Notary Law Updates
| 2025-2026 Adopted/Enacted Notary Legislation Page Last Updated: December 4, 2025 CLICK HERE to view previous years' Notary Law Updates from the American Society of Notaries. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
EFFECTIVE:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 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). |
| |
| 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 — HB 1845 See contingent effective date clause. View this bill Amends Arkansas Code §24-14-705(a)(2), by allowing applications for registration and certificate of title for motor vehicles to be signed in pen and ink (existing law) or with an electronic signature (new law). Retains existing law providing that such signatures shall be acknowledged by the owner before a person authorized to administer oaths (including notaries public). (Thus it appears to enable electronic notarization of an application for registration and certificate of title for motor vehicles.) ----------------------------------------- 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. ------------------------------------------ ARKANSAS – SB 210 Effective 3/12/25 View this bill Requires the signer to read the ballot title of the petition in the presence of a canvasser; and to declare an emergency. Arkansas Code § 7-9-103(c), concerning misdemeanor offenses for a person acting as a canvasser, notary, sponsor, or agent of a sponsor, is amended to add an additional subdivision to read as follows: (10) As a canvasser, knowingly accepts a signature when the person signing the petition has not read the ballot title of the petition in the presence of the canvasser or the ballot title of the petition has not been read aloud to the person in the presence of the canvasser. |
| |
| 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. |
| |
| CALIFORNIA - AB 2004 Effective 1-1-25 View this bill Excerpt: This bill would authorize a disinterested custodian, as defined, to certify that a tangible copy of an electronic record is a completed and accurate reproduction of the electronic record. The bill would require a recorder to accept for recording a tangible copy of an electronic record that has been so certified by a notary public if specified requirements are met. The bill would state that a tangible copy of an electronic record imparts notice of its contents, as specified, notwithstanding any failure of the person making the certification to qualify as a disinterested custodian. By imposing these requirements, and by expanding the crime of perjury, this bill would impose state-mandated local programs. --------------------------------------------------- CALIFORNIA – AB 2582 Eff. 1-1-25 View this bill Provides that, if a candidate for elective office in California will not be within the State of California within the entire nomination period and is unable to appear before a California notary public to complete their declaration of candidacy, the candidate may appear before a notary public in another state to complete the declaration of candidacy. Requires the candidate to attach, to their declaration of candidacy, the out-of-state notary’s completed notarial certificate that complies with the law governing the out-of-state notary performing the notarial act. ------------------------------------ CALIFORNIA – SB 1525 Eff. 1-1-25 View this bill Amends several sections of California’s Government Code relating to notaries public. These changes are clarifying or technical in nature and affect Government Code Sections 8214.1(q), 8231.8(d)(1), 8231.18(c)(1)(A)(vi), 8231.18(d)(3) and 8231.18(d)(4)(A). |
| |
| COLORADO — HB 25-1301 Eff. 5-30-25 View this bill Adds certified verbatim reporters and certified verbatim reporters-stenotype to the list of persons with the power to administer oaths or affirmations to witnesses and others concerning a matter, thing, process, or proceeding pending, commenced, or to be commenced before them. Additionally clarifies that these persons have the power to administer all oaths or affirmations of office and other oaths or affirmations required to be taken by a person upon a lawful occation; and to take affidavits and depositions concerning a matter or thing, process or proceeding that is pending or will be commenced in a court; and that they may exercise this power on any occasion an affidavit or deposition is authorized or by law required to be taken. ---------------------------------------- COLORADO – HB 1248 Eff. 1-1-25* View this bill (see bill’s Page 7) Provides that if any Colorado law requires a signature or record to be notarized, acknowledged, verified or made under oath, that requirement is satisfied with respect to an electronic non-testamentary estate planning document, if the individual authorized to perform the notarization, acknowledgment, verification or oath attaches or logically associates their electronic signature on the document together with all other information required to be included under the other law. __________ *HB 1248 Effective Date Clause: “This act takes effect January 1, 2025; except that, if a referendum petition is filed pursuant to Section1(3) of Article V of the State Constitution against this Act or an item, section, or part of this Act within the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2024 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.” |
