Notary Law Updates
| 2025-2026 Adopted/Enacted Notary Legislation Page Last Updated: May 28, 2026 CLICK HERE to view previous years' Notary Law Updates from the American Society of Notaries. |
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| ALABAMA – HB 440 Effective March 28, 2026 View this bill To further provide for probate court fees, HB 440 requires the probate court judge of Escambia County to collect certain fees "in lieu of the fees prescribed by general law." Among those fees are $30 for "notary recording" (recording of a notary public's commission). ------------------------------------- ALABAMA— SB 198 Eff. 10-1-25 View this bill Establishes the Alabama Nat’l Guard Legal Services Office and Legal Assistance program. Authorizes judge advocates and paralegals, while performing duties under Title 10 or Title 12, U.S.C., to perform notary actions pursuant to 10 U.S.C. §1044a (or if qualified as a notary public under state law). |
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| ARKANSAS – HB 1479 Effective 8-5-25 View this bill Amends the law concerning scrivener’s affidavits. Allows a licensed engineer, surveyor, or notary public to execute and record a scrivener’s affidavit in certain circumstances. ------------------------------------------ ARKANSAS — SB 584 Eff. 8-5-25 View this bill Amends Arkansas Code Sec. 7-9-103(c) by making it a Class A misdemeanor if a person acting in various capacities—including notary public—accepts or pays money or anything of value for obtaining signatures on a petition when it is known that the name of the person acting as canvasser is not included on the sponsor’s list filed with the Secretary of State or the county clerk [new law text] under Arkansas Code Sec. 7-9-601. |
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| ARIZONA – SB 1479 Effective July 15, 2026 View this bill Requires that, If a document to be notarized is a deed, quitclaim deed, deed of trust or other document that affects real property or a power of attorney document, the notary public shall require the party signing the document to place the party's right thumbprint in the notary's journal. Further provides that If the right thumbprint is not available, the notary public shall have the party use the party's left thumb, or any available finger, and shall so indicate in the journal. In addition, if the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary public shall so indicate in the journal and shall also provide an explanation of that physical condition. This subsection does not apply to a trustee's deed that results from a judicial or nonjudicial foreclosure or to a deed of release and reconveyance, nor to a trustee's deed that results from a judicial or nonjudicial foreclosure; a deed of release and reconveyance; or a notarial act performed for a remotely located individual as prescribed by and in compliance with section 41-263 if both of the following apply--(a) The notary journal includes the INDIVIDUAL'S identification CREDENTIAL number; and (b) the notary retains the audiovisual recording for at least seven years. ------------------------------------- ARIZONA - HB 2344 Effective 8-26-25 View this bill Echoes existing law by stating that, if an entity does not provide an option to notarize documents at a physical location without charge or cost, persons seeking notarial acts may use the services of any notarial officer who is authorized to perform the notarial act pursuant to the laws of the notarial officer’s commissioning state. |
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| FLORIDA — SB 538 Eff. 7-1-25 View this bill Amends F.S. 92.50 by allowing Florida judges to authenticate certain jurats or certificates of proof or acknowledgment by affixing the judge's signature and printing the judge's name, title, and court. -------------------------------------------------- FLORIDA – HB 915 Effective 7/1/25 View this bill Prohibits notaries public from using the terms “notario público,” “notario,” “immigration assistant,” “immigration consultant,” or “immigration specialist,” or any other designation or title in any language, to describe themselves under certain specified circumstances. Creates F. S. Sec. 117.051. Creates a civil cause of action for declaratory or injunctive relief and to recover damages and attorney fees and costs. Creates F.S. Sec. 501.1391. Requires certain businesses or persons offering immigration services to make a specified disclosure, Creates a civil cause of action for declaratory or injunctive relief and to recover damages and attorney fees and costs. |
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| GEORGIA – SENATE RESOLUTION 1053 Effective immediately upon Senate adoption (March 27, 2026) View the resolution This resolution recognizes President Donald J. Trump “for his leadership and continued efforts to make home ownership more affordable and achievable for all Americans…” (These actions are notable as they may stimulate home purchases and potentially increase business for notary public signing agents.) Among the President’s actions applauded in the resolution were: • Mr. Trump’s signing of an Executive Order entitled "Removing Regulatory Barriers to Affordable Home Construction," directing federal agencies to identify and remove unnecessary regulatory burdens that delay housing development, increase construction costs, restrict manufactured and modular housing, and limit the supply of homes available to American families; • his signing of a second Executive Order, “Promoting Access to Mortgage Credit,” that declares it to be the policy of the United States to improve the availability and affordability of mortgage credit, reduce regulatory burdens on lenders, embrace modern technology, foster consumer choice, modernize origination and closing standards, and promote competition among mortgage lenders in order to help drive down borrowing costs for American homebuyers; and • his directive to “key federal housing and lending officials to consider eliminating unnecessary wet-signature requirements for mortgage disclosures, applications, and closing documents while further calling for the standardization and acceptance of electronic signatures, e-notes, and remote online notarization as well as the promotion of digital mortgage standards, thereby advancing a common-sense modernization of the mortgage system so that families can pursue homeownership with fewer delays, lower costs, and less interference from outdated federal bureaucracy.” The Georgia Senate’s resolution further states that through these actions, the President “has sought to reduce artificial barriers to housing affordability, protect the ability of families to compete in the housing market, and reestablish homeownership as an attainable goal for hardworking Americans.” ------------------------------------ GEORGIA — HB 327 Eff. 7-1-25 View this bill Explicitly authorizes the electronic notarization of a trust instrument. ----------------------------------------- GEORGIA — SB 153 Eff. 7-1-25 View this bill Amends Georgia Code §45-17-8(e), relating to the powers and duties generally of notaries public, by replacing the term “personal identification card” with “identification card.” |
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| HAWAII HB 2088 Effective April 29, 2026 View this bill Amends Hawaii Revised Statutes, Section 578-2, by adding a notarial-act requirement to the petition to adopt a child in the Aloha State. |
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| IDAHO - HB 507 Effective July 1, 2026 View this bill Amends Article 136 of Idaho’s Model State Code of Military Justice, by removing “all commanding officers of the naval militia” from the list of individual authorized to “administer oaths necessary in the performance of their duties.” |
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| ILLINOIS – SB 1173 Effective 1-1-26 View this bill Expressly prohibits a notary public from charging a fee for any notarial act related to the execution (signing) of an Illinois Secretary of State Department of Driver Services Homeless Status Certification form. Illinois notaries must remain aware of this prohibition, be able to recognize this form, and ensure that they do not charge a fee if/when notarizing this form. _________________________________________ ILLINOIS – SB 1523 Effective 1-1-26 View this bill Requires every Illinois county recorder* to establish a land fraud referral and review process, for the purpose of combating land records fraud. Recorders are authorized to establish a process to revie and refer documents suspected to be fraudulent. Allows recorders, if they wish, to refer any deed or instrument to an administrative law judge for review, if the recorder believes review deeds and instruments. ____________ *In Illinois, the County Recorder’s O4ice is a separate o4ice with the specific function of managing land records. Some counties combine the duties of county clerk and county recorder into a single o4ice with dual responsibilities. |
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| LOUISIANA — HB 259 Eff. 2-1-26 View this bill Increases a Louisiana notary’s mandatory surety bond limit to $50,000. Strikes the option from law that the notary could instead maintain a minimum $10,000 in errors and omissions insurance. Makes necessary conforming amendments. ----------------------------------------- LOUISIANA— HB 89 Eff. 8-1-25 View this bill Requires the state registrar to issue a certified copy of a death certificate to a notary public, if the notary submits his credentials in declares in writing that he is assisting an heir of the deceased in the preparation of a small succession in accordance with Code of Civil Procedure Article 3431 et seq. ----------------------------------------- LOUISIANA — HB 310 Eff. 8-1-25 View this bill Amends existing law by providing that all civil and criminal filings made by an attorney shall be filed either in person in paper form or filed electronically with the clerk of court. ----------------------------------------- LOUISIANA — HB 385 Eff. 8-1-25 View this bill Amends existing law to specify that oaths or affirmations of (public) office administered to all officers of Louisiana shall be done so at no charge to the elected or appointed official. Additionally specifies that the oath or affirmation of all parish officers to be recorded in the parish clerk of court’s office shall be done so at no charge to the elected or appointed official. ----------------------------------------- LOUISIANA — SB 49 Eff. 8-1-25 View this bill Amends and simplifies existing law on notarial testaments. Provides the requirements (form) for notarial will. Specifies that a notarial will shall be prepared in writing, dated, executed before notary public in the presence of two witnesses, and signed by the testator, each witness and the notary. Provides that absence of an “attestation clause” does not invalidate a notarial will. Retains the use of attestation clauses in notarial wills to make them self-proving. Eliminates special requirements for notarial testaments for persons who are unable to sign or read. Eliminates special law for the execution of a testament in braille. Eliminates special requirements for notarial testaments for persons who are deaf or deaf and blind. Provides for the competency of witnesses to testament, and for the proof of testaments for probate. ----------------------------------------- LOUISIANA — SB 116 Eff. 8-1-25 View this bill Expands the jurisdictional limits of notaries qualified in St. Martin Parish and St. Landry Parish, by giving them reciprocal notarial authority in these two parishes (they may exercise any and all of the functions of a notary public in both parishes). Clarifies that no additional bonding or further application or examination shall be required. |
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| MAINE — LD 353 Eff. 7-1-25 View this bill Summary: Resolve, to Establish the Commission to Recommend Methods for Preventing Deed Fraud in the State. Resolves to establish a Commission to Recommend Methods for Preventing Deed Fraud in the State (of Maine). Provides that the commission shall consist of 13 members and provides specifications for those members. Establishes the Senate and House chairs of the Commission. Establishes the duties of the Commission. Requires the Legislative Council to provide necessary staff services to the commission at times other than when the Legislature is in regular or special session. Specifies that the Commission shall, no later than December 3, 2025, submit a report including the commission’s findings and recommendations for preventing deed fraud in Maine. |
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| MARYLAND - HB 130 Effective October 1, 2026 View this bill Establishes the Task Force to Study Deed Fraud. Requires the Task Force to review the incidence of deed fraud in Maryland, including the number of complaints, resolved deed fraud cases, amount of restitution awarded, and geographic and demographic trends. Requires the Department of Legislative Services to provide staff for the Task Force; and requires the Task Force by July 1, 2028, to report its findings and recommendations to the General Assembly. --------------------------------------------- MARYLAND - HB 251 Effective October 1, 2026 View this bill Repeals the requirement that a notarized bill of sale be submitted to the Motor Vehicle Administration when transferring ownership of certain used vehicles. --------------------------------------------- MARYLAND - SB 125 Effective October 1, 2026 View this bill Eliminates a requirement that Marylanders submit a notarized bill of sale to the Motor Vehicle Administration (MVA) when titling a used vehicle if the declared purchase price was significantly lower than the vehicle's retail value. Instead, the MVA will verify the used vehicle’s purchase price using other records such as canceled checked, money orders, loan documents, or a written description of the vehicle’s condition. |
