Requires a registered Nevada electronic notary public to be physically present in Nevada at the time of performing an electronic notarial act using audio-video communications, regardless of the physical location of the principal. • Provides that an electronic notary public has satisfactory or documentary evidence of the principal’s identity if the electronic notary public confirms that person’s identity by:
o Personal knowledge; or o Each of the following, together: ⇒ Remote presentation by the principal of a government-issued identification credential that contains the principals’ signature and photograph; ⇒ Credential analysis of the government-issued identification credential and the data thereon; ⇒ A dynamic knowledge-based authentication assessment o Any other method that complies with any rules or regulations adopted by the Secretary of State; or o A valid certificate that complies with any rules or regulations adopted by the Secretary of State. (“Certificate” has the meaning ascribed to it in NRS 720.030.) • Requires that the notarial certificate for an electronic notarial act performed using audio-video communication must include language explicitly stating that the electronic notarial act was performed in this manner.
• The electronic notary public must “arrange” for the required recording of every electronic notarial act using audio-video communication, and prior to performing any electronic notarial act using audio-video communication, inform all participating persons that the electronic notarial act will be electronically recorded.
• The recordings required to be made of electronic notarial acts using audio-video communication technology must include:
o The means of identification used by the notary to identify the principal signing the document. If by personal knowledge, the recording must include the electronic notary public’s explanation of how he or she knows the person, and for how long. If by credible witness, the credible witness must appear before the electronic notary public and the recording must include (1) how the electronic notary public identified the credible witness (personal knowledge or satisfactory evidence); and (2) the credible witness’ explanation of how he or she knows the person for whom the electronic notarial act is being performed, and how long he or she has known the person. • An electronic notary public must keep recordings of electronic notarial acts performed using audio-video communication for no less than 7 years, regardless whether the electronic notarial act was actually completed.
Electronic Notary Public General • Names NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7 of AB 413 as the “Electronic Notarization Enabling Act.” • Specifies that a Nevada electronic notary public is authorized to take acknowledgments, execute jurats, administer oaths and affirmations, certify true and correct copies, and perform other such duties as prescribed by law.
• Retains Nevada law’s existing definitions of the electronic notary public’s electronics signature and electronic seal (NRS 240.187 and 240.188).
• Requires the electronic notary public to send written notification, to the Secretary of State and the entity from which the electronic notary public’s electronic signature or electronic seal was obtained, within 10 days after discovering that his or her electronic signature or electronic seal has been stolen, lost, damaged or otherwise rendered incapable of affixing a legible image.
• Requires the electronic notary public to cease performing electronic notarial acts upon learning that the technology or device used to create his or her electronic signature has been rendered ineffective or unsecure, until a new technology or device is acquired and the electronic notary public has sent an electronic notice to the Secretary of State that includes the electronic signature of the electronic notary public, pursuant to paragraph (c) of subsection 2 of NRS 240.192 (as amended by AB 413).
Electronic Notary Public’s Duties – Performance of Electronic Notarial Acts • Clarifies that registration as an electronic notary public pursuant to NRS 240.181 to 240.206 and sections 30 to 38.7, inclusive, of AB 413 does not authorize the electronic notary to perform notarial acts in another state. • Requires an electronic notary public, upon completion of an electronic notarial act, to use technology to render the electronic document tamper-evident.
• Allows an electronic notary public to charge the following fees:
o Taking an acknowledgment, each signature - $25 o Executing a jurat, each signature - $25 o Administering an oath or affirmation (without signature) - $25 o To recover any cost of providing a copy of an entry or a recording of an audio-video communication in an electronic journal – a “reasonable” fee • Prohibits an electronic notary public who is an officer or employee of the State or a local government to charge a fee for an electronic notarial act that the electronic notary public performs within the scope of such employment.
