Notary Law Updates
| 2024 - 2025 Adopted/Enacted Notary Legislation Page Last Updated: September 18, 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). -------------------------------------- ALABAMA – HB 103 Eff. 10-1-24 View this bill Empowers the State Service Commissioner of the State Department of Veterans’ Affairs to have a seal of office. Requires the Commissioner to subscribe and execute an oath of office before entering into the duties of office. Requires the Commissioner to designate employees to become notaries public, who may administer oaths to any individual swearing to the correctness of any statement made in connection with certain applications, hospitalization, insurance, pension, or any other service, aid, or benefit to which the individual, or any other individual on whose behalf any statement is made, may be or may become entitled to under existing federal law or laws of Alabama. ------------------------------- ALABAMA – SB 289 Eff. 10-1-24 View this bill Defines “professional service” as any service or occupation that may be lawfully performed only under a license issued by a state court, state regulatory licensing board, or other similar agency. Defines “professional” as an individual who holds such license. Authorizes a professional who is also commissioned as an Alabama notary public, in the normal course of providing a professional service in exchange for a fee, commission or other payment, to perform any acknowledgment or other notarial act that is required to provide the professional service. Also clarifies that an individual employee, who is employed by a professional and is also commissioned as a notary public, may perform any acknowledgment or other notarial act required in the normal course of providing a professional service for which the employing professional receives a fee, commission or other payment. |
| |
| 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. |
| |
| 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 2867 Effective Immediately (9-16-2024) View this bill Amends California law dealing with the time for commencing certain notary-related actions (other than for the recovery of real property). Excerpt: Within three years: (f) (1) An action against a notary public on the notary public’s bond or in the notary public’s official capacity except that a cause of action based on malfeasance or misfeasance is not deemed to have accrued until discovery, by the aggrieved party or the aggrieved party’s agent, of the facts constituting the cause of action. (2) Notwithstanding paragraph (1), an action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the aggrieved party or the aggrieved party’s agent, of the facts constituting the cause of action or within three years from the performance of the notarial act giving rise to the action, whichever is later. (3) Notwithstanding paragraph (1), an action against a notary public on the notary public’s bond or in the notary public’s official capacity shall be commenced within six years. --------------------------------------------------- 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 24-1381 Eff. 8-1-24 View this bill Amends existing law (Colo. Rev. Stat. §11-41-128) to provide that a notary public or other public officer qualified to take acknowledgments or proof of written instruments shall NOT be disqualified from taking the acknowledgment or proof of an instrument solely because of the notary public’s or other public officer’s employment by, or membership with, or being an officer of, the savings and loan association interested in the instrument presented for notarization. ---------------------------------- 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 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 429 Eff. 7-1-24 View this bill Changes the State of Florida official who may appoint commissioners of deeds from the Governor, to the Secretary of State. (These officers, whose term of office is four years, are authorized to take acknowledgments, proofs of execution and oaths in connection with the execution of any deed, mortgage, deed of trust, contract, power of attorney, or any other writing to be used or recorded in connection with a timeshare estate and other specified types of property or timeshare plan.) |
| |
| 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 – 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. |
| |
| HAWAII – HB 2480 Eff. 7-1-24 View this bill Requires the Office of the Lieutenant Governor to set a fee for the issuance of an apostille or a non-apostille certification. Establishes the Apostilles and Certifications Special Fund. Appropriates funds into and out of the special fund. Defines key terms (“apostille,” “Hague Treaty,” “non-apostille certification”). Requires the Office of the Lieutenant Governor to adopt rules to implement HB 2480’s newly created chapter of the Hawaii Revised Statutes. |
| |