| |
| DISTRICT OF COLUMBIA—DC Act 25-651 (B25-0792, Notarial Acts Clarification Amendment Act of 2024) Effective 3/7/25 View this bill Modifies DC Code’s wording dealing with the language of a document presented to a notarial officer, and whether the officer performs the notarial act. Accomplishes this change by (1) striking from DC’s RULONA the prohibition against notarizing when the notarial officer does not read or understand the language in which the certificate or notarial act is written; and (2) adding, to DC RULONA’s Sec. 1-1231.07, a new subsection (2)(a-1) that a notarial officer may refuse to perform a notarial act if the officer does not read or understand the language of the document being notarized. Further modifies DC’s RULONA Sec. 1.1231.07 by adding a new subsection (2)(a-2) that allows a notarial officer to require a signer to provide a certified translation of the document being notarized. Retains this Section’s permission for a notarial officer to require a signer to provide a certified translation of the document being notarized. Repeals the requirement that a notary report to the Mayor the languages of records the notary intends to notarize. Clarifies that the training course for notary applicants must be approved but not provided by the Mayor. Requires notarial officers to read and write in the same language as the notarial certificate executed by the officer is written, and complements this requirement by permitting a notarial officer to refuse to perform a notarial act if the officer does not read or understand the language of the document being notarized. ---------------------------------------- DISTRICT OF COLUMBIA – DC Law 25-281 Effective 3-7-2025 View this bill Makes various substantive and conforming amendments to the District’s Revised Uniform Law on Notarial Acts (2018). Amends Act Sec. 1-1231.03(b), by adding a new prohibition that a notarial officer may not perform a notarial act if the officer does not read or understand the language in which the certificate of notarial act is written. Amends Act Sec. 1-1231.07, regarding a notary refusing to perform a notarial act, by adding new provisions: • Allowing a notarial officer to refuse performing a notarial act if the officer does not read or understand the language of the document being notarized. • Allowing a notarial officer to require a signer to provide a certified translation of the document being notarized. Repeals DC Official Code Section 1-1231.19(d)(4). (This section required notary applicants to indicate on a form provided by the Mayor the language(s) of records in which the applicant intended to perform notarial acts; and to be able to read and write in the language of any record on which the applicant performed a notarial act.) Amends DC Official Code Section 1-1231.20(c) with respect to notary training courses, by striking the phrase “provided by the Mayor” and inserting instead, “approved by the Mayor.” Amends DC Official Code Section 1-1231.21(b) by striking/replacing the phrase “notary publics and applicants for endorsement as electronic notaries” with the phrase “notary publics.” |
| |
| 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. |
| |
| 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.” ----------------------------------------- GEORGIA - Administrative Rule (Dept of Revenue) 560-1-1-.14 Effective 3/25/25 View these rules Defines “electronic signature,” and “remote notarization.” Clarifies that taxpayers and authorized third party representatives may submit electronic signatures on “certain forms and documents authorized by the DOR Commissioner” through Department regulations, publications, policy bulletins, or other docs accepted as Department guidance. Affirms that the Department will accept remote notarizations from notaries in (other) states where remote notarization is permitted by law on documents that require a notary and are authorized by the Commissioner through Department regulations, publications, policy bulletins, or other documents accepted as Department guidance. --------------------------------------- GEORGIA – Notary Public Education Rules Eff. 1-1-2025 View the rules As authorized under the Official Code of Georgia Annotated (OCGA), the Georgia Superior Court Clerks’ Cooperative Authority (GSCCCA) is now required to approve any educational training class related to the appointment and duties of Georgia notaries public. These rules: • State the statutory authority for creation (promulgation) of the rules by the GSCCCA; • State the October 9, 2024 adoption date of the rules by the GSCCCA Board of Directors; • Establish the rules’ effective date of January 1, 2025; Additional Rule Information, Provisions (a) The office, mailing address and contact information for the Georgia Superior Court Clerks’ Cooperative Authority in Atlanta, Georgia. (b) Terminology and definitions, as follows: 1. “Initial Appointment” means the first time an individual is appointed as a notary public or the first appointment after a notary appointment has expired. 