Electronic Journal • Requires an electronic notary public to keep an electronic journal of each electronic notarial act performed. More than one electronic journal may be maintained. An electronic journal must: o Enable access by a password or other secure means of authentication; o Be capable of providing tangible or electronic copies of any entries in it. • The information in the electronic journal entry must include all specified by subsections 1 and 5 of NRS 240.120, but does not include the electronic signatures of the person for whom the electronic notarial act was performed or any witnesses. The information in the electronic journal entry must also describe each electronic notarial act and specify whether the electronic notarial act was performed using audio-video communication.
• Requires an electronic notary public to protect his or her electronic journal and maintain sole control over it; and to provide for lawful inspection and copying of it. “Sole control” in this context means being in the direct physical custody of or safeguarded by an electronic notary public with a password or other secure means of authentication.
• Upon termination of an electronic notary public registration due to surrender, revocation or expiration, all notarial records required pursuant to NRS 240.001 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of AB 413 must, except as otherwise provided by law, be kept by the electronic notary public for a period of 7 years after registration termination.
Registration as an Electronic Notary Public • Defines “electronic notary public” as a person registered, not appointed, with the Secretary of State to perform electronic notarial acts pursuant to NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of AB 413. Makes conforming amendments to reflect registration instead of appointment for a notary public to perform electronic notarial acts. • Sets forth requirements for registering as an electronic notary public, which include that the individual wishing to register must be one who:
o Is a current notarial officer of Nevada, and has been one for not less than 4 years; o Complied with all applicable notarial requirements set forth in Chapter 240; o Complied with the prescribed registration procedure and payment of fees; o Submitted with his or her registration satisfactory proof of successful completion of any required course on electronic notarization; and proof of having complied with requirements pertaining to taking an oath and filing a bond as set forth in NRS 240.030 and 240.033. (A person registering as an electronic notary public will no longer be required to obtain an additional, $10,000 surety bond for purposes of notarizing electronically.) • Provides that, in addition to any courses of study a notary public is required to complete pursuant to NRS 240.018, the Secretary of State by rule or regulation may require a notary public registering as an electronic notary public to complete an additional course of study on electronic notarization. If such course is required, the following must successfully complete it: first-time electronic notary public registrants; electronic notaries public who are renewing their registrations; and those who have committed a violation of Chapter 240 or who have been directed by the Secretary of State to take the course of study due to suspension of their electronic notary public registration. The course must be approved by the Secretary of State, comply with any adopted regulations relating to courses of study on electronic notarization, be taken online and be no more than three hours in duration, including the time necessary for instruction and completion of an examination of the course content. The course may be provided by the Secretary of State or a vendor approved by the Secretary of State.
• Permits a notary public to register as an electronic notary public and perform under such registration without completing a course of study on electronic notarization if, at the time of registration, the course is not yet offered by the Secretary of State or a vendor approved by the Secretary of State. Such electronic notaries public must later complete the course of study and pass the course examination within 120 days after it is first offered, and complete it thereafter (see paragraph above) in accordance with statutory requirements.
• Provides that registration as an electronic notary public shall be deemed effective upon payment of the required registration fee, if the registrant has satisfied all other applicable requirements. The period of registration as an electronic notary public is coterminous with (ends at the same time as) the person’s current term of appointment as a notary public and must be renewed at the same time the person renews his or her appointment as notary public. (The initial term as an electronic notary public will no longer be set at two years.) Registration as an electronic notary public is suspended when the electronic notary public is no longer appointed as a “regular” notary public.
Miscellaneous
• AB 413 deletes, by amendment, Sections 4, 5, 6, 8 and 9 of previously enacted AB 476 (reported May 2017), and addresses various provisions of these deleted sections in AB 413. --------------------------------- NEVADA - AB 476 • Clarifies that appointment as a Nevada electronic notary public does not authorize the appointee to perform notarial acts in another state.
• Explicitly requires a person applying for a Nevada electronic notary appointment to have been a notarial officer of Nevada for no less than 4 years, and to have complied with the statutory requirements pertaining to taking the oath of office and filing a bond.