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| MISSISSIPPI – Administrative Rule Title 1, Part 5, Chapters 2-4, 9-10 and 12 Effective 9-29-25 View these rules Modifies the Magnolia State’s notary public administrative rules on multiple points, as follows. Rule 1.2 Definitions • Deletes the rule’s definition of “affirmation” and “oath .” Renumbers rules as necessary. • Defines “Act [the Revised Mississippi Law on Notarial Acts],” “address,” “affirmation,” “applicant,” “appoint,” “appointment,” “document,” “dynamic knowledge-based authentication assessment,” “electronic document,” “electronic notarial act,” “electronic notarial certificate,” “electronic notarization system,” “electronic notary seal,” “official electronic seal,” “electronic signature,” “notary public,” “oath,” “public key certificate,” “Secretary of State,” “real time,” “reappoint,” “reappointment,” “spouse,” “tamper-evident,” and “tangible.” Rules 2.1 and 2.2, Eligibility – separates existing text into two distinctive, separate rules: • Rule 2.1 addresses applicants holding state and federal office • Rule 2.2 concerns commission eligibility under the circumstance of a “deemed” commission resignation. A “deemed” resignation occurs on the date a notary public no longer resides in Mississippi or employment within Mississippi terminates. Under a deemed resignation the notary must notify the SOS in writing or electronically within 30 calendar days of the effective date of the deemed resignation. Rule 2.4 Bond – A substantial new section of the rules. • Specifies that a notary commission shall not become effective until an oath of office and a $5000 bond have been filed with the Secretary of State. • Specifies that the bond shall be issued and executed by a surety licensed by the Mississippi Department of Insurance, for a term of 4 years commencing on the commission’s effective date and terminating on its expiration date. Provides that payment of bond funds shall be to any person “conditioned upon the notary’s misconduct, misfeasance or malfeasance.” • Requires the bond to be on SOS Form NP 002, Official Notary Public Bond, or a bond substantially in the form prescribed for public o4icial bonds in Mississippi Code (1972) Section 25-1-15. • Requires the bond to be submitted to the Secretary of State within 60 days of the application, with failure to timely submit resulting in rejection of the notary application. • Specifies that the Secretary may suspend a notary commission if a bond on file has been exhausted by claims payment(s); suspension is until a new bond is obtained by the notary AND the notary’s fitness to serve out the remainder of their commission term has been determined by the Secretary. • Requires that before taking the oath of office or registering an official signature, a notary public applicant shall present satisfactory evidence of ID as provided for in Mississippi’s RULONA. [Sections 25-34-11 and 25-34-13] Rule 2.5 Appointment and Issuance of Commission – requires persons who are taking the notary oath of office or registering their official signature to present satisfactory evidence of ID pursuant to existing notary law. Requires applicants, prior to being commissioned, to execute their oath of o4ice and submit the bond to the SOS. Rule 2.6 Reappointment – [Renumbering of an existing rule.] Allows a current notary to submit an application for reappointment up to 90 days prior to expiration of the existing commission. Specifies that the date of the new commission shall be the date immediately after the current commission’s expiration date. Requires reappointment applications to be filed at least 60 calendar days prior to commission expiration. Rule 2.7 Term of Commission – [Renumbering of an existing rule.] Provides that a notary public’s commission term shall expire on the expiration date of the notary’s surety bond, no more than 4 years after the commission date. Requires a notary to reapply with the Secretary of State for each commission term before performing any notarial acts. Part 5, Chapter 3, Rule 3.1 Official Stamp – No change from existing rules. The “example” of an official stamp provided in the rules requires these information elements: “State of Mississippi,” “John Q. Doe, Notary Public,” “(Name of) County,” “My commission expires (Date),” “Commission number (number).” Other rules pertaining to the official stamp that appear unaltered are Rule 3.2 (Stamping Device) and 3.3 (Replacement of Lost or Stolen Stamping Device). Part 5, Chapter 4: There is no apparent change to the following rules - Rule 4.1 Identification of Notary Public in Journal Rule 4.2 Journal Entries Rule 4.3 Form and Content [Tangible Journal] Rule 4.4 Form and Content [Electronic Journal] Rule 4.5 Custody and Control of Journal; Notification of Lost or Stolen Journal Rule 4.6 Inspection [Journal]; Response to Subpoenas and Investigative Requests Rule 4.7 Disposition of Journal Part 5, Chapter 5: Clarifies that to identify signers, certain current/unexpired credentials issued by a state of the United States are allowed, as are a driver’s license or nondriver ID card issued by a state or territory of Canada or Mexico and if such cards meet certain additional requirements. Creates a new Part 5 in Chapter 12, dealing with apostilles and authentications. Provides the general form/wording of these official documents, which generally conforms to existing nationwide and international standards. Authorizes the Secretary of State to refuse certification of a document when the Secretary has good reason to believe the certification is desired for an unlawful or improper purpose. Requires the Secretary’s Authentications O4icer (the individual generally tasked with reviewing requests for and issuing apostilles and authentications) to “examine the document as may be necessary to establish that the requested authentication is appropriate and not contrary to public interest.” |
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| MISSOURI — HB 754 Eff. 8-28-25 View this bill Highlights: • Provides requirements for the making of an electronic self-proved will, including by means of a remote electronic notarization performed in accordance with all applicable requirements of Missouri law. Provides the format of the certificate of such a notarial act. • Allows an individual to create a certified paper copy of an electronic will, and specifies the requirements. Provides that if a provision of law or rule of procedure requires a will to be presented or retained its original form or provides legal consequences for the information not being presented or retained in its original form, that provision or rule shall be satisfied by a certified paper copy of an electronic will. • Allows any written estate planning document to be executed electronically and establishes that it shall not be invalid or void solely because it is in electronic form or signed electronically. Names the document types that the term “estate planning document” shall include but not be limited to. • Allows an individual to create a certified paper copy of an electronic estate planning document. |
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| MONTANA—HB 165 Eff. 10-1-25 View this bill Amends Sec. 61-3-220, MCA by removing the requirement—upon the voluntary transfer of any interest in a motor vehicle, trailer, semitrailer, pole trailer, camper, motorboat, personal watercraft, sailboat or snowmobile for which a certificate of title was issued under Chapter 61, MCA—that the transfer’s signature on the certificate of title must be acknowledged before certain named officials including notaries public. |
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| NEBRASKA—LB 470 Eff. 9-2-25 View this bill Establishes that when any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing, of an attorney, whose signature is required by virtue of the attorney's representation of a party in an action, making the same (other than a deposition, an oath of office, or an oath required to be taken before a specified official other than a notary public), the matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing, of such attorney. Requires the unsworn declaration to be signed by the attorney as true under penalty of perjury, and dated, and provides wording for these declarations. |
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| NEW HAMPSHIRE - SB 469 Effective July 7, 2026 View this bill Allows the director of New Hampshire's Division of Motor Vehicles to adopt administrative rules regarding the use of electronic signatures and signature requirements when ownership of a vehicle is transferred to an insurer after payment of damages. Clarifies that notwithstanding any other law to the contrary, supporting documents used to transfer ownership of a vehicle to an insurer after payment of damages do not require a notarized signature and may be signed electronically as well as printed on "hard copy." Clarifies that for these purposes supporting documents include but are not limited to: limited powers of attorney; duplicate titles; and odometer statement forms. -------------------------------------------------- NEW HAMPSHIRE—HB2 Eff. 7-1-25 View this bill Expands the New Hampshire Department of Justice’s Division of Legal Counsel, by establishing within it an elections law unit responsible for enforcing violations of New Hampshire elections law and of the Uniform Law on Notarial Acts. ---------------------------------------- NEW HAMPSHIRE—SB 42 Eff. 8-22-25 View this bill Requires the beneficiaries of a transfer on death deed to file, with the registry of deeds, a notice of death affidavit within 60 days of the transferer’s death. Requires the notice of death to contain detailed information. “Thereby ensures” proper documentation and communication with the tax assessor. (New Hampshire notaries should be aware of the likelihood that such notices of death affidavits will be presented for a notarial act.) |
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| NEW YORK - SB 8887 Effective two years after becoming law , except that Sections One, Two, Three, and Four take effect on the same date and in the same manner as a chapter of the laws of 2025 amending the estates, powers and trusts law and the state technology law relating to electronic wills, as proposed in legislative bills numbers S. 7416-A and A. 7856-A, takes effect. View this bill Amends certain statutes dealing with electronic wills. Defines key terms, modifies some existing terms (and renumbers existing terms as necessary): • "Communication technology" -- an electric device or process that allows two or more remotely located individuals to communicate with each other simultaneously by sight and sound. • "Electronic presence" -- the relationship of two or more individuals in different locations communicating in real time [by electronic means] using communication technology to the same extent as if the individuals were physically present in the same location. • "Electronic will" -- a will executed electronically in compliance with paragraphs (a) and (b) of section 3-6.6 and subsequently filed with the New York state unified court system in accordance with section 3-6.9. • "Sign" -- with respect to an electronic record, means--with present intent to authenticate or adopt a record--to affix to or logically associate with the record an electronic symbol or process. Clarifies that "a will" is a written instrument, oral declaration or electronic record made as prescribed by applicable New York law. Clarifies the validity of wills executed electronically but not in compliance with specified law and establishes that they are formally valid and admissible to probate if executed in compliance with the law of the jurisdiction where the testator is physically located when the will is executed, or domiciled when the will is executed or when the testator dies. Clarifies the wording of a disclosure statement required to be included in an electronic will. Establishes a requirement for an electronic will that it be declared, by the testator to each of the attesting witnesses in their physical or electronic presence, that the instrument the testator has signed is the testator's will. Requires an electronic will to be created and stored using technology that reliably evidences [the following] to a person inspecting the electronic record: (1) The authenticity of the testator's signing of the electronic record; (2) The identity of that electronic record with the electronic record attested by the witnesses; (3) All additions, deletions, or other alterations of the electronic record after signing by the testator; and (4) Audit trail data. Creates a rebuttable presumption that an electronic will was created in compliance with applicable law, if specified legal requirements are met including that the electronic will was executed in compliance with the law(s) governing electronic notaries or other such officers duly authorized to administer oaths electronically. Amends New York's Judiciary Law detailing the administrative powers and duties of the Chief Administrator of the Courts, by requiring the Chief Administrator to adopt (administrative) rules necessary and appropriate to effectuate Part Six of Article Three of New York's Estates, Powers and Trusts Law regarding electronic wills. Pushes the effective date of the act governing electronic wills out by an additional two years after it has officially become a law. |