| 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 - HB 1032 Eff. 7-1-24 View this bill “Legislative Notaries” Creates “legislative notaries,” and provides that a legislative notary may be a member of Indiana’s General Assembly, or the principal clerk of the House of Representatives, or the principal secretary of the Senate. Establishes that a legislative notary’s authorized powers may be exercised throughout Indiana. Provides that a legislative notary’s power expires as follows: • If the individual is a member of the general assembly—upon the date the individual’s current term of office expires. • If the individual is not a member of the general assembly—upon the date the term of the current general assembly expires. Authorizes legislative notaries to exercise the following powers: 1. Take acknowledgment to a deed or any other instrument in writing; 2. Administer oaths, protest notes, and checks; 3. Take the deposition of a witness; 4.Take and certify an affidavit or a deposition; 5. Perform any other duty conferred upon a notary public by Indiana statutes. Establishes that an acknowledgment to a deed or other instrument taken by a legislative notary entitles the deed or other instrument to be recorded the same as though acknowledged before a (commissioned) notary public. Clarifies that a legislative notary is not authorized to perform any of the acts authorized by HB 1032, until the legislative notary has procured a seal that stamps, upon paper, the legislative notary’s official status (“character”) as a legislative notary. Allows a legislative notary’s seal to include any other device. (Note: “device” is not defined in the bill, but likely means a drawing or design.) Clarifies that when administering oaths, protest notes and checks, a legislative notary need not use a seal. Requires that, at the time the legislative notary signs an acknowledgment, a jurat, or any other official document, a legislative notary must show on the document the expiration date of their authority to act as a legislative notary. Allows a legislative notary to charge the same fees for performing authorized acts as the fees charged by an Indiana notary public. Provides that a legislative notary violates Indiana law if they perform an act that is a violation of law when it is performed by a commissioned Indiana notary public. Commissioned Indiana Notaries Public Deletes the word “seal” as a statutorily required element of an Indiana notary public’s electronic seal. Clarifies that the official seal of a commissioned Indiana notary public is not required to contain the word “seal” in the physical or electronic image of the official seal (its inclusion is a choice, not a requirement). Makes necessary conforming amendments. |
| |
| LOUISIANA – HB 238 Eff. 8-1-24 View this bill Exempts notaries public and certain other parties from the duty "to make any investigation as to whether a party to a transaction involving immovable property is a foreign adversary or prohibited foreign actor.” Further provides that no person so exempted shall be liable for failing to identify that a party to a transaction involving immovable property is a foreign adversary or prohibited foreign actor." |
| |
| MARYLAND – SB 280 Eff. 7-1-24 View this bill Repeals the statutory provision requiring that a notary public use a certain, specifically worded protest form. |
| |
| MISSOURI - SB 1359 Eff. 8-28-24 View this bill Repeals a statutory provision requiring that, when a married woman and her husband execute and acknowledge a document involving a real estate transaction, the woman be described as “wife” in the notarial certificate for the acknowledgment. |
| |
| 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 YORK - SB 2271 Effective 11-22-2024 View this bill Provides for recognition of notarial acts performed outside of New York, as follows. • Establishes that, when a notary public of another U.S. state performs a notarial act, that notary’s signature and title are prima facie evidence that the (notary’s) signature is genuine and that the individual holds the designated title of “notary public.” • Further establishes that the signature and title of specified notarial officers acting as authorized outside of New York are prima facie evidence that the signature is genuine and that the individual holds the designated title. Establishes that the signature and title of certain notarial officers described in SB 2271 conclusively establish the authority of the officer to perform the acknowledgment or proof of a conveyance. Further establishes that no certificate of conformity may be required for an acknowledgment or proof taken outside of New York, if the acknowledgment or proof is taken by and accompanied by the signature and title of certain notarial officers described in SB 2271. Provides that instruments acknowledged or proved, taken by and accompanied by the signature and title of a notarial officer specified in SB 2271 and performed in accordance with laws of the notarial officer’s jurisdiction, are equivalent to one taken or made in the form prescribed by law for use in New York. Further authorizes that such instruments, if otherwise entitled to be recorded, filed or