• Removes the requirement of a separate oath of office and additional surety bond for a Nevada electronic notary, and requires that a Nevada electronic notary’s bond for his or her traditional (paper) notary appointment also provide indemnification to persons who suffer damage as a result of the electronic notary’s violation of statutes.
• Authorizes a Nevada electronic notary to perform the notarial act of certifying a true and correct copy.
• Makes a Nevada electronic notary’s term of appointment coterminous with (it will end at the same time as) his or her traditional notary appointment term, and requires an electronic notary appointment to be renewed at the same time that the notary’s traditional appointment is renewed.
• Amends Nevada’s notary education requirement by specifying that the course of study must be taken online and must be three hours in duration, including the time needed to take the examination.
• Amends the current statutory requirement that upon an electronic notary’s resignation, revocation or expiration of appointment all notarial records must be delivered to the Secretary of State, by requiring instead that the notary keep the records for 7 years after appointment termination.
• Requires an electronic notary public to notify not only the Secretary of State, but also the entity from which the notary obtained an electronic signature or electronic seal, upon discovering that his or her electronic signature or seal has been stolen, lost, damaged or otherwise rendered incapable of affixing a legible image. The notification must be in writing and must be made within 10 days of discovery of the circumstance.
• Requires that requests for authentication of an electronic notary’s signature and authority to act must include a statement signed under penalty of perjury that the document will not be used to harass a person, or to accomplish any fraudulent, criminal or other unlawful purpose. Prohibits the bringing of a civil action against the Secretary of State on the basis that the Secretary has issued an authentication and the document was used to harass a person or accomplish any fraudulent, criminal or other unlawful purpose. Provides that a person who uses a document for which an authentication has been issued for such unlawful purposes is guilty of a category C felony.
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NORTH DAKOTA - HB 1316 Clarifies North Dakota’s notary public statutes dealing with notarial acts, notary commissions, and notary public name and address change requirements.
• Removes the requirement that, should the notary’s office become vacant, the notary’s records and all papers relating to his or her office must be deposited in the office of the Secretary of State, and removes penalties for failure to comply. Removes a provision making any person who knowingly destroys, defaces or conceals a notary public’s records and papers subject to a fine and civil liability for damages caused to injured parties.
• Reduces the commission term of a North Dakota notary public from six to four years. Makes a conforming amendment to provide that a notary whose commission is revoked may be denied a new commission for a period of up to four years following the date of revocation.
• Clarifies that address change notifications from the notary to the Secretary of State must be in writing (within sixty days of the change). Removes language regarding imposition and payment of a late fee for failure to submit such notification.
• Moves and restates statutory language to clarify that a notary public may not make or purport to make any copy of a vital record, a recordable instrument, or a public record containing an official seal if the document is a copy or certified copy of any vital record authorized or required by law to be registered or filed; if the document is a copy or certified copy of an instrument entitled by law to be recorded; or if the document is a copy or certified copy of a public record containing an official seal.
• Amends language to clarify that a notary must affix his or her official stamp at the time of performing each notarial act.
• Clarifies required actions following a notary’s name change. A notary who has legally changed his or her name shall within sixty days submit to the Secretary of State a rider to the notary’s surety bond that states both the old and new names, the effective date of the new name, and a $10 fee [the Secretary of State’s web site provides a notification form for this purpose]. Upon receipt of the rider and fee, the Secretary of State shall issue a certificate of authorization that the notary must use to obtain a new stamping device. Upon receipt back from the notary of the certificate of authorization, which must bear an impression of the notary’s new stamp, the Secretary shall issue a commission with the notary’s new name. The notary may continue to use his or her old stamping device but, until the commission with the notary’s new name is received by the notary, his or her signature on notarial certificates must include the statement “Formerly known and commissioned as [former name].”
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OHIO - HB 49 PLEASE NOTE: Bill provisions dealing with eNotary and use of communications devices may be modified in pending legislation and therefore are subject to change.