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| NORTH DAKOTA – SB 2144 Effective 8/1/25 View this bill Deletes a blanket statutory requirement that an applicant “for licensure” in North Dakota must provide their employer’s taxpayer or employer identification number. Deletes Section 43-55-09, North Dakota Century Code, regarding an applicant’s social security number or federal tax ID number. Clarifies that the Secretary of State shall notify each notary public, in a manner as prescribed by the Secretary of State, at least 30 days before the notary’s commission expires. Deletes a statement requiring such notice to be addressed to the notary public at their last known place of residence. Amends existing law to enable a notary to charge a technology fee when performing a notarial act under Century Code Section 44-06.1-13.1 or 44-06.1-18 if: the notary incurred fees for using technology to perform the notarial act; the notary and the person requesting the notarial act agree upon the technology fee in advance; and the notary explains to the person requesting the notarial act that the technology fee is separate from the notarial act fee. -------------------------------------------------------- NORTH DAKOTA—SB 2127 Eff. 8-1-25 View this bill Creates the Uniform Electronic Estate Planning Documents Act, which: • Provides that if any other provision of law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied with respect to an electronic nontestamentary estate planning document if an individual authorized to perform the notarization, acknowledgment, verification, or oath attaches or logically associates the individual's electronic signature on the document together with all other information required to be included under law. • Establishes that if any other provision of law bases the validity of a nontestamentary estate planning document on whether the document is signed, witnessed, or attested by another individual, then the signature, witnessing, or attestation of that individual may be electronic. • Defines the use of the term “electronic presence” to mean s two or more individuals in different locations are able to communicate in real time to the same extent as if the individuals were physically present in the same location. If any other provision of law bases the validity of a nontestamentary estate planning document on whether the document is signed, witnessed, or attested by another individual in the presence of the individual signing the document, the presence requirement is satisfied if the individuals are in each other's electronic presence. • Allows that a certified paper copy of an electronic nontestamentary estate planning document is created when an individual affirms under penalty of perjury before a notary public that the paper copy is a complete and accurate copy of the document. • Clarifies that the Act applies to an electronic nontestamentary estate planning document created, signed, generated, sent, communicated, received, or stored before, on, or after July 31, 2025. |
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| OKLAHOMA—HB 2104 Eff. 1-1-26 View this bill Clarifies that any person, notary public or other official authorized to administer oaths who notarizes, verifies, acknowledges or attests to the signature on the affidavit of an absent voter or on the attestation of an incapacitated voter, without the person whose affidavit or attestation is being taken actually appearing in person before said person, notary public or official authorized to administer oaths, shall be deemed guilty of a Class D1 felony offense. ---------------------------------------------------- OKLAHOMA—SB 1028 Eff. 1-1-26 View this bill Will require notary public commission applicants (new and renewing) to obtain a national criminal history record check. Specifies that the background check shall be conducted electronically, by the Oklahoma State Bureau of Investigation (OSBI). Requires a user to pay $50 or the cost, whichever is less, for searching this national database. Requires background checks to be provided to the Oklahoma Secretary of State within 14 days working days from receipt of the request. Establishes that a felony conviction not only is grounds for an existing notary’s removal from office, but it will also preclude a person from applying for or renewing a notary public commission. Increases Oklahoma’s new-notary application fee to $50, and increases the renewing notary application fee to $45. Increases the Secretary’s “same day filing service” fee to $50 (this is in addition to the standard applicable commission filing fee). Increases the mandatory notary bond amount from $1000, to a new amount of $10,000. Requires an increased bond filing fee of $25 (up from the current $10). ---------------------------------------------------- OKLAHOMA – HB 1792 Eff. 1-1-26 Email kathleen@asnnotary.org for a copy of this bill. Creates the Uniform Estate Planning Documents Act. Authorizes trusts, powers of attorney and other types of estate planning documents to be executed in electronic form, including being electronically notarized for a physically present or remotely present principal. Provides that neither electronic non-testamentary estate planning documents nor electronic signatures can be denied legal effect solely because they are electronic. --------------------------------- OKLAHOMA – SB 925 Eff. 11-1-25 View this bill Authorizes the filing of a “record of fraudulent conveyance” by victims of real property title theft. Specifies the information to be provided in such filings, to “be effective and entitled to be recorded.” Enacts measures to be taken by county clerks, in order to combat false (sham) filings of fraudulent real property sales (i.e., conveyances). Requires a county clerk to file a copy of a notice of fraudulent conveyance to the district attorney for investigation and potential prosecution. Specifies the circumstances that indicate a person has committed the crime of title theft. Requires county clerks to post a sign in or near their offices, in a manner clearly visible to the general public, stating that it is a crime for a person to knowingly file with the county clerk a fraudulent document pertaining to real property. |
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| PENNSYLVANIA - RULONA Effective March 28, 2026 The Pennsylvania Department of State (Department) Office of Notaries, Commissions and Legislation (Office) has adopted comprehensive regulations fully implementing the Revised Uniform Law on Notarial Acts (RULONA). These regulations were effective March 28, 2026 and published in the Pennsylvania Bulletin on March 28, 2026. Pennsylvania’s Department of State has provided the following summary of the major changes instituted by the regulations. Notaries should read and be familiar with the full text of the regulations, which may be accessed in the Pennsylvania Bulletin. These regulations should be read together with the RULONA statute. • Notary Bond – The bond amount is increased from $10,000 to $25,000. A notary public who holds a current commission on March 28, 2026 may continue to use the same bond until the expiration of that commission. All notaries newly appointed or reappointed on or after March 28, 2026 must obtain a $25,000 bond. Notaries whose commissions expire after March 28, 2026, but who timely applied for reappointment and were reappointed before March 28, 2026, will receive the form for the $10,000 bond. If a renewing notary receives the form for the $10,000 bond but wishes to obtain and record a bond in the amount of $25,000, they are welcome to do so. Please note that the appointment date and the first day of the commission may not be the same. For new notaries, the appointment date and the first day of the four-year commission are the same date. For renewing notaries who have timely submitted their renewals prior to commission expiration, the appointment date and the first day of the next commission term will not be the same. The appointment date for renewing notaries will predate the first day of the next commission. The appointment date for both new and renewing notaries is the date at the top right of the NOTICE TO APPOINTEE, at the time it is emailed to the new and renewing notary public. • Notary Stamp – The seven-digit commission identification number assigned by the Department is now required on the official stamp of the notary (formerly called the notary seal). The notary stamp must contain, in the following order: o The words “Commonwealth of Pennsylvania” o The words “Notary Seal” o The name as it appears on the commission of the notary public and the words “Notary Public” o The name of the county in which the notary public maintains an office o The date the notary public's commission expires o The notary commission number The following is an example of a compliant stamp: Commonwealth of Pennsylvania – Notary Seal John Q. Doe, Notary Public Dauphin County My commission expires May 19, 2027 Commission number 1234567 The size of the stamp remains the same (a maximum height of 1 inch and a width of 3 ½ inches with a plain border). Use of an embosser remains optional. A notary public who holds a current commission on March 28, 2026 may continue to use his or her seal until the expiration of that commission. All notaries newly appointed or reappointed on or after March 28, 2026 must use the new seal format. • Notary Journal – The new regulations do not change the information for each notarial act that is required in the journal. The regulations clarify that the journal may not contain any personally identifiable information about any individual appearing before the notary public, to include any part of a Social Security number, full driver’s license number or government-issued nondriver identification card number, date and place of birth, mother’s maiden name or biometric records. A journal may contain the customer’s signature and any additional information about a specific transaction that might assist the notary public to recall the transaction, including the date of the record. The journal may also contain terminal numbers of identification credentials, including the last four digits of a driver’s license or passport. • Inspection and Copies of Notary Journal – The new regulations further implement the RULONA requirement that a notary public must permit inspection of the journal to any person requesting to view the journal. The request for inspection may be oral or in writing. The inspection must occur in the presence of the notary public. Requests for certified copies of the journal may be oral or in writing and must specify the particular entry or time period sought. The notary public must provide the certified copy within 15 days of receipt of the request. • Notary fees – The maximum fees which notaries public may charge for notarial acts remain unchanged, but a new fee of $5 (per signature) has been added for the notarial act of witnessing or attesting a signature. In addition, the new rules allow electronic notaries public and remote notaries public to charge a fee not to exceed $20 per notarial act performed with respect to electronic records or using communication technology. The regulations require that a notary public shall provide an itemized receipt for all fees charged by the notary. • Identification of individual/customer – The regulations provide additional types of credentials which meet the requirement for satisfactory evidence of identity. Other forms of government identification that are current, contain the signature or a photograph of the individual, and are satisfactory to the notarial officer include any of the following: o An identification card issued by any branch of the United States armed forces o An inmate identification card issued by the Department of Corrections for an inmate who is currently in the custody of the Department of Corrections o An identification card issued by the United States Department of Homeland Security o A Social Security card o A Pennsylvania State university identification card or State-related university identification card o A Pennsylvania medical marijuana identification card o A consular identification document issued by a consulate from the individual’s country of citizenship, provided it uses letters, characters and a language that are read, written and understood by the notary public • Use of interpreter and documents not in English – The new rules specify that a notary public must be able to communicate directly with the individual for whom a notarial act is being performed in a language they both understand or indirectly through an interpreter. The interpreter must be able to communicate directly with the individual for whom the notarial act is being performed and with the notary public at the time of the notarization. A notary public may notarize a document that is a translation and in a language that the notary public does not understand only if the person performing the translation makes a verification on oath or affirmation stating that the translation is accurate and complete. The translation and notarized verification must be attached to the record for which the notarial act is being performed. The notarial certificate must always be in English. The certificate may be simultaneously worded and completed in another language that is read, written and understood by the notary public. The foreign language certificate must be immediately adjacent to the English-language certificate. • Notifications to the Department – The new rules require a notary public to notify the Department within 30 days of any change in the information on file with the Department, including: o Name o Office address and phone number o Home address and phone number o Email address o Selected electronic notarization technology provider o Selected remote notarization technology provider o Resignation from the office of notary public o Conviction of or acceptance of Accelerated Rehabilitative Disposition in resolution of a felony or an offense involving fraud, dishonesty or deceit o Disciplinary action taken against the notary public’s commission by the commissioning authority of another state or jurisdiction o Finding against, or admission of liability by, the notary public in any criminal, civil or administrative proceeding, based on the fraud, dishonesty or deceit of the notary public o Finding by the Pennsylvania Bar Association or the courts of the Commonwealth or the bar or courts of any other state or jurisdiction finding that the notary public has engaged in the unauthorized practice of law o Payment to a claimant under the notary’s bond • Certified copies – The new rules list records for which a notary public may not issue a certified copy: o Vital records (birth and death certificates) o United States Naturalization Certificates o A government-issued record that on its face states “do not copy,” “illegal to copy” or words of similar meaning. o A record that is prohibited by law to copy or certify o The new rules list records for which a notary public may issue a certified copy: ⇒ Public records ⇒ Passports ⇒ Driver’s licenses ⇒ Transcripts ⇒ Diplomas ⇒ Contracts ⇒ Leases ⇒ Bills of sale ⇒ Medical records, consents or waivers ⇒ Powers of attorney • Standards for approval of electronic notarization technology and remote notarization technology – The regulations provide more specific rules for the approval of electronic notarization and remote notarization technologies and also for when a provider ceases providing the technology. • Acts or omissions providing the basis for sanctions – The new rules provide explicit examples of acts or omissions that may lead to discipline of a notary commission. Some examples include: o Notarizing the individual’s own signature or statement o Notarizing a spouse’s signature or statement, when the notary public or the spouse has a direct or pecuniary interest in the record o Affixing to or logically associating the notary’s official stamp or signature with a record or notarial certificate before the notarial act has been performed o Post-dating or predating notarial acts o Altering a record after it has been notarized. This includes altering the notarial certificate for a purpose other than to correct a ministerial error o Altering, inserting or deleting journal entries other than to correct a clerical error o Retaining a customer’s record or identification credential or retaining a copy of a customer’s record or identification credential, unless permitted by law • Offenses involving fraud, dishonesty or deceit – The regulations provide a new and comprehensive list of crimes that involve fraud, dishonesty or deceit and which may be a basis for discipline upon conviction or acceptance of accelerated rehabilitative disposition by the applicant or notary public. The regulations do not change the other major provisions of the Revised Uniform Law on Notarial Acts (RULONA), including education, examination, the six notarial acts authorized by RULONA, personal appearance, notarial certificates, appointment and commission as a notary public, disqualification to receive a commission, penalties, the ability of notaries to electronically and remotely notarize records and advertising. |
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| RHODE ISLAND—HB 6385 See effective date clause View this bill Makes several grammatical, non-substantive amendments to Rhode Island’s Uniform Law on Notarial Acts. |
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| SOUTH DAKOTA - FINAL NOTARY ADMINISTRATIVE RULES - SECRETARY OF STATE 05:04:03:01 and 04; 05:04:06:07; 05:04:06:07.01; 05:04:06:09 Effective 9-29-25 Read the amended rules (pages 1-7) Through these administrative rules, the South Dakota Secretary of State has implemented the Legislature’s decision to eliminate the surety bond requirement for the state’s notaries public. (See South Dakota House Bill 1133, below.) Rule changes: • All references to "bond" and "bond form" are eliminated. • The state's notary public application form is amended to remove the Personal Surety Form language. • The data fields and information requirements for South Dakota's notary public application form are individually specified. • The list of South Dakota laws implemented by the rule is updated to include SDCL 18-1-3.1. ------------------------------------------------------ SOUTH DAKOTA—HB 1133 Eff. 7-1-25 View this bill Amends South Dakota Century Code by deleting the requirement that a notary applicant obtain a six-year, $5000 surety bond. Editor’s Note: The South Dakota Secretary of State’s Notary website contains this notification: “Effective July 1st, the surety bond/Personal Surety Form is no longer required to apply and become a South Dakota Notary Public. If you would like to wait until July 1st or after to apply, please ignore the below instructions.” https://sdsos.gov/general-services/notary-public/how-becomenotary.aspx --------------------------------------- SOUTH DAKOTA—HB 1192 Eff. 7-1-25 View this bill Lifts the $10 cap on fees that a notary public may charge for notarization of an instrument (document). Retains existing law’s prohibition against a notary charging a fee for notarizing a request for an absentee ballot. |
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| TENNESSEE—SB 1051 Eff. 1-1-26 View this bill Requires, as a new qualification, that a person wishing to be commissioned as a Tennessee online notary public must—in addition to satisfying the qualification requirements for appointment as a notary public—complete a course of instruction concerning online notarization and pass an examination administered by the online notarization course provider. Requires the course of instruction on online notarization to be approved by the Secretary of State or the Secretary’s authorized representative or designee. Requires remote notary applicants to provide a certification that the applicant has reviewed, understands, and will comply with the requirements of Sec. 8-16-306(c)(7), TCA, and rules promulgated by the Secretary of State. Deletes a prior certification/statement requirement (superceded by the new language). Adds a new subsection to Sec. 8-16-306, TCA, providing that the required court of instruction must cover, at a minimum, notarial laws; technology procedures of online notarizations; and ethical requirements for online notaries. |
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| TEXAS - Administrative Rules, Office of the Secretary of State -- Chapter 87, Notary Public, Subchapters A, B, and C Effective 1-1-2026 View these rules…(see pdf page 126) In concert with sweeping modernization of its business and governments filings system, the Texas Secretary of State has enacted the following amendments to administrative rules affecting Notary Public commission applicants and Notaries Public generally. Enacts new administrative rule 1 TAC §87.5(a) and (b), providing that the nonrefundable fee for an applicant’s notary education course or continuing education course, as applicable, is $20. Requires an applicant to pay a separate fee for their notary education course or continuing education course, each time the applicant takes either course. Enacts new administrative rules 1 TAC §87.8, and §87.9, setting forth the notary education requirements for individuals seeking a new or renewal Texas notary commission. For Texas notary commission applicants: • Requires every applicant (for either new or renewal commissions) to complete their notary education training before applying for their actual appointment. • Requires that an applicant must first pay the notary education course fee in order to take their training. • Specifies that the required notary education course taken shall be established and offered by the Secretary of State, and shall not exceed two hours. • Requires applicants to successfully answer a minimum of 70% of questions presented to the applicant during the education course. • Clarifies that traditional notary commission applicants fulfill the education requirement by taking a notary education course and successfully answering questions on traditional notary subject matter; and that applicants also applying for an online notary public commission fulfill the education requirement by taking a notary education course and successfully answering questions on online notary public subject matter. • Requires that applicants take their education course on or before the 90th day after the date on which the Secretary of State has received an applicant’s course fee. Establishes that failure to do so will result in forfeiting the course fee, and that any (part of) course completion occurring after the 90-day has expired will not fulfill (count toward) completing the education requirement. • Requires applicants to pay a new course fee with each reattempt to complete a course. • Prohibits an applicant seeking to fulfill the education requirement from completing a notary education course more than three times in a three-month period. Establishes continuing education requirements. Specifies that a Texas notary public must take the continuing education required by Texas Government Code §406.011 before the notary may apply for commission reappointment. • Requires that an applicant must first pay the continuing education course fee in order to take their training. • Specifies that the required notary education course taken shall be established and offered by the Secretary of State, and shall not exceed two hours. • Requires applicants to successfully answer a minimum of 70% of questions presented to the applicant during the education course. • Clarifies that renewing, traditional notary commission applicants fulfill the continuing education requirement by taking a notary continuing education course and successfully answering questions on traditional notary subject matter; and that applicants also applying for an online notary public commission fulfill the education requirement by taking a notary education course and successfully answering questions on online notary public subject matter. • Requires that applicants take their education course on or before the 90th day after the date on which the Secretary of State has received an applicant’s course fee. Establishes that failure to do so will result in forfeiting the course fee, and that any (part of) course completion occurring after the 90-day has expired will not fulfill (count toward) completing the education requirement. • Requires applicants to pay a new course fee with each reattempt to complete a course. • Prohibits an applicant seeking to fulfill the continuing education requirement from completing a notary continuing education course more than three times in a three-month period. Enacts new administrative rules 1 TAC §87.13, and §87.14, providing for the Secretary of State’s issuance of the Traditional Notary Public Commission and the Online Notary Public Commission. Specifies (line-items) the items and actions required from the applicant in order for the Secretary to issue a Traditional or Online Notary Public Commission, which include the required bond, proof of mandatory education completion, statement of officer and fees payable to the Secretary. Provides that the Secretary shall not commission an applicant if the applicant had a prior application rejected or a commission revoked for reasons or ineligibility or good cause, and the reasons continue to exist. States that an application shall be approved and filed when all conditions for qualification are met, and the Secretary shall cause issuance of the desired commission. Makes related conforming amendments to Administrative Rule 1 TAC §87.20, concerning Notaries Without Bond. ------------------------------------------- TEXAS—HB 5093 Eff. 9-1-25 View this bill Establishes that certain law(s) on confidential information maintained by specified government bodies does not prohibit the Secretary of State from disclosing the home address, home telephone number, or electronic mail address of a notary public appointed under Texas law (Chapter 406, Subchapter A). -------------------------------------- TEXAS—SB 693 Eff. 9-1-25 View this bill • Adds, to the requirements for qualifying as a new or renewing Texas notary public, the applicant’s successful completion of education requirements established under Gov’t Code Section 406.023. • Modifies the statutory description of “good cause” (the standard for the Secretary of State’s rejection of a notary public application or for the Secretary’s revocation of an existing commission) to include a Texas notary’s failure to maintain records of notarizations as specified under Gov’t Code Section 406.014. • Creates new code Section 406.0091 which establishes that a person commits an offense if, as a notary public, the person performs any notarization with knowledge that the signer, grantor, maker or principal for whom the notarization is performed did not personally appear before the notary public at the time the notarization is executed. Makes such offense a Class A misdemeanor, and a state jail felony if the document being notarized involves the transfer of real property or any interest in real property. • Provides an affirmative defense to prosecution for a notary’s failure to require personal appearance, when the person who appeared before a notary public—regardless of their identity—knowingly presented an apparently valid proof of identification that identified the present person as the signer, grantor, make, or principal for whom the notarization was intended to be performed. Defines what “personally appears before notary public” means for purposes of this bill provision, clarifying that it pertains to physical appearance as well as appearance by means of compliant online notarization technology. • Requires a notary public to retain their records of notarial acts pursuant to Gov’t Code Section 406.014(a) until the 10th anniversary of the date of notarization. • Requires the Secretary of State to adopt rules necessary to establish requirements for appointment, and reappointment, continuing education requirements. Requires that the rules: o not require a person to complete more than 2 hours of education for appointment or two hours of continuing education for reappointment; o require that the secretary of state establish and offer education and continuing education courses and allow the secretary to charge a reasonable fee; o require that the education and continuing education course hours required for notary public appointment or reappointment may only be completed through a course established and offered by the Secretary of State; and o not require a person appointed as a notary public before September 1, 2025 to complete education requirements for initial appointment as a notary public on or after that date. • Specifies that the Secretary shall, no later than January 1, 2026, adopt rules necessary to implement the law changes made by SB 693. • Clarifies that the law changes made by SB 693 apply only to a notary public applications for appointment or reappointment submitted on or after January 1, 2026. Provides that an application submitted before January 1, 2026 is governed by the law in effect up until the effective date of SB 693, and “that law is continued in effect for that purpose.”