2. “Renewal Appointment” means an appointment granted within 30 days prior to expiration of the current appointment. Notary Public Educational Rules for the State of Georgia Rule 1. – GSCCCA Approves Educational Training. Any educational training class related to the duties of Georgia’s notaries public for the purpose of being appointed a notary public shall be approved by the Georgia Superior Court Clerks’ Cooperative Authority. Rule 2. - Certificate of Completion. Upon successful completion of the course, the notary applicant will be provided a certificate of completion. Rule 3. - Presentation of Certificate of Completion to Clerk of Superior Court. The notary applicant seeking an initial or renewal appointment will include a certificate of completion, along with the notary application, to the Clerk of Superior Court. ----------------------------------------- GEORGIA – HB 1292 Relevant Bill Section Eff. 1-1-25 View this bill on GA General Assembly website; select “Current Version.” Amends Titles 44 and 45 of the Official Code of Georgia Annotated. Requires that real estate documents presented by “self-filers” (a defined term) be submitted using electronic filing. Requires the promulgation of rules and regulations by the Georgia Superior Court Clerks' Cooperative Authority, to ensure that persons presenting electronic documents for recording provide sufficient identifying information. Establishes provisions for maintaining the confidentiality of such information, and that it may be released only to parties specified in the law. Amends existing notary law (OCGA §45-17-8(e)) by specifying that a notary public shall confirm the identity of the document signer, oath taker or affirmant by personal knowledge; or by verification of a government-issued photo identification document, including without limitation a valid driver’s license, personal identification card authorized under Georgia Code Sections 40-5-100 through 40-5-104, or a military identification card such as a Veterans Health Identification Card issued by the United States Department of Veterans Affairs. Requires that notaries public keep a “written or electronic” journal of each notarial act performed for a “self-filer.” (A “self-filer” is any person who is not also an individual listed in Georgia Code Section 44-2-2(a), and who is a party to any of the following instrument types conveying, transferring, encumbering, or affecting real estate and personal property: deeds, mortgages, liens as provided for by law; maps or plats relating to real estate in the county; and state tax executions and state tax execution renewals as provided for in Article 2 of Chapter 3, Georgia Code Title 48.) Specifies the information to be recorded in each notary journal entry. Requires a notary public to complete an educational training class relating to the duties of notaries public under Georgia law. Specifies that such training shall be completed prior to an individual’s initial commission appointment, and within 30 days prior to each subsequent renewal of commission appointment. Authorizes the Georgia Superior Court Clerks’ Cooperative Authority to adopt rules and regulations necessary to implement the new notary educational training requirement. |
| |
| 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 Office is a separate office with the specific function of managing land records. Some counties combine the duties of county clerk and county recorder into a single office with dual responsibilities. ------------------------------------------- ILLINOIS – Administrative Rule (Secretary of State), Part 176 Effective 1/1/25 View these rules (scroll to pdf Page 10); amended text is in blue font/underlined. Makes multiple amendments to current rule text. Expands on current law’s exemption from completing a notary course of study or passing an exam, for the following individuals who are renewing their notary commission: licensed Illinois attorneys in good standing with the ARDC; current Illinois court or federal court judges; and applicants employed by a licensed attorney in good standing with the ARDC or federal court. ----------------------------------------------------------- ILLINOIS – ADMINISTRATIVE RULE, NOTARY PUBLIC RECORDS Effective 1-1-25 View this bill - Pages 584-612 Notary Public Course of Study, Examination • Exempts certain persons renewing their Notary Public commission from completing a course of study or passing an examination, provided the person submits a signed statement using a form designated by the Secretary of State indicating that the renewing person/applicant is a licensed attorney in good standing with the Illinois Attorney Registration and Discipline Commission (“ARDC”), a current Illinois court or federal court judge, or an applicant employed by a licensed attorney in good standing with the ARDC or an Illinois or federal court. Such persons must further state that they have read and understood the version of Illinois’ Notary Public Act in effect at the time of application. Provides a form example (“Illustration C”) for filing this signed statement. Application for a Notary Public and Electronic Notary Public Commission. Revises various rules as follows: • Requires a person applying for an electronic notary public commission to provide a copy of their electronic signature