Authorizes Ohio notaries public, subject to registration and appointment requirements, to perform acknowledgments electronically using an approved electronic communications device which includes a web site application. • Provides that “acknowledged before me” means (a) that the person acknowledging appeared before the person taking the acknowledgment (the notary public), including by visually appearing through use of any electronic communications device approved by the Secretary of State; and (b) that by acknowledging, the person acknowledges executing the instrument including through use of an electronic signature from technology approved by the Secretary of State. • Provides that an electronic communications device approved by the Secretary of State may be used by an electronic notary public to perform acknowledgments pursuant to Ohio Revised Statutes, and to sign electronically in his or her official capacity as notary public. • Prohibits use of an electronic communications device to take a deposition. • Requires the Secretary of State to establish standards for approving electronic communications devices. • Requires an Ohio notary public, prior to taking acknowledgments using an electronic communications device, to electronically submit a registration form established by the Secretary of State in order to be commissioned as an electronic notary public. • Allows the Secretary of State to charge a fee not to exceed $5 for processing of the registration form. • Requires the registration form to include: (1) the notary’s full legal name and official notary public name; (2) a description of the technology the notary will use to create an electronic signature in performing official acts; (3) certification of compliance with electronic notary public standards developed by the Secretary; (4) the electronic mail address of the notary public; (5) the signature of the notary public applying to use the electronic signature described in the form; (6) any decrypting instructions, codes, keys, or software that allow the registration to be read; and (7) any other information the Secretary of State may require. • Allows the Secretary of State to deny a registration if any required information is missing or incorrect, or if the notary public indicates he or she will use technology that is not approved by the Secretary. • Provides that an electronic notary public’s commission term will expire at the same time as his or her traditional commission, and may be renewed at the same time as the traditional commission. • Enables an electronic notary public to use updated technology, but he or she must notify the Secretary of State electronically within 90 days of installation or use of the updated technology, and provide a brief description of the technology. --------------------------------- OHIO - Electronic and Remote Notarization Standards Establishes the Ohio Secretary of State’s standards relating to performance of electronic notarial acts as authorized in Ohio HB 49 (summarized above).
Definitions • Defines the following essential terms: i. “Credential analysis” – a process or service that complies with any rules or regulations adopted by the Secretary of State through which a third party affirms the validity of a government –issued identification credential or any data thereon through the review of data sources. ii. “Electronic document” –any electronic record or file that can be signed with a digital certificate or an electronic notarization system. iii. “Electronic journal” – a chronological record of notarizations maintained by a notary public in an electronic format. iv. “Electronic notarial act” –a notarial act performed using an official electronic signature and seal on an electronic document, by an individual registered as an electronic notary public pursuant to Ohio Revised Code Section 147.543(A). v. “Electronic notarization system” –a set of applications, programs, hardware, software, or technology designed to enable an electronic notary to perform electronic notarial acts. This term includes an electronic communications device authorized by Ohio Revised Code Section 147.542(A). vi. “Electronic Signature” –an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record. vii. “Exclusive control” –accessible by and attributable solely to the electronic notary to the exclusion of all other persons and entities, either through being in the direct physical custody of the electronic notary or through being secured with one or more biometric password, token or other authentication technologies. viii. “Dynamic knowledge-based authentication” –an identity assessment that is based on a set of questions formulated from public or private data sources for which the signer has not provided a prior answer. ix. “Online notarization” –the performance of an electronic notarial act by means of an electronic communications device that includes two-way live audio and video conference technology and meets the requirements of these Standards. x. “Real time” –the actual span of uninterrupted time during which all parts of an electronic notarial act occur. xi. “Remote presentation” –the transmission of a quality image of a government-issued identification credential to an electronic notary public through communication technology for the purpose of enabling the electronic notary public to identify the person appearing before the electronic notary public and to perform a credential analysis. Electronic Notary Public’s Electronic Signature and Seal • Requires an electronic notary public to sign each electronic document requiring notarization [acknowledgments, pursuant to the provisions of HB 49] with an electronic signature. • Provides the required, technology-neutral attributes of an electronic notary signature (see Section II, a-c of the Standards). • Provides that the notary’s official seal shall consist of text in the electronic document or as a graphic image attached-to or logically associated with the signature, as follows: (1) the electronic notary’s name as shown on the notary’s electronic notary commission; (2) the electronic notary’s commission number; (3) the words “Electronic Notary Public”; (4) the words “State