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| UTAH – SB 139 Effective May 6, 2026 View this bill This bill revises the Beehive State's Revised Uniform Law on Notarial Acts (RULONA). Definitions and Key Terminology Amends several definitions in Section 46-1-2, creates new definitions, and clarifies key terminology, as follows: Defines "electronic journal" to mean an electronic journal of notarial acts that a remote notary is required to keep under Subsection 46-1-13(1)(c) or (2)(b) of the RULONA. Revises "electronic recording of a remote notarization" to clarify that it means an audio and video recording of the performance of a remote notarization. Clarifies that "journal" means a physical journal of notarial acts that a notary keeps under [RULONA] Subsection 46-1-13(1)(a) or (2)(a); or an electronic journal. Further clarifies that "journal" does not include an electronic recording of a remote notarization. Clarifies that "notarial act" means (a) a jurat; (b) an acknowledgment; (c) a signature witnessing;(d) a copy certification; or (e) an oath or affirmation." (Relocates the term “notarization” within the law and defines it; see below.) Defines "notarization" to mean "the performance of a notarial act." Defines "notarized" to mean that a notarial act or notarization is completed for a record or proceeding. Clarifies that "notary public" means the same as notary. Modifies the law's reference to "personally known," in the Definitions section, to "personally knows." Clarifies the Act's definition of "satisfactory evidence of identity," as follows: "Satisfactory evidence of identity" means: (i) for both in-person and remote notarization, identification of an individual based on: (A) unexpired personal identification that: (I) includes the individual's photograph, signature, and physical description; and (II) is issued by the United States government, the government of a state, district, territory, or possession of the United States, a federally-recognized tribal government, or a foreign government; (B) an unexpired passport issued by any nation; (C) the oath or affirmation of a credible individual whom the notary personally knows and who personally knows the individual seeking the notarial act; or (D) the oath or affirmation of a credible individual who: (I) personally knows the individual seeking the notarial act; (II) the notary does not personally know; and (III) provides the notary with the credible individual's identification described in Subsection (25)(a)(i)(A) or (B); and (ii) for a remote notarization only, in addition to a method of identification described in Subsection (25)(a)(i), secondary authentication of identity of: (a) except as provided in Subsection (25)(a)(ii)(B), the individual seeking the notarial act; or (b) the credible individual described in Subsection (25)(a)(i)(D), if the individual seeking the notarial act is identified under the method of identification described in Subsection (25)(a)(i)(D). Further clarifies that "satisfactory evidence of identity does NOT include: (I) a driving privilege card under Subsection 53-3-207(12); or (II) a document other than a document described in Subsection (25)(a)(i)(A) or (B). Defines "secondary authentication of identity" to mean a third party's verification of an individual's identity, in accordance with rules made under Section 46-1-3.7, by means of: (A) dynamic knowledge-based authentication, which may include requiring the individual to answer questions about the individual's personal information obtained from public or proprietary data sources; or (b) analysis of the individual's biometric data, which may include facial recognition, voiceprint analysis, or fingerprint analysis. Defines "title agency" to mean a person that provides title insurance, as defined in [Utah law] Section 31A-1-301. Remote Notarial Acts Clarifies, via statutory citation (Subsection 46-1-2(25)(a)(i)(A) or (B)), the image/form of identification that an individual appearing for a remote notarial act must transmit to the remote notary in order to provide satisfactory evidence of identification. Clarifies that a remote notary shall create an "electronic" recording of each remote notarization performed and strikes the former wording requiring an "audio and video recording.” Clarifies the relevant statutory cites (Section 46-1-41.1 and 46-1-15). Journal Provisions Significantly amends existing law's journal provisions, particularly with respect to journal records of remote notarial acts. Retains law language making use of a permanently bound journal permissive (not mandatory) for CURRENTLY commissioned notaries (those commissioned as of May 6, 2026). Clarifies that if a notary (under any circumstances) keeps a permanently bound journal, then the notary shall retain the journal for 10 years after the day on which the notary records the last notarial act in the journal, regardless of whether the notary ceases to be a notary. Additionally requires that following the 10-year retention period, a notary shall destroy their permanently bound journal by shredding or another means of destruction that renders all information in the journal illegible. Requires notaries renewing their commission or obtaining a new one on or after May 6, 2026 to use and securely keep a physical journal in which they will record each notarial act (except those performed by means of authorized remote notarization technology) that the notary performs. Requires a remote notary to maintain an electronic journal, and each recording of a remote notarization, for 10 years after the day that the notary records the last notarial act in the journal, regardless of whether the notary ceases to be a notary. Also requires that a remote notary (or any designated custodian under RULONA's Subsection 46-1-15(2)(b)(i)) shall maintain an electronic journal and any electronic recording of a remote notarial act for 10 years after the day that the notary records the last notarial act in the journal, regardless of whether the notary ceases to be a notary. Requires that upon the end of the 10-year retention period the notary shall destroy or ensure that the custodian erases, overwrites, or otherwise destroys the electronic journal as well as any remote notarization electronic recordings, including all backups, by means that render all the data irretrievable. Clarifies that a notary employed by an attorney or law firm is not required to keep a journal of notarial acts performed by the notary in the course and scope of the notary's employment with the attorney or law firm. Further provides that a journal or other record of a notarial act performed by an attorney or law firm's employee notary is the property of the attorney or law firm and not subject to disclosure or inspection by the Lieutenant Governor. Clarifies that the provisions of SB 139 do not require an attorney or law firm to take any action that would constitute a violation of attorney-client privilege. Also provides that a journal or other record of a notarial act performed by a notary in the course and scope of the notary’s employment by a title agency is the property of the title agency and is not subject to disclosure or inspection by the Lieutenant Governor. Requires remote notaries to describe in their journal any secondary authentication of identity used in performance of a remote notarization. Further requires remote notaries to include, for each electronic notarization recorded in the notary’s electronic journal, a copy of the electronic recording of the remote notarization. Allows a notary to make a single entry in a journal to document more than one notarial act if the notarial acts are performed for the same individual at the same time on one record; or similar records. Provides that when a notary is performing a notarial act for an individual, the notary is not required to have the individual sign the journal if: (A) the notary has performed a notarial act for the individual within 180 days before the day on which the notary performs the notarial act; (B) the notary has personal knowledge of the identity of the individual; (C) the individual is an employer or a coworker of the notary; (D) the notarial act relates to a transaction performed in the ordinary course of the individual's business; and (E) the notary enters "known personally" in place of the evidence otherwise required for the detailed record described in Subsection; or (ii) for a remote notarization, the notary uses the electronic journal to: (A) capture and record the individual's signature; and (B) associate the signature with the remote notarization. Requires a notary or remote notary who refuses to perform or complete a notarial act to record, in their journal: (a) the present individual’s identification information and particulars of the requested notarial act that the notary was able to capture (see the bill’s Subsection (2)(b); and (b) a description of the reason the notary refused to perform or complete the notarial act. Requires a remote notary to ensure that their electronic journal, and the electronic recording of each remote notarization, are a secure and authentic record of the remote notarizations that the remote notary performs; and to maintain and protect from unauthorized access or use a back of the electronic journal as well as the electronic recording of each remote notarization recorded in the journal. Clarifies that a remote notary may designate a custodian of the remote notary’s electronic journal and the electronic recording of each remote notarization. Further clarifies that references to “journal” are referring to the notary’s electronic journal. Clarifies that a remote notary who designates a (notary records) custodian shall include the law’s record-retention requirements and record-destruction requirements applicable to the remote notary’s electronic journal and recordings. Explicitly provides for the right of the Lieutenant Governor or the Lieutenant Governor’s designee to inspect a notary’s journal or a remote notary’s electronic recordings relating to a notarial act, in order to ensure compliance with the requirements of applicable law or a related provision of law; or to verify the authenticity of a notarial act. Establishes that an individual may, during the notary’s normal business hours, inspect or request a copy of an entry for a specific notarial act in the notary’s journal if: (i) the notary personally knows the individual or verifies the individual's identity by satisfactory evidence of identity; (ii) the individual specifies: (A) the type of notarial act the individual desires to inspect; (B) the document to which the notarial act relates; (C) the month and year of the notarial act; and (D) the name of the principal to which the notarial act relates; (iii) the individual affixes the individual's signature in the journal, as a separate entry that contains: (A) the individual's name and address; (B) the method used to identify the individual; (C) the notarial record the individual inspects or of which the individual requests a copy; (D) the date of the inspection or request; and (E) the reason for the inspection or request; and (iv) the individual inspects, or the notary provides a copy of, only the entry requested by the individual. Allows a notary to refuse to allow journal inspection or provide a copy of a journal record if the notary has a reasonable belief, and the notary can articulate it, that the individual has criminal or harmful intent in making the request for journal inspection or a journal record. Addresses “official request(s)” to inspect a notary’s journal, and establishes that “official request” means a request made by law enforcement relating to a law enforcement investigation; a subpoena issued under the authority of law or under court authority; or a court order. Requires a notary to comply with an official request to inspect a journal or journal entry, or an electronic recording of a remote notarization, except that if a portion of a remote notarization includes biometric information or an image of identification used for the remote notarization, the notary shall not allow inspection or release of that portion unless the individual to whom the information or identification relates gives their consent, in writing, to the inspection or release; or the inspection request is ordered by a court with jurisdiction; or the inspection request is made by the lieutenant governor or a designee of the lieutenant governor. Clarifies that neither notary journals nor an electronic recording of a remote notarization are a record under Utah law’s Title 63G, Chapter 2, Government Records Access and Management Act. Creates new law concerning authorized access to a notary’s remote notarization technology. Provides that for such purpose, “authority” means (i) legal authority; or (ii) authority granted by a notary for a person to provide maintenance, repair, or technical support in relation to: (A) the notary's journal; or (B) equipment, hardware, software, computer code, or an electronic storage medium, used or intended for use in performing a notarial act. Establishes that “an actor” commits unlawful interference with a notary if the person, without authority, knowingly, uses, forges, takes, accesses, conceals, damages, destroys, or alters: (i) a notary's signature or electronic signature; (ii) a notarial certificate or electronic notarial certificate; (iii) an official seal; (iv) the equipment, hardware, software, computer code, or electronic storage medium used or intended for use in performing a notarial act; (v) a journal; or (vi) an electronic recording of a remote notarization. Further establishes that committing such unlawful interference with a notary is a class B misdemeanor. Requires a notary discovering that they have suffered unlawful interference relative to the notary or any item described in SB 139’s Subsection (10)(b) to immediately report the violation by notifying a law enforcement officer with jurisdiction. The notary must also provide written notice of the discovery to the lieutenant governor. Requires these notifications to be provided by U.S. (regular) mail, certified mail, or another delivery method that provides a receipt confirming delivery. Requires the notice to include the notary's name, address, and commission number; a description of the discovery and the relevant facts; if the matter involves a journal or an electronic recording of a remote notarization, the time period covered by the affected journal or electronic recordings; and if the discovery involves unlawful interference under Subsection (10)(b), the information necessary for the lieutenant governor to identify and obtain the related police report. Finally, SB 139 contains a repealer clause (to formally revoke or annul previous law) and provides that the bill shall take effect on May 6, 2026. ___________________________________________ UTAH - SB 8 Effective 7-1-25 View this bill (search for term “notary”) Provides for and/or establishes Utah state agency fees, internal service fund rate authorizations, and appropriations. Establishes the fees to be charged for notary commissioning ($95); notary test retakes ($40); and the remote notary application ($50). |