in a format that identifies the electronic notarization system provider that prepared the electronic signature. • Establishes a new option as applicable regarding the forms (documentation) that shall be submitted with an application, which is a signed statement in the format designed by the Secretary of State that the applicant is a licensed attorney in good standing with the ARDC or a current Illinois court or federal court judge or is employed by a licensed attorney in good standing with the ARDC or an Illinois or federal court, and that the applicant has read and understood the version of the Illinois Notary Public Act that is in effect at the time of application (pursuant to 5 ILCS 312/2-101.5(c)). Notarial Acts • Requires a notary public, when signing a paper certificate, to use a legible, recognizable handwritten signature that can be attributed to the notary and is made in blue or black ink. Electronic Notarization System Providers • Creates additional requirements for electronic notarization system providers seeking certification by the Secretary of State, by requiring information submitted to now include a cybersecurity plan outlining security, audit, and other procedures to ensure that the electronic notarization system is secure from cyberattacks, intrusion, and compromise of the user data; a business continuity plan in the case of business interruptions that last longer than two weeks; and a business termination and succession plan in the case of the termination of business by the electronic notarization system provider. • Requires providers, upon request of the Secretary of State, to submit information regarding the operation of their platform that includes, but is not limited to, the number and type of electronic notarizations performed on the platform by Illinois notaries. • Establishes that ceasing of operation as an electronic notarization system provider in Illinois is considered an action warranting decertification or suspension. Notary’s Journal Exempts a notary public or electronic notary public from keeping or maintaining a journal or otherwise recording a notarial act or electronic notarial act, if the act is performed by or on behalf of a candidate for public office and includes certain specified documents. Clarifies additional terms under which this exemption applies. Clarifies that a notary public or electronic notary public who notarizes one of certain specified documents by or on behalf of a candidate for public office, and who does not enter the notarial act or electronic notarial act into a journal, does not violate the section of Illinois’ Notary Public Act specified in 5 ILCS 313/3-107(f), and shall not be subject to discipline. Other Provisions Creates an “Illustration C” form/exhibit in rule pertaining to an exemption from notary public study course requirements. (P590). ---------------------------------------- ILLINOIS – HB 4592 Eff. 1-1-25 View this bill Provides that effective January 1, 2025, the Illinois Secretary of State’s Department of Driver Services (“Department”) shall begin issuing electronic Illinois Mobile Identification Cards, in addition to the current tangible Identification Card. Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Allows the Secretary of State to issue a mobile Illinois Identification Card or mobile driver's license to an individual who is otherwise eligible to hold a physical credential, in addition to an identification card or driver's license, if the Secretary of State has issued an identification card or driver's license to the person. Allows the Secretary to enter into agreements or to contract with an agency of the State, another state, the United States, or a third party to facilitate the issuance, use, and verification of a mobile identification card or driver's license issued by the Secretary or by another state. Requires the data elements that used to build an Illinois credential holder’s electronic credential to match the individual's current Department of State record. Requires all mobile identification cards and driver's licenses issued by the Secretary to be in accordance with the most recent standards of the American Association of Motor Vehicle Administrators. Provides that, when required by law and upon request by law enforcement, a credential holder must (continue to) provide the credential holder's physical credential. Provides that the display of a mobile identification card and driver's license shall not serve as consent or authorization for a law enforcement officer, or any other person, to search, view, or access any other data or application on the mobile device. Provides that no person, public entity, private entity, or agency shall establish a policy that requires an electronic credential instead of a physical credential. Provides that any law enforcement officer, court, or officer of the court presented with a mobile device for the purposes of display of a mobile driver's license shall be immune from any liability resulting from damage to the mobile device except for willful and wanton misconduct. Amends the definition of "mobile driver's license," and clarifies that it does not include a digital copy, photograph, or image of a driver’s license that is not downloaded