of Ohio”; and (5) the electronic notary’s commission expiration date. Online Notarizations • Requires online notarizations (see definition above) to occur with the use of an electronic communications device that has two-way, live audio and video conference technology and that meets the requirements of the Secretary of State’s Standards. • Specifies that an electronic notary performing an online notarization shall use at least one of the following methods to identify the signer: (1) personal knowledge of the signer; (2) a signer’s successful completion of a dynamic knowledge-based authentication assessment and performance of at least one of the following actions by the electronic notary—credential analysis by remote presentation of the signer’s valid and unexpired form of government-issued identification bearing the signer’s photograph; comparing the information displayed on a high resolution image of a credential described above with information provided to the electronic notary by the signer or by the signer’s completion of a dynamic knowledge-based authentication assessment. • Provides that an electronic notarization system used for an online notarization must meet the following criteria for establishing personal appearance: (1) the persons communicating must simultaneously see and speak to one another; (2) the signal transmission must be live, real time; (3) the signal transmission must be secure from interception or access by anyone other than the persons communicating; and (4) the technology must provide sufficient audio clarity and video resolution to enable the electronic notary to communicate with the signer and utilize the signer identification methods described in the Standards. Electronic Journal • Requires an electronic notary public to keep, maintain and protect an electronic journal of all electronic notarial acts for a period of at least five years from the date of the transaction. • Electronic journal entries must include: (1) the date and time of the notarial act; (2) the type of notarial act; (3) the type, title, or a description of the document or proceeding; (4) the printed name and address of each person seeking an electronic notarization; (5) the type of identification used to establish identity of each person seeking electronic notarization; and (6) the fee, if any, charged for the notarial act. • Requires any system used to store the electronic journal to also (1) allow entries to be made, viewed, printed out and copied by an electronic notary only after access is obtained by at least one factor of authentication such as a password, biometric verification, token, or other form of authentication; (2) not allow a record to be deleted or altered in content or sequence by the electronic notary or any other person after a record of the electronic notarization is entered and stored; (3) have a backup system in place to provide a duplicate electronic journal of notarial acts as a precaution in the event of loss of the original record. • Requires the electronic journal to be kept under the electronic notary’s exclusive control, and to be neither used by any other electronic notary nor surrendered to an employer upon employment termination. • Provides that the electronic journal may be examined and copied without restriction by a law enforcement officer in the course of an official investigation, or subpoenaed by court order. • Requires that any electronic notarization system used to perform an online notarization must store a video of the notarization session, and show both the notary and the signer as the document is notarized. Provides that this video may be released if subpoenaed by court order. ---------------------------------
Effective dates: Provisions dealing with eNotary and use of communications devices –effective 09.29.2017 Provisions dealing with Notaries reporting suspected adult abuse –effective 09.29.2018 Email kathleen@asnnotary.org for bill excerpt PLEASE NOTE: Provisions dealing with use of communications devices may be modified in pending legislation. A full report on final provisions will be made at a later date. Current provisions on use of communications devices appear in the bill excerpt, but are subject to change. Mandatory Reporting of Suspected Abuse of Adults • Adds Ohio Notaries Public to the statutory list of individuals who must immediately report when they have reasonable cause to believe that an adult is being abused, neglected, or exploited, or is in a condition resulting from abuse, neglect or exploitation. Requires that reports be made to the county department of job and family services. • Clarifies that no employer or any other person with authority to do so shall take the following actions as a result of an employee having filed such a report: discharge, demote, transfer or prepare a negative work performance evaluation; reduce benefits, pay or work privileges; or take any other action that would be detrimental or retaliatory against the employee making the report. • Provides for records requests of these non-public reports by the adult who is the subject of the report and his or her legal counsel. Further provides that when determined there is a risk of harm to a person who makes a report or to the adult who is the subject of a report, the county department of job and family services may redact the name and identifying information related to the person who made the report. • Requires the department of job and family services to develop and make available educational materials for individuals who are required to report suspected adult abuse, neglect, or exploitation. Requires entities that employ, license or regulate these “mandated reporter” individuals to ensure these individuals have access to the educational materials. • Provides a fine of up to $500 applicable to any individual who must report suspected adult abuse, neglect or exploitation but who fails to comply with the reporting requirement. |
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PENNSYLVANIA The Pennsylvania Department of State announces that major provisions of Pennsylvania’s Revised Uniform Law on Notarial Acts (RULONA) will become effective October 26, 2017.