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| VERMONT – ADMINISTRATIVE RULES, NOTARIES PUBLIC View these rules Effective 2-26-25 Creates significant and wide-ranging new administrative rules addressing remote and in-person electronic notarization, commissioning and eligibility requirements, applying for a commission, term of commission, notary training, notary case rulings, accommodations for persons with disabilities, notarial practices, notary training, commission term, official stamps, reporting name changes, complaints against notaries, notary complaints, notary cases and rulings, the Americans With Disabilities Act, performing notarial acts and requirements. Defines these terms: “commission,” “commission number,” “digital certificate,” “Director,” ‘electronic,” “electronic notarial certificate,” “electronic official stamp,” “electronic record,” “electronic signature,” “judiciary-related employee,” “law-enforcement-related employee,” “notarization,” “notary public,” “office,” “official duties,” “physical official stamp,” “remote electronic notarial act,” “remotely located individual,” “special endorsement,” “tamper evident,” and “tamper-evident technology.” Provides that the practice of notaries public is defined and regulated pursuant to 26 V.S.A. § 5301 et seq. Establishes the following procedures. Applications Commission and Special Endorsement applications must be completed through the Office website. Incomplete applications will not be processed. Provides that applications are complete only when all required questions have been answered fully, all attestations made, all required documentation and materials provided, and all fees paid. Provides that a notice stating the reasons for the action shall be sent to the applicant by certified mail, when the Office intends to deny an application based on unprofessional conduct or an ongoing investigation for unprofessional conduct. Establishes that the applicant shall have 30 days to seek a hearing before an Administrative Law Officer in accordance with 3 V.S.A. § 129(e)(1). Provides that when the Office denies an application for a commission based on a finding by the Director that the applicant has not fulfilled the qualifications or met the standards required for issuance of the commission or special endorsement, notice stating the reasons for the denial shall be sent to the applicant by certified mail. Establishes that the applicant will have a right to appeal the decision in accordance with 3 V.S.A. §§ 129(e)(2) and 130a. Establishes that the Office may refuse to accept any application found to be redundant with a denied or in-process application. Establishes that the Office may deem expired any application for a Commission or Special Endorsement that is left incomplete for six months. Complaints Provides that a complaint against a notary public, an applicant for a notary public Commission, or an unauthorized person practicing without a required Commission or Special Endorsement may be submitted through the Office website Contested Cases Provides that procedures in contested cases relating to Commissions, Special Endorsements, or discipline are governed by the Office of Professional Regulation Administrative Rules of Practice, CVR 04-030-005, as those rules may from time to time be modified. Declaratory Rulings Provides that petitions for declaratory rulings concerning the applicability of any statutory provision or of any rule or order of the Office may be made pursuant to 3 V.S.A. § 808 and Office procedure. Reasonable Accommodation States that the Office complies with applicable provisions of the Americans With Disabilities act. Conflict of Standards Establishes that where a standard of unprofessional conduct set forth in statute conflicts with a standard set forth in rule, the standard that is most protective of the public shall govern (3 VSA §129a(e)). Waiver or Variance Provides that the Director will not grant routine waivers or variances from any provisions of the rules without amending the rules (3 V.S.A. § 845). Establishes that where, in extraordinary circumstances, application of a rule would result in manifest unfairness, an absurd result, unjustifiable inefficiency, or an outcome otherwise inimical to the public health, safety, and welfare, the Office may upon written request of an interested party so find, grant a waiver with or without particular conditions and limitations, and record the action and justification in a written memorandum. Clarifies that this rule shall not be construed as creating any administrative hearing right or cause of action. Commission Required Provides that, except as provided in Part 4-3, an individual must obtain a commission to perform notarial acts in Vermont. Specifies that notaries public holding a commission may perform notarial acts only on tangible records and only for people appearing physically before the notary public. Requires that for all other notarial acts, notaries public shall obtain a Special Endorsement in accordance with Part 6 of the administrative rules. Commission Eligibility Sets forth these requirements for a person to qualify for a notary public commission: a. Be at least 18 years old; b. Be a citizen or permanent legal resident of the United States; c. Be a resident or have a place of employment or practice in the State of Vermont; d. Not be disqualified to obtain a Commission based on the grounds listed in 26 V.S.A. § 5342; e. Pass an examination approved by the Office based on the statutes, rules, and ethics relevant to the provision of notarial acts; f. Execute and submit to the Office a notarized oath of office; and g. Pay the required non-refundable fee. Provides specified commission-process exemptions for certain applicants, including judiciary-related employees; attorneys; town clerks, assistants, and justices of the peace; law-enforcement-related employees acting within the scope of their official duties. Location of a Notary Public Clarifies that a notary public shall be physically located within the borders of Vermont when performing all notarial acts under the authority of a Vermont notary public commission. Notary Name and Name Change a. Requires notaries public to sign notarial acts (i.e., a notarial certificate) using the same name they signed on the notarized oath of office submitted in their Commission. b. Requires that within thirty days after a change of name, address, or e-mail address, a notary public shall report the change to the Office by updating the notary public’s online file and, for name changes, shall submit court documentation of the name change, and an updated notarized oath of office signed with the notary public’s new signature. c. Prohibits a notary public from performing notarial acts after a name change until the updated oath is submitted. Notary Continuing Education Provides that as a condition of renewal, and unless an exemption applies, notaries public shall complete continuing education in accordance with administrative rule(s). (NOTE: this is apparently intended to simply align rules with existing law.) Biennial Commission and Special Endorsement Period a. Provides that commissions and associated special endorsements are valid for fixed, two-year periods. States that expiration dates are printed on the Commission. Further states that a commission and any associated special endorsement expires if not renewed by midnight at the conclusion of the date of expiration. b. States that practice under an expired Commission or an expired Special Endorsement is a violation of 3 V.S.A. § 127. c. Establishes that a search tool on the Office website may be considered a primary source verification as to a notary’s commission and Special Endorsement status and expiration. Commission and Special Endorsement Renewal a. Requires Online Commission and Special Endorsement renewal applications to be completed through the Office website. b. Provides that the Office transmits email reminders to notaries public at the end of each biennial commission period; however, non-receipt of such reminders shall not excuse a notary public from the obligation to continuously maintain a commission and, where applicable, a Special Endorsement, or the consequences of failing to do so. c. Provides that an applicant issued an initial Commission or Special Endorsement within 90 days of the end of a biennial period will not be required to renew, pay any renewal fees, or complete any continuing education prior to the end of that biennial period. Further provides that the Commission and any associated Special Endorsement will be issued through the next full biennial period. Requires notaries public to fulfill renewal requirements for subsequent renewals. d. Provides that late renewal applications are subject to reinstatement penalty fees. Allows waivers of such fees to be requested through the online licensing system. 3 V.S.A. § 127(d). Notarial Acts Establishes that notaries public may perform only certain notarial acts and only in accordance with 26 V.S.A. § 5363 and these Rules. Establishes the requirements for performance of each approved act, they are: • Taking an acknowledgement of a record; • Taking a verification of a statement on oath or affirmation; • Attesting to a signature and determining that the individual appearing before the notary public has the identity claimed and is the person who signed the document; • Noting a protest of a negotiable instrument; • Certifying that a tangible copy of an electronic record is an accurate copy of the electronic record. Allows Vermont-commissioned notaries public, when certifying a copy, to certify only that a tangible copy of an electronic record is an accurate copy of the electronic record. Prohibits Vermont notaries from certifying any other forms of records. Establishes that the following acts are not notarial acts regulated under the Rules and are governed by the statutes and rules regarding those acts: • the administration of an oath swearing to or affirming the truth of oral • testimony following the oath; • issuing a subpoena; and • administering an oath of office Establishes requirements for a notary public’s performance of the authorized notarial acts, as follows. For performance of a notarial act on a tangible record for a physically present individual: 1. The individual shall share the same physical space as the notary public, for purposes of their personal appearance before the notary. 2. The notary public performing an acknowledgement, verifying an oath or affirmation, or attesting to a signature shall identify the individual through one of the following means: personal knowledge of the individual; satisfactory evidence of an individual’s identity. Specifies what shall satisfy personal knowledge and that satisfactory evidence of an individual’s identity means the notary public identifies the individual through one of the forms of identification listed in 26 V.S.A. § 5365(b). 3. Allows a notary public to require additional means of identification if necessary to assure the notary public of the identity of the individual. Requires a notary public noting a protest of a negotiable instrument to determine the matters set forth in 9A V.S.A. § 3-305(b). Requires a notary public certifying that a tangible copy of an electronic record is an accurate copy of the electronic record to: 1. reasonably determine whether the electronic record is in a tamper-evident format; 2. personally print or supervise the printing of the electronic record onto paper or other tangible medium; and 3. not make the certification if the notarial officer has detected a change or an error in an electronic signature or other information in the electronic record. Establishes that an individual who appears before a notary public, and is physically unable to sign a record, may direct another individual to sign the physically unable individual’s name on the record. Requires the notary public to insert the following statement into the certificate: “Signature affixed by [NAME OF THE INDIVIDUAL SIGNING RECORD] at the direction of [NAME OF INDIVIDUAL WHO IS PHYSICALLY UNABLE TO SIGN].” Clarifies that a representative is prohibited from signing a record for a physically unable individual if the reason the first individual is not able to physically sign is because they are remotely located. Requires notarial acts to be evidenced by a certificate containing the information and meeting the requirements of 26 V.S.A. § 5367. Requires a certificate to be executed by the individual (whose signature is being notarized), when required, and the notary public. Requires that these signatures shall occur contemporaneously with the performance of the notarial act, but clarifies that the notary public’s signature shall not be affixed to the record until after the notarial act is performed. Establishes that by executing a certificate, a notary public certifies that: 1. the notary public has complied with the applicable requirements of 26 V.S.A. Chapter 103; 2. the individual has personally appeared before the notary public; and 3. the notary public has personal knowledge or satisfactory evidence of the identity of the individual. Specifies that a certificate shall be part of, printed on, stamped on, embossed on, or otherwise securely attached to the tangible record. Urges that for notarial acts involving the signature of an individual, every effort should be made for the certificate to be on the same page as the name and signature of the individual. Clarifies that if those elements must be on different pages, the notarial certificate shall include the name of the individual. Establishes that the form of a notarial certificate is sufficient if it: A. Is in a short form set forth in 26 V.S.A. § 5368; B. Is in a form otherwise permitted by the laws of Vermont; C. Is in a form containing the information required in 26 V.S.A. § 5367; and D. Sets forth the actions of the notary public and the actions are sufficient to meet the requirements of the notarial act as required in 26 V.S.A. §§ 5362-5364 or another Vermont law. Physical Official Stamp Establishes that a notary public is not required to use a physical official stamp, but clarifies that to complete a certificate of a notarial act, a notary public may use a physical official stamp, may print or type the certificate information, or may use a combination of these methods. Requires that if a notary public chooses not to use a physical official stamp, the notary public shall clearly print or type the notary public’s name, commission number, and the expiration date of their commission on the certificate, along with the other information required to be included in a certificate by Vermont law and (these) administrative rules. Provides requirements for a notary public’s (voluntary) use of a physical official stamp to perform a notarial act on a tangible record, as follows: 1. The physical official stamp must be an ink stamp or an embosser. 