through the Secretary of State’s application on a mobile device. Makes various technical changes. ----------------------------------- ILLINOIS – SB 3421 Eff. 1-1-25 View this bill Provides that it shall be unreasonable for a third party to refuse to honor an Illinois statutory short form power of attorney for property that was properly executed per laws in effect at the time of execution. Provides circumstances deemed “unreasonable” for refusing to honor these types of Illinois statutory short form powers of attorney, properly executed in accordance with laws in effect at the time of execution: (1) the power of attorney is not on a form the third party receiving such power prescribes, regardless of any form the terms of any account agreement between the principal and third party requires; (2) there has been a lapse of time since the execution of the power of attorney; (3) on the face of the statutory short form power of attorney, there is a lapse of time between the date of acknowledgment of the signature of the principal and the date of the acceptance by the agent; (4) the document provided does not bear an original signature, original witness, or original notarization but is accompanied by a properly executed Agent's Certification and Acceptance of Authority, Successor Agent's Certification and Acceptance of Authority, or Co-Agent's Certification and Acceptance of Authority bearing the original signature of the named agent; or (5) the document appoints an entity as the agent. Clarifies that nothing with respect to the (above) circumstances given as examples of “unreasonable” refusal to honor an Illinois statutory short form power of attorney for property shall be interpreted as prohibiting or limiting a third party from requiring the named agent to furnish a properly executed Agent's Certification and Acceptance of Authority, Successor Agent's Certification and Acceptance of Authority, or Co-Agent's Certification and Acceptance of Authority under the Illinois Power of Attorney Act. Establishes reasonable causes for an Illinois statutory short form power of attorney for property to be refused (dishonored): (1) refusal by the agent to provide an affidavit or properly executed Agent's Certification and Acceptance of Authority, Successor Agent's Certification and Acceptance of Authority, or Co-Agent's Certification and Acceptance of Authority; (2) refusal by the agent to provide a copy of the original document that is certified to be valid by an attorney, a court order, or governmental entity; (3) the person's good faith referral of the principal and the agent or a person acting for or with the agent to the local adult protective services unit; (4) actual knowledge or a reasonable basis for believing in the existence of a report having been made by any person to the local adult protective services unit alleging physical or financial abuse, neglect, exploitation, or abandonment of the principal by the agent or a person acting for the agent; (5) actual knowledge of the principal's death or a reasonable basis for believing the principal has died; (6) actual knowledge of the incapacity of the principal or a reasonable basis for believing the principal is incapacitated if the power of attorney tendered is a nondurable power of attorney; (7) actual knowledge or a reasonable basis for believing that the principal was incapacitated at the time the power of attorney was executed; (8) actual knowledge or a reasonable basis for believing: (a) the power of attorney was procured through fraud, duress, or undue influence, or (b) the agent is engaged in fraud or abuse of the principal; actual notice of the termination or revocation of the power of attorney or a reasonable basis for believing that the power of attorney has been terminated or revoked; (9) the refusal by a title insurance company to underwrite title insurance for a gift of real property made pursuant to a statutory short form power of attorney that does not contain express instructions or purposes of the principal with respect to gifts in paragraph 3 of the statutory short form power of attorney; (10) the refusal of the principal's attorney to provide a certificate that the power of attorney is valid; (11) a missing or incorrect signature, an invalid notarization*, or an unacceptable power of attorney identification ______________ *For example, a person notarizing when their commission is expired. (12) the third party: (A) has filed a suspicious activity report as described by 31 U.S.C. 5318(g) with respect to the principal or agent; (B) believes in good faith that the principal or agent has a prior criminal history involving financial crimes; or (C) has had a previous, unsatisfactory business relationship with the agent due to or resulting in material loss to the third party, financial mismanagement by the agent, or litigation between the third party and the agent alleging substantial damages; or (13) the third party has reasonable cause to suspect the abuse, abandonment, neglect, or financial exploitation of the principal, if the principal is an eligible adult under the Adult Protective Services Act. ----------------------------------- ILLINOIS - SB 3513 Eff. 1-1-25 View this bill Exempts licensed attorneys, judges, and employees of licensed attorneys or the court from the requirement that an applicant for notary public or electronic notary public commission renewal must take the mandatory course of study and examination. Requires such individuals wishing to be exempted from these requirements to submit, in the form and manner prescribed by the Secretary of State, that they are a licensed attorney or judge or are employed by a licensed attorney or the court, and they have read and understood the version of the Illinois Notary Public Act that is in effect at the time of application. |