To date, the only provisions of RULONA that have been in effect concern the Department’s authority to approve education courses, make regulations and set fees. Now, the bulk of RULONA’s provisions will at last take effect on October 26, 2017, one-hundred and eighty days after the Department published notice that it has approved some notary education courses pursuant to 57 Pa.C.S. § 322(b) ). Pennsylvania’s RULONA was adopted in October 2013. |
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OREGON - HB 4128
Bill effective 01.01.2017. Provisions affecting qualifications to become an Oregon notary, and the ability of the Secretary of State to deny, revoke, suspend or impose a condition on a notary public commission, apply to notary commission applications made on or after January 1, 2017. View this bill This bill expands the crime of obstructing governmental or judicial administration to include acting as a notary public or immigration consultant without authorization. It also expands the qualifications to obtain an Oregon notary commission by requiring that the applicant has not been convicted of: acting as or otherwise impersonating a notary public as described in ORS 194.990 (1)(b); obstructing governmental or judicial administration under ORS 162.235 (1)(b); or engaging in the unlawful practice of law as described in ORS 9.160.
The bill further expands notary applicant qualifications by requiring that applicants may have not been found guilty by a court of law of practicing law without a license in a suit filed under ORS 9.166; or engaging in an unlawful trade practice described in ORS 646.608 (1)(vvv). In addition, the bill provides that an Oregon notary applicant may not have entered into an assurance of voluntary compliance, pursuant to ORS 646.632, based on an alleged violation of ORS 646.608 (1)(vvv).
Not only does the bill set the conditions cited above for an applicant to qualify for an Oregon notary commission, but it also allows the Secretary of State to deny, revoke, suspend or impose a condition on a notary public commission who is found to have one of the circumstances cited above.
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TEXAS - HB 2157 Amends Texas Election Code regarding a candidate’s application for a place on the ballot.
• Requires a candidate’s application for a place on the ballot to be signed and sworn to before a notary public. • Requires that the circulator’s affidavit, included with each part of a petition for a place on the ballot, be executed before a notary public. • Provides that a single notarized affidavit by any person who obtained signatures is valid for all signatures gathered by that person if the date of notarization is on or after the date of the last signature obtained by the person. --------------------------------- TEXAS - SB 1098 Amends provisions of Texas’ Government Code and Civil Practices and Remedies Code to clarify notary record-keeping requirements. (New terminology is underlined.)
• Amends Sections 406.014(a) (4), (5), (6) and (7), Government Code, to require that the notary’s record of every instrument notarized must include the mailing address (not “residence” or “residence or alleged residence”) of the signer, grantor, maker or subscribing witness. • Amends Section 406.014(c), Government Code, to specify that on payment of all fees, a notary public shall provide a certified copy of any record of official acts in the notary public’s book of record (not “office”) to any person requesting such copy.