2. The physical official stamp must be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated. 3. The physical official stamp may not include the Vermont State Seal. 4. The physical official stamp must include, at a minimum, the following information: • The notary public’s name, which shall be the same name the notary public signed on the notarized oath of office submitted in their Commission application; • The word “Vermont”; • The title “Notary Public”; and • The notary public’s Commission number. Requires a notary public to print or type any other information required to be included in the certificate that is not on the physical official stamp. Requires that if the physical official stamp includes a notary public’s commission expiration date, then upon expiration of the commission the notary public must either: (1) replace the stamp with one that includes an updated commission expiration date or that does not include any expiration date; or (2) discontinue the use of a physical official stamp. Prohibits a notary public from letting another individual, including another notary public, use their physical official stamp to perform a notarial act. Establishes that a notary public is responsible for the security of their physical official stamp. Requires a notary public or their personal representative or guardian to notify the Office promptly, and no later than within 48 hours after the discovery, that a physical official stamp is lost or stolen. Right to Refuse to Notarize Authorizes a notary public to refuse to perform a notarial act for any reason unless such a refusal is prohibited by law. 26 V.S.A. § 5372. Notarization of Electronic Records Requires that, except as provided below, a notary public must obtain a Special Endorsement to perform notarial acts on electronic records and for remotely located individuals. Emphasizes that notaries public who do not hold a Special Endorsement may perform notarial acts only on tangible records for people appearing physically before the notary public. Exempts law-enforcement -related employees from obtaining a commission or a Special Endorsement to perform notarial acts within the scope of their official duties. Specifies that to be eligible for the Special Endorsement, a notary public shall: 1. hold a current notary public commission in good standing; 2. attest to selecting and using, for any notarial acts on electronic records, tamper-evident technology that complies with requirements herein; 3. attest to selecting and using, for any notarial acts for remotely located individuals, communication technology that complies with requirements herein; 4. attest to selecting and using, for any notarial acts for remotely located individuals, identity proofing technology that complies with the requirements herein; and 5. pay all required application fees. Requires a notary public to obtain a Special Endorsement, in accordance with Part 6 of the administrative rules, to perform notarial acts on electronic records. States that notarial acts on electronic records may be performed for individuals appearing physically before the notary public or for remotely located individuals. Establishes requirements for performance of a notarial act on an electronic record. Requires a notary public to select one or more tamper-evident technologies that conform with the requirements of Part 147- 3 (of the administrative rules), to perform electronic notarial acts. Allows a notary public to refuse performing a notarial act on an electronic record using technology not selected by the notary public. Establishes that requirements for the personal appearance and identification of the individual seeking a notarial act on an electronic record are the same as for a notarial act on a tangible record. Requires a notarial act performed on an electronic record to be evidenced by an electronic notarial certificate. Requires such certificate to: • be affixed-to or logically associated with the electronic record; • indicate that the notarial act was performed electronically on an electronic record; and • contain the information required under 26 V.S.A. §§ 5367 and 5380, as applicable, and Part 5-2(f), herein. Establishes that, by executing a notarial certificate, a notary public certifies that a. the notary public has complied with the requirements of 26 V.S.A. § 5363 and, where applicable, 26 V.S.A. § 5366; b. the individual has personally appeared before the notary public in accordance with 26 V.S.A. § 5364 or 5380; and c. the notary public has identified the individual in accordance with 26 V.S.A. § 5365 or 5379. Electronic Signature and Digital Certificate Requires a notary public performing a notarial act on an electronic record to—by use of a digital certificate—affix to or logically associate with the electronic notarial certificate and the record the notary public’s electronic signature and electronic official stamp, if using one. Standards for Tamper-Evident Technology Requires a notary public to select one or more tamper-evident technologies to perform notarial acts on electronic records. Clarifies that a person seeking a notarial act may not require a notary public to use a technology that the notarial officer has not selected. Establishes that tamper-evident technology must be capable of: 1. Affixing or attaching the notary public’s electronic signature to the electronic record in a manner capable of independent verification and that renders evident any subsequent change or modification to the electronic record; and 2. Using a valid digital certificate issued by a third-party provider. Prohibits a notary public from performing a notarial act with respect to an electronic record if the digital certificate: a. has expired; b. has been revoked or terminated by the issuing or registering authority; c. is invalid; or d. is incapable of authentication. Requires a notary public authorized to perform notarial acts on electronic records to use the same electronic signature and electronic official stamp (if using one) for all electronic notarial acts. Requires a notary public to submit to the Office copies of the notary public’s electronic signature and electronic official stamp (if using one). Requires a notary public’s electronic signature and electronic official stamp to be unique to the notary public. Requires a notary public to retain the notary’s electronic signature and electronic official stamp (if using one) under the notary public’s sole control and access. Prohibits a notary public from allowing any other individual to use the notary public’s electronic signature or electronic official stamp. Prohibits a notary public’s employer from permitting the use of a notary public’s electronic signature or electronic official stamp by anyone except the notary public. Prohibits a notary public from disclosing any access information used to affix the notary public’s electronic signature or the electronic image of the notary public’s official stamp, except when requested by the Office or a designee, a judicial subpoena, and, with precautions, electronic document preparation and transmission vendors. Requires a notary public to retain sole control of security aspects such as, but not limited to, passwords, token devices, biometrics, PINS, phrases, and software on protected hardware. Requires that upon resignation, revocation, or expiration of a notary public’s Commission or Special Endorsement, the notary public shall destroy and disable their electronic signature and electronic official stamp (if using one), including any coding, disk, digital certificate, card, software or password that enables the notary public to attach or logically associate the electronic signature or electronic official stamp to electronic records, so as to prohibit their use by any other person. Requires a notary public to immediately notify the Office of the theft of the notary public’s electronic signature, electronic official stamp or digital certificate. Notarial Act for a Remotely Located Individual Requires a notary public to obtain a Special Endorsement, in accordance with Part 6 of the administrative rules, to perform notarial acts for Remotely Located Individuals. Provides that a notarial act for a remotely located individual may be performed on a tangible record or on an electronic record. Requires that to perform a notarial act for a remotely located individual, a notary public shall select one or more communication technologies that conform with the requirements of these administrative rules (Part 8-5). Requires that prior to performing a notarial act for a remotely located individual, a notary public shall verify the identity of the remotely located individual through one of the three following methods: 1. personal knowledge of the identity of the remotely located individual in accordance with 26 V.S.A. § 5365(a); 2. satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness who personally appears before the officiating notary public in accordance with 26 V.S.A. § 5365(b); or 3. satisfactory evidence of the identity of the remotely located individual by means of both forms of the identity-proofing technology listed in Part 8-6, below. Mandates that, before performing a notarial act for a remotely located individual, a notary public must be reasonably able to confirm that the record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature. Provides that the requirements of the rule’s Part 8- 2(c) shall be satisfied when a notary public is performing a notarial act for a remotely located individual on a tangible record not physically present before the notary public, if the notary public and the remotely located individual comply with the provisions of 26 V.S.A. § 5379(d). Specifies procedures for a notary to use communication technology to take an acknowledgement of a signature on a tangible record when the tangible record is physically before the notary public: • The notary public shall display the tangible record to the remotely located individual; • The remotely located individual shall identify the tangible record as the record the remotely located individual signed; • The act of displaying the record and the remotely located individual’s identification of the tangible record must be recorded in accordance with Part 8-2(f), below. Requires a certificate for a notarial act performed for a remotely located individual to include the information required under these rules and 26 V.S.A. §§ 5367 and 5379, as well as a statement that the notarial act was performed using communication technology. Clarifies that if notarial act for a remotely located individual is being performed on an electronic record, the notary public shall also comply with this rule’s requirements for performance of a notarial act on an electronic record. Requires a notary public, or a person acting on behalf of a notary public, to create an audio-visual recording of the performance of a notarial act for a remotely located individual. Requires the recording to be made simultaneously with the performance of the notarial act, and for such recording to be maintained as follows: …for at least seven years from the date of the notarial act; and by : a. the notary public who performed the notarial act; a guardian, conservator, or agent of the notary public; a personal representative of a deceased notary public; or b. a repository designated by or on behalf of the person required to retain the recording. Establishes that, except as otherwise provided by other Vermont laws, a notary public shall comply with 26 V.S.A. § 5379(g) when administering an oath or affirmation for a remotely located individual. Specifies that a notary public who is commissioned under these Rules and who holds a Special Endorsement may perform a notarial act for a remotely located individual when the notary public is in Vermont and when the remotely located individual is located in these places: a. within the United States; or b. outside the United States if (i.) the notarial act is not prohibited in the jurisdiction where the remotely located individual is physically located at the time the notarial act is performed; and (ii.) the record is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of a State within the United States or the United States; or it involves property located in the territorial jurisdiction of the United States; or it involves a transaction substantially connected with the United States. Standards for Communication Technology Establishes that a notary public performing a notarial act for a remotely located individual shall use communication technology that complies with these rules and 26 V.S.A. § 5380. Requires the communication technology used to perform notarial acts for remotely located individuals to: 1. provide sufficient audio clarity and visual resolution to enable the notary public and the remotely located individual to see and speak to each other, simultaneously and without interruption, through live, real-time transmission throughout the duration of the notarial act, including through identity proofing, the signing by any parties present during the transaction, and the application of the notary’s signature and seal; 2. facilitate communication with a remotely located individual who has a vision, hearing, or speech impairment; 3. permit sufficient visual clarity to enable the notary to view, read, and record the front and back of any identification card presented as verification of identity; 4. provide for confirmation of the record under Part 8-2(c) of these rules; 5. include a means of authentication that reasonably ensures only the authorized parties have access to the communication technology; 6. provide reasonable security measures to prevent unauthorized access to (a) live communication between the notary public and remotely located individual; (b) the recording of the notarial act; (c) verification methods and credentials used to verify the identity of the remotely located individual; and (d) any electronic records presented for the performance of a notarial act; 7. be capable of producing recordings of notarial acts for remotely located individuals in response to a request from the notary public, the Office, a court, or law enforcement in the course of an investigation; and 8. be capable of securely creating, storing, accessing, and reproducing a copy of a recording of a notarial act as required by Part 8-2(f), above. Standards for Identity Proofing Provides that if a notary public does not have satisfactory evidence of the identity of a remotely located Individual in accordance with 26 V.S.A. §§ 5365(a) or (b), the notary public shall verify the remotely located Individual’s identity through both a credential analysis procedure and a dynamic knowledge-based authentication assessment as provided in these Rules. Requires credential analysis to use public or private data sources to confirm the validity of the identification credential presented by a remotely located Individual and shall, at a minimum: a. use automated software processes to aid the notary public in verifying the identity of each remotely located individual; b. require the identification credential to pass an authenticity test, consistent with sound commercial