| |
| INDIANA - Administrative Rule (LSA Document #25-153) Effective 6/18/25 View this rule (scroll down to “Proposed Rule” section heading) • Modifies the notary public application by requiring the applicant’s RESIDENCE address, not “mailing” address. Makes some stylistic amendments. • Establishes, in administrative rule(s), various fees already being collected by the Secretary of State for administrative notary transactions occurring online. (As explained in this rule’s “Basic Purpose and Background,” these are not new fees, but simply the promulgation in rule of already established fees.) • Corrects existing rule 75 IAC 7-2-1(b)(2) to reflect the existing requirement that the state’s notary public application collect the residence address of a notary applicant, not the mailing address. • Defines “apostille authentication” as a certificate or attestation of authenticity of an Indiana public official’s signature issued by the Secretary of State under IC 33-42-15-1, for accepting documents by foreign countries under the Hague Convention of October 5, 1961, Abolishing the Requirement of Legalisation for Foreign Public Documents. • Provides the required information to be submitted with a request for an apostille authentication. Permits the Secretary of State to refuse issuing an apostille authentication for a notarized document if the notarization does not comply with Indiana Code Section 33-42 (the state’s notary public law). Permits the Secretary of State to refuse issuing an apostille authentication if the document contains a photocopy or facsimile signature; or if the document is an official or public record, available as a certified coy from the custodian of the record, and not signed by the custodian of the record. • Requires the Secretary of State, upon refusing to issue an apostille authentication, to return the document or notify the person who submitted the request of the refusal; and provide a brief (written) explanation of the reason for the refusal. • Requires the Secretary of State to adopt a format for apostille authentications that is consistent with the Trilingual Model Apostille Certificate maintained by the Hague Conference on Private International Law. Requires this format to be used even if the document’s destination county has not ratified or adopted the Hague Apostille Convention (1961). Requires the certificate (for an apostille authentication) to include a statement facilitating use of Indiana’s certificate in foreign countries that have not ratified or adopted the Hague Apostille Convention. • Makes other stylistic amendments. |
| |
| 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. |
| |
| 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. |
| |
| 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.” |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| NEVADA—AB 25 Eff. 5-29-25 View this bill Provides that a notarial officer has satisfactory evidence that a person who is incarcerated in the state prison is the person whose signature is on a document if the person is identified upon the basis of: (1) an inmate identification card that is issued by the Department in accordance with regulations adopted by the Department and includes the name and a picture of the person; or (2) a declaration signed by the person under penalty of perjury attesting to his or her identity. ------------------------------- NEVADA—AB 72 Eff. 5-29-25 View this bill Authorizes the Secretary of State to adopt regulations establishing a code of professional responsibility for notaries public. Section 4 of this bill authorizes the Secretary of State to impose certain sanctions against a notary public who violates any regulation adopted pursuant to the provisions of existing law governing notaries public, including, without limitation, any code of professional responsibility adopted. Authorizes a notarial officer to refuse to perform a notarial act if the notary officer is not satisfied that: (1) the person executing the document is competent [a defined term] or has capacity to execute the document; or (2) the persons signature is not knowingly and voluntarily made. Further authorizes a notarial officer to refuse to perform a notarial act under other circumstances where such refusal is not prohibited. Clarifies that certain specified penalties apply, except as otherwise provided in NRS Chapter 240, when a notary willfully violates a provision of Chapter 240 or commits willful neglect of duty or other violation of the Chapter. Clarifies that an electronic notary public is prohibited from performing an electronic notarial act unless he or she is present in Nevada. |
| |
| 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.) |