• Amends Section 121.012(b)(1) and (3), Civil Practice and Remedies Code, to require that if an instrument is acknowledged by the grantor, the notary’s record must include the grantor’s mailing address (not “known or alleged residence” or “residence”).
• Amends Section 121.012(c)(2) and (4), Civil Practice and Remedies Code, to require that if an instrument is proved by a subscribing witness, the notary’s record must include the witness’ mailing address (not “known or alleged residence”).
--------------------------------- TEXAS - SB 1400 Amends statutory provisions related to opening of a safe deposit box by the company from which the box is rented, following termination of the rental agreement. Texas notaries public employed by these companies are required to witness such box openings, and assist in inventorying the box contents.
• Establishes notification requirements the company must satisfy, and sets a minimum time frame during which delinquent fees might be paid or the agreement “otherwise” terminated and the contents retrieved, before a safe deposit box rental may be terminated, the box opened, and the contents removed and inventoried. (See the bill’s Section 2, amending Section 59.109 of Texas Finance Code.)
--------------------------------- TEXAS - SB 2065 Amends Section 17.46(b)(28), Texas Business and Commerce Code, dealing with deceptive trade practices (new text is underlined):
• Further provides that it is a false, misleading or deceptive act or practice to translate, into a foreign language, the words “immigration consultant” and “immigration expert” in any written or electronic material. Amends Section 406.017, Government Code, dealing with notaries public (new text is underlined):
• Clarifies that a Texas notary public commits an offense if he or she solicits or accepts compensation to prepare documents for or otherwise represent the interest of another in a judicial or administrative proceeding, including a proceeding relating to immigration or admission to the United States, U.S. citizenship, or related matters. • Clarifies that a person does not violate Section 406.017 by offering or providing language translation or typing services and accepting compensation.
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UTAH - HB 320 Clarifies Utah notary public statutes, as follows. Definitions
Amends some terms and defines new ones. Of note: • “Commission” means to empower one to perform notarial acts, and it means the written document that gives authority to perform notarial acts, including the Certificate of Authority of Notary Public that the lieutenant governor issues to a notary. • “Jurat” means a notarial act in which the notary certifies: (a) the identity of a signer who is personally known to the notary or provides the notary satisfactory evidence of the signer’s identity; (b) that the signer affirms or swears an oath attesting to the truthfulness of a document; and (c) that the signer voluntarily signs in the document in the presence of the notary. • “Notarial act” or “notarization” are amended to clarify that they mean an act that a notary is authorized (not “empowered”) to perform under Utah law. • “Notarial certificate” means “the affidavit described in Section 46-1-6.5 that is (a) part of or attached to a notarized document; and (b) completed by the notary and bears the notary’s signature and seal.” • “Personally known” replaces the term “Personal knowledge of identity.” The existing definition of this concept is retained. • “Signature witnessing” means a notarial act in which an individual appears in person before a notary and presents a document; provides the notary satisfactory evidence of identification or is personally known to the notary; and signs the document in the presence of the notary. Commissioning
Deletes the requirement that an individual’s Utah notary commission application be endorsed by two Utah residents who are over 18 years old. Clarifies an individual’s qualifications to obtain a Utah notary commission. The individual shall:
• Be at least 18 years old; • Lawfully reside in Utah for at least 30 days immediately before applying for a notary commission; • Be able to read, write and understand English; • Submit an application to the lieutenant governor containing no significant misstatement or omission of fact that includes the individual’s name as it will appear on the commission, residential address, business address, daytime phone number, date of birth, an affirmation that the individual meets statutory commission qualification requirements, an indication of any criminal convictions the individual has received including a plea of admission or no contest, all issuances, denials, revocations, suspensions, restrictions and resignations of a notarial commission or other professional license involving the applicant in Utah or any other state, an indication that the individual has passed the required examination, and payment of the application fee established by the lieutenant governor; • Be a United States citizen; or • Have permanent resident status under Section 245 of the Immigration and Nationality Act. Provides that the lieutenant governor may deny an application based on the applicant’s failure to pass the required examination.