practices, that uses appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features and to confirm that the identification credential is not fraudulent or inappropriately modified; c. use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credential details; and d. enable the notary public visually to compare for consistency the information and photograph on the identification credential and the remotely located individual as viewed by the notary public in real time through communication technology. Establishes that a dynamic knowledge-based authentication assessment is successful if it meets the following requirements: a. the remotely located individual must answer a quiz consisting of a minimum of five questions related to the individual's personal history or identity formulated from public or private data sources; b. each question must have a minimum of five possible answer choices; c. at least eighty percent of the questions must be answered correctly; d. all questions must be answered within two minutes; e. if the remotely located individual fails the first attempt, the individual may retake the quiz once within twenty-four hours; f. during a retake of the quiz, a minimum of forty percent of the prior questions must be replaced; Specifies that if the remotely located individual fails the second attempt, the individual must not be allowed to retry with the same online notary public within twenty-four hours of the second failed attempt; and that the notary public must not be able to see or record the questions or answers. Continuing Education Requirements for Renewal Establishes that, except as exempted under Parts 4-3 and 4-6, above, and 26 V.S.A. chapter 103, notaries public must as a condition of commission renewal complete no fewer than one hour of continuing education over the full two-year biennial period preceding the application for renewal. Specifies that Special Endorsement renewal requires one additional hour of continuing education. Requires the additional hour to pertain to the performance of notarial acts on electronic records or for remotely located individuals or both. Requires documentation of continuing education completion to be included in a notary public’s application for renewal of a commission or special endorsement, as applicable. Specifies that documentation of continuing education must include sufficient information to indicate the notary public’s successful completion of a course that complies with these rules, including the name and date of the course, proof of attendance, and the number of continuing education credit hours awarded. Course Content and Form Requires that the content of a continuing education course being used by a notary public as a basis for renewal of a commission shall be directly related to the maintenance and enhancement of the skill, knowledge, and competency to perform notarial acts in accordance with Vermont’s laws and requirements. Requires a continuing education course to be at least one hour in length, and clarifies that “one hour” means 60 minutes. Allows a continuing education course to be synchronous or asynchronous, recorded or live, or in-person or remote. Additionally allows the course to be interactive, but clarifies that the course does not have to be interactive. Requires a continuing education course to include both audio and visual content. Specifies that continuing education credit will be granted only for actual time a notary public spends as a learner during the course. Clarifies that breaks, business meetings, and lunches do not count toward continuing education credits. Approval of Courses Establishes that continuing education courses that fulfill the requirements for Parts 9-1 through 9-3 (of the rules) and that are provided or approved by the following organizations are approved without prior approval from the Office: the American Bar Association, Vermont Bar Association, and any Vermont State government agency. Prohibits continuing education course providers that are not the providers of courses listed in these rules from advertising or holding out a course as approved for continuing education credit in Vermont unless the Director has approved such course as satisfying the requirements of these Rules. Requires course providers to apply to the Director for course approval through the Office’s online portal. Provides that courses not pre-approved may be reviewed as part of a notary public’s renewal application. Continuing Education Audits Establishes that the Office shall conduct continuing education audits of randomly selected notaries public, including all notaries public whose commissions are conditioned. Further establishes that the Office may also audit notaries public who are reinstating or who, in any of the preceding two renewal cycles, were initially found to have not met continuing education requirements. Establishes that when a notary public appears on the audit list, the Office shall review the documentation provided with a renewal application to determine whether the continuing education requirements have been satisfied. Authorizes the Office to also request additional documentation and information from the notary public showing a detailed account of the credits claimed. Provides that under 3 V.S.A. § 129(k), the Office may give notaries public ninety (90) days to develop and complete a corrective action plan to cure any deficiencies in continuing education requirements. Clarifies that courses taken pursuant to a corrective action plan count only for the commission period being audited. States that failure to comply with a corrective action plan may result in disciplinary action. 3 V.S.A. § 129a(a)(4). |
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| VIRGINIA – HB 163 Effective July 1, 2026; certain provisions effective July 1, 2027 View this bill Requires any clerk of a Virginia circuit court with a network or system for electronic filing of land records, established in accordance with Section 17.1-258.3:1 (electronic filing of land records; property alert electronic notification system), to also establish a property alert electronic notification system. Requires a property alert electronic notification system to (i) notify the enrolled individual when any document describing, affecting, or purporting to affect the enrolled real property is filed; (ii) notify the enrolled individual when any document containing the enrolled name or tax identification number is filed; and (iii) include in the notification the instrument number, the instrument type, the recording date, and the name or tax identification number in the document. Establishes a clerk of a circuit court’s immunity from civil liability for establishment, maintenance, or operation of a property alert notification system established pursuant to HB 163. Specifies that no person shall have a civil cause of action against the clerk of a circuit court for any act or omission relating to establishment, maintenance or operation of a property alert notification system established pursuant to HB 163. Requires any clerk of a circuit court with a system or network for electronic filing of land records and a property alert notification system established pursuant to HB 163 to provide property owners with education information on real estate and deed fraud, and with information about the property alert notification system the clerk has established. Allows the information provided by the clerk to be made available by mail, newspaper, on the court’s or the locality’s website, or by other available media. Removes “of the Commonwealth” from various statutory references to the Secretary (of the Commonwealth). Amends several of Virginia’s notary public statutes, as follows. Amends §47.1-5, dealing with application for a notary public commission, by requiring an applicant to submit proof that the applicant has completed the required course of instruction for a person applying for a Virginia notary public commission. Amends §47.1-5.1, Application for Recommission, by also requiring an applicant to submit proof that the applicant has completed the required course of instruction for a person reapplying for a Virginia notary public commission or for an electronic notary commission. Establishes §47.1-5.2, Course of Instruction and Examination; Requirements for Commission and Recommission. Requires that within the six months immediately preceding a person’s submission of an application to be commissioned as a notary public or electronic notary public, the person must take a four-hour course of instruction developed by or approved by the Secretary. Requires that such course shall cover notarial laws, best practices and procedures for notaries, and verification of identity. Specifies that one hour of the course shall be on the topic of real estate fraud and financial exploitation of elderly persons and including current trends and how to recognize suspected fraud or financial exploitation. Requires that within the six months immediately preceding a person’s submission of an application to be re-commissioned as a notary public or electronic notary public, a person must complete a course of instruction consistent with the requirements of HB 163 that is at least two hours in duration. Requires that one of the course hours shall be on the topic of real estate fraud and financial exploitation of elderly persons, including training on current trends and recognizing instances of suspected fraud or financial exploitation. This training is required each time a notary public or electronic public applies for recommission. Specifies that applicants shall be provided with written documentation of course completion that will serve as proof of having satisfied the law’s applicable notary training requirements. Requires notary public and electronic notary public applicants to also complete and pass a written examination to the satisfaction of the Secretary. Makes necessary conforming amendments to existing laws. Establishes that proof of their active notarial commission shall be presented to seal vendors or manufacturers by a notary public, for purposes of obtaining the notary’s seal to affix on paper documents. Requires both the notary public and any seal vendor or manufacturer to retain such proof of commission for no less than five years. Provides that updates and trends relating to real estate fraud and financial exploitation of elderly persons shall be included in the Secretary’s periodic reference materials produced for notaries public and electronic notaries public. Clarifies that unless the identity of a person appearing for a notarial act is personally known by the notary, the notary must ascertain identity by examining satisfactory evidence of identification. Requires both traditional notaries and electronic notaries of the Commonwealth to keep, maintain, protect, and provide for lawful inspection of a “record of notarial acts or, in the case of an electronic notary,” an electronic record of notarial acts. Makes other minor, clarifying amendments to §47.1-14 C. Establishes that the record of any nonelectronic notarial act performed on or after July 1, 2026, must be maintained by a notary for a period of at least five years form the date of the transaction. Specifies certain duties of real estate settlement agents. Requires these agents, prior to settlement, to exercise ordinary care to reasonably ascertain the identity of a seller of real property. Provides that methods of such ordinary care include obtaining satisfactory evidence of identity as defined in §47.1-2; requiring multiple forms of photo identification; a written statement from the seller’s attorney that he has reasonably ascertained the identity of the seller of the real property; reviewing land records for the subject property; comparing signatures; performing a credit check; or asking detailed questions about the subject property. Establishes that a settlement agent who uses any of the methods to reasonably ascertain the identity of a seller of real property described (above) shall not be liable for any act or omission resulting from his reliance on such information when moving forward with a settlement and recordation of the deed, deed of trust, or mortgage or other documents required to be recorded pursuant to the settlement, provided that the (i) settlement agent did not have actual knowledge that the information provided was false or (ii) act or omission was not a result of the settlement agent’s gross negligence or willful misconduct. Provides that the notary education and exam provisions (§47.1-5.2, Code of Virginia) created by HB 163 shall be effective on July 1, 2027. Further provides that the Secretary of the Commonwealth shall develop a curricula for the courses of instruction for notaries and electronic notaries required under §47.1-5.2, Code of Virginia—as well as procedures to review and approve submitted curriculum—by January 1, 2027. Further provides that the provisions of §§17.1-258.3:1, 47.1-5, 47.1-5.1, and 47.1-8 of the Code of Virginia, as amended by HB 163, shall become effective on July 1, 2027. ------------------------------------------ VIRGINIA – HB 1889 Effective 7/1/2025 View this bill Revises existing law by specifying that, for the purposes of notarial acts being performed outside the Commonwealth for use in the Commonwealth, a 'notarial act' means an act, whether performed with respect to a tangible or electronic document, that a notary public commissioned in the Commonwealth may perform under the laws and regulations of the Commonwealth. Makes necessary conforming amendments. --------------------------------------------------- VIRGINIA – HB 2396 Effective 7/1/2025 View this bill Directs the Virginia Housing Development Authority to convene a technical advisory group to evaluate the prevalence of deed fraud, develop recommendations for the prevention of deed fraud, and develop measures to enhance protections for property owners from such crimes. Includes “notary fraud” among the causes influencing the prevalence of deed fraud. Lists “requiring identity verification processes by notaries,” “strengthening safeguards to prevent fraudulent notaries,” and “establishing an alert notification system to inform notaries when documents containing a notary’s name or registration number are submitted for recording” among the policy issues to be considered. --------------------------------------------- VIRGINIA—SB 1270 Eff. 7-1-25 View this bill Directs the Virginia Housing Development Authority to convene a technical advisory group to (i) evaluate the prevalence of deed fraud, including notary fraud, seller impersonation, owner impersonation, and fraudulent lien filing; (ii) develop recommendations for the prevention of deed fraud; and (iii) develop measures to enhance protections for property owners from such crimes. Requires the technical advisory group to submit its findings and recommendations to the Chairmen of the House Committee on General Laws and the Senate Committee on General Laws and Technology no later than November 1, 2025. |
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