| |
| NORTH CAROLINA—HB 40 Eff. 6-26-25 View this bill Amends the statute on notary commission qualifications by removing the requirement that an applicant’s signature on an initial application be written “with pen and ink,” and clarifying that the Secretary of State’s authority to establish a process for submission of the applicant’s signature may include electronic submission. --------------------------------------- NORTH CAROLINA—HB 388 See Effective Date Clause, Bill Section 13(b) View this bill (see “Part IX” on page 11) Extends sunset of the “temporary” statutory authorization for performance of emergency video notarizations. As provided in HB 388, that sunset is now “the earlier of (i) 12:01 A.M. July 1, 2026, or (ii) the date the Secretary issues the first license in accordance with G.S. 10B-134.19. If the Secretary issues the first license in accordance with G.S. 10B-134.19 prior to 12:01 A.M. July 1, 2026, the Secretary shall file that date with the Codifier of Rules to be published in the North Carolina Register as the expiration date of this section." |
| |
| 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. |
| |
| OHIO – HB 315 Effective 4-3-25 View this bill; Pages 43-55 Makes various amendments to Ohio’s notary public law, as follows. Amends Ohio Revised Code Section 147.01 dealing with appointment and commission of a notary public. Clarifies that the Secretary of State may revoke a commission issued to a notary public upon the judgment of a court of presentation of satisfactory evidence of misconduct or incapacity. Further clarifies that if the Secretary revokes a person’s commission, the person is ineligible for reappointment to the office of notary public. Requires that before entering upon the duties of office, a notary public shall take their oath of office by personally appearing before another notary public, or any officer authorized by law to administer oaths. Amends Ohio Revised Code Section 147.001 by adding subsection (F), defining “notary public” to mean an officer of the state, commissioned to perform notarial acts by the secretary of state, or prior to June 6, 2001, by the governor. Clarifies that a notary public is not considered an occupation or profession under Title XLVII of the Revised Code, and a notary commission is not an occupational or professional license. Adds new law concerning investigation of a notary. Requires a notary public to cooperative fully with the Secretary of State during the course of an investigation, including responding in a timely manner to all questions posed by the Secretary as part of that investigation. Requires the Secretary to revoke the commission of a notary public who does not cooperate or respond to such questions as required. Empowers the Secretary of State to revoke the commission of a notary public for any act or omission by the notary public that demonstrates the notary lacks the requisite honesty, integrity, competence, or reliability to act as a notary public, including any of the following: 1. Failure to administer an oath or affirmation when executing a jurat; 2. Performing a notarial act without requiring personal appearance, except in the case of an online notary public performing an online notarization in accordance with sections 147.60 to 147.66 of the Revised Code; 3. Fraudulent, dishonest or deceitful misstatement or omission on a notarial certificate. States clearly that a notary public has statewide jurisdiction. Makes numerous stylistic amendments to existing statutory wording. Increases the allowable fee for an online notarization to thirty dollars (previously twenty-five). Authorizes a notary to charge either or both of (1) a reasonable travel fee, agreed to by the notary and the principal prior to the notarial act; (2) a technology fee up to ten dollars for the use of an online notarization system when performing an online notarization, as defined in section 147.60 of the Revised Code. Clarifies that a notary may charge a technology fee regardless of whether the notarial act is completed, such as when a signer fails to pass the identification process in the online notarization system, but the total technology fee charged shall not exceed ten dollars per online notarization system. Adds executing a jurat without administering an oath or affirmation to the signer; and charging or accepting a fee greater than the amount prescribed by law, as prohibited acts under the notary law. Requires the Secretary to prescribe and make available an electronic duplicate commission request form, and an electronic amendment form. Amends current law to require submission of these forms. Establishes requirements for performance of authorized notarial acts (acknowledgment of a record, verification or statement on oath or affirmation (jurat), including determining the identity of the person acknowledging a record or making a verification on oath or affirmation, and that the signature on the record is that of the person. Provides that a notary public has personal knowledge of the identity of a person appearing before the notary if the person is personally known to the notary through dealings sufficient to provide reasonable certainty that the person has the identity