Provides that an individual whose Utah notary commission has expired may not perform a notarial act until he or she obtains a new commission. Those with an expired commission who wish to obtain a new commission must submit a new application and comply with all statutory qualifications.
Requires a commissioned notary to maintain permanent residency in the state during the term of his or her notarial commission; those who do not maintain such residency must resign their notarial commission.
Removes the authority of the Utah Office of Risk Management to execute a bond for a notary.
Provides that a Utah notary commission is not effective until the notary named in the commission takes a constitutional oath of office and files a $5000 bond with the lieutenant governor, and the oath and bond are approved by the lieutenant governor.
Notary Journal
Clarifies responsibilities of notaries who maintain a journal. The notary shall keep the journal in his or her exclusive control, and ensure that the journal is not used by any other person for any purpose. Provides that a notary’s employer may not require the notary to surrender his or her journal upon termination of the notary’s employment.
Performing Notarial Acts
Adds signature witnessing to the list of notarial duties a Utah notary is authorized to perform. (Other authorized duties are jurats, acknowledgments, copy certifications, and oaths or affirmations). Prohibits Utah notaries from performing an act that is not among the statutory, authorized notarial duties; or performing an authorized duty when the principal is not the physical presence of the notary at the time of notarization.
Amends language concerning the notary’s official seal to clarify existing provisions, and prohibits a notary’s use of a notarial seal independent of a notarial certificate.
Provides forms of notarial certificates (referred to as “affidavits”). A correctly completed notarial certificate (“affidavit”) in substantially the form provided in HB 320 is sufficient for the completion of a notarial act by a Utah notary public.
Requires the notary to administer a verbal oath or affirmation to a signer when performing a jurat notarial act, and provides the wording for the verbal oath or affirmation.
Clarifies that a notary may not perform a notarial act if he or she will receive direct compensation from a transaction connected with a financial transaction I which the notary is named individually as a principal; or from a real property transaction in which the notary is named individually as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, lessee, buyer or seller.
Other Provisions
Allows a licensed escrow agent who is also a Utah notary public to notarize certain documents the licensed escrow agent signs. Provides that a notary is not required to change his or her name by adopting the surname of the notary’s spouse.
Deletes Utah Code Section 46-1-5, “Recommissioning.”
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WASHINGTON - SB 5635 Enacts the Uniform Power of Attorney Act, with modifications.
Provides that a power of attorney must be acknowledged before a notary public or other individual authorized to take acknowledgments, or attested by two or more competent witnesses (specific requirements for such witnesses apply).
Establishes a presumption of genuineness of the signature on a power of attorney that was acknowledged before a notary public or other individual authorized to take acknowledgments. Provides that physically unable signers of a power of attorney may sign with a mark, or may direct the notary or other authorized officer to sign on their behalf pursuant to the enabling provision in Washington’s real property law (RCW 64.08.100).
Exempts the following types of powers of attorney from applicability under the Act: (a) a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (b) a proxy or other delegation to exercise voting rights or management rights with respect to an entity; (c) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; (d) a power to make health care decisions under sections 217 and 218 of the Act; and (e) a power to nominate a guardian for a minor child under section 218 of the Act.
Provides a suggested form/format for powers of attorney.
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| WYOMING - HB 107 Effective 01.01.2017 View this bill Enacts the Uniform Real Property Electronic Recording Act (URPERA). Provides for the validity of electronic documents for recording. Authorizes electronic recording by county clerks.
Provides that a notary’s electronic signature, along with all other information required to be included (when a notary signs and seals a notarial certificate), satisfies the requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed or made under oath. A physical or electronic image of the notary’s traditional seal (stamp) impression need not accompany the notary’s electronic signature.
Tasks the Wyoming Department of Enterprise Technology Services with promulgating rules and regulations to implement the URPERA.
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