claimed. Provides that a notary public has satisfactory evidence of the identity of a person appearing before the notary if the notary public an identify the person by either an inspection of certain specified identification credentials that are current or expired not more than three years before performance of the notarial act and that are satisfactory to the notary; or by verification on oath or affirmation of a credible witness personally appearing before the notary public and personally known to the notary public or whom the notary public can identify on the basis of a passport, driver’s license, or other government-issued nondriver identification card that is current or expired not more than three years before performance of the notarial act. Clarifies that a witness is not credible if they have a conflict of interest regarding the transaction. Authorizes a notary to require a person to provide additional information or identification credentials necessary to assure the notary public of the identity of the person. Defines a person’s “conflict of interest.” Authorizes a notary public or any other individual with similar authority under Code Section 147.51to perform these notarial acts: administer oaths or affirmations; take and certify acknowledgments; take and certify depositions. Establishes the procedural requirements and certifications made for the authorized notarial acts of an acknowledgment and a jurat. Provides the spoken oath or affirmation administered by a notary public to the signer of a jurat: “Do you solemnly swear that the statements made in this document are true, so help you God?” or “Do you affirm, under penalty of perjury, that the statements in this document are true?” Provides that the form of a notarial certificate used by a person whose authority is recognized under Section 147.51, Ohio Revised Code, shall be accepted in Ohio if any of the following apply: 1. The notarial certificate is in a form prescribed by the laws or regulations of Ohio; 2. The notarial certificate is in a form prescribed by the laws or regulations applicable in the place in which the notarial act is performed; 3. The certificate contains the words (a) “Acknowledged before me,” or their substantial equivalent, for an acknowledgment; or (b) “Sworn to and subscribed before me,” “affirmed to and subscribed before me,” or their substantial equivalent, when executing a jurat. Updates statutory language relative to authenticator certificates. Prohibits an authenticator certificate from being signed or notarized with an electronic signature or electronic seal, either in person or through the use of an online notarization system. Makes numerous clerical and conforming amendments. |
| |
| 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. |
| |
| OREGON - CITIES’ GENERAL RECORDS RETENTION POLICY – MINIMUM RETENTION PERIODS OSA 3-2025 (Policy Text reproduced below) Effective 7-3-25 The policy includes a specific records retention period and circumstances for notary public journals used by Oregon city employees performing notarial transactions on behalf of their employer. Allows cities to retain notary journals by agreement with the notary public following the notary’s separation from city employment. Clarifies that notary records may include the notary journal and said agreement. Cautions that cities retaining notary public journals without such a notary agreement should consult their legal counsel and/or Oregon’s Secretary of State, Corporations Division, for retention instructions. States the minimum journal retention period of 10 years after the last notarial act recorded in the journal.
------------------------------------------------- OREGON - HB 4020 Eff. 1-1-25 View this bill Requires all applicants for a commission as a notary public (new and renewal commissions) to complete a course of study offered by the Secretary of State, or by an entity approved by the Secretary, before taking the required examination. The course of study must cover the laws, rules, procedures and ethics relevant to notarial acts. |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 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.”
|
||||
| |
| 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). --------------------------------------------- UTAH – SB 79 Eff. 5-7-25 View this bill Amends Utah’s Recognition of Acknowledgments Act, by restating the definition “acknowledged before me” to mean (a) that the person acknowledging appeared before the person taking the acknowledgment; and (b) that the person [who was/is] acknowledging executed the document. The remainder of this bill’s law changes appear to have been made to render existing statutory text gender-neutral. |
| |
| 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). |
| |
| 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. |
| |
| |
• CLICK HERE to view the Notary law Updates Archive Page
Information above is provided for informational purposes only. Nothing herein should be construed as legal advice. The user is solely responsible for knowledge and understanding of applicable notarial law, procedures and practices. Copyright 2024, American Society of Notaries
Your data is safe with us! (read our privacy and security policy)