registered, may be done so in any recording or filing office of New York, upon payment or tender of any lawful fees. Makes various conforming amendments. -------------------------------------------- NEW YORK - SB 8306 Relevant Section Eff. 90th Day After Becoming Law (7-19-24) View this bill Amends New York’s real property law by adding a new section that includes provisions for execution of a real property transfer on death deed. Provides that such transfer on death deed is revocable and non-testamentary. Specifies the requirements for lawful execution of a real property transfer on death deed, including that it shall be acknowledged before a notary public and recorded before the transferor’s death in the public records of the county where the property is located. |
| |
| 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 CAROLINA - SB 382 Eff. 12-11-24 View this bill (Search bill for “CERTAIN NOTARY MODIFICATIONS”) Provides for the statutory validation of certain notarial acts (see bullet items below), by adding §10B-73 to Section 2E.5 in Part 9, Article 1, Chapter 10B of North Carolina’s General Statutes: §10B-73. Certain emergency video and remote notarizations validated. a. Any emergency video notarization performed in accordance with G.S. 10B-25, as codified on June 30, 2024, is validated. b. Any emergency video witnessing performed in accordance with Article 3 of this Chapter,* as codified on June 20, 2024, is validated. ------------------------------------------------ *[Chapter 10B, North Carolina General Statutes] Specifies that this newly created statute, §10B-73, applies to notarial acts performed July 1, 2024 through September 8, 2024. ------------------------------------------------------------- NORTH CAROLINA – HB 199 Eff. 7-1-24 (Relevant Section) View this bill Clarifies that “notarization” includes a remote electronic notarization that conforms to Article 2, Chapter 10B of the General Statutes (North Carolina’s Electronic Notary Act), and any notarization recognized pursuant to 10B-20(f) and 10B-40(e) of the General Statutes. Establishes that “signature” includes electronic signature technology that conforms to Article 40, Chapter 66 of North Carolina’s General Statutes. Specifically authorizes remote electronic notarization and electronic signatures for motor vehicle transactions; see Bill Section 13(a)-(d). Provides that any notarization requirement contained in Chapter 20, North Carolina General Statutes, may be satisfied using a remote electronic notarization that conforms to either Article 2, Chapter 10B of the General Statutes or any notarization recognized pursuant to G.S. 10B-20(f) (interstate recognition of notarial acts) and G.S. 10B-40(e) (recognition of any notarial certificate made in an other jurisdiction, if it is made in accordance with federal law or the laws of the jurisdiction where the notarial certificate was made). ---------------------------------------------- NORTH CAROLINA - SB 615, Relevant Excerpts Notary-related provisions (excerpted below) are effective as indicated below or upon becoming law (September 28, 2023). View the full text of SB 615 here; scroll to “Part IV. Notary Changes.” Effective 9-28-23: • Strikes the Tar Heel State’s recently enacted requirement for all notaries to maintain a journal record of all notarial acts performed, irrespective of the type of notarizations performed (traditional paper, electronic, or remote). • Clarifies that each notary may maintain a journal of all notarial acts performed, in the manner for that type of notarial act and in accordance with any rules adopted by the Secretary of State. Effective 7-1-24: • Requires that only a North Carolina notary performing a remote electronic notarization must maintain a journal. Specifies that such journal format shall be electronic. Establishes that the electronic journal shall be the exclusive property of the electronic notary. Prohibits the electronic notary from allowing another person to make entries in the electronic journal. SB 615 EXCERPT; PART IV. NOTARY CHANGES SECTION 4.1. G.S. 10B-38, as enacted by S.L. 2023-57, reads as rewritten: "§ 10B-38. Journal. Each notary SECTION 4.2. G.S. 10B-134.15(a), as amended by S.L. 2023-57, reads as rewritten: "(a) SECTION 4.3. Section 4.2 of this Part becomes effective July 1, 2024. The remainder of this Part is effective when it becomes law. PART VIII. EFFECTIVE DATE SECTION 8.1. Except as otherwise provided, this act is effective when it becomes law. |
| |
| 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 - SB 57 Eff. 11-1-24 View this bill Amends certain required measurements of documents filed with a county clerk for recording, and affecting specific real property (whether a conveyance, encumbrance, assignment, or release of encumbrance, lease, assignment of lease or release of lease). Specifies that the top margin of all such documents shall be at least two (2) inches and all other margins shall be at least one (1) inch. ------------------------------ OKLAHOMA – SB 468 Eff. 11-1-24 View this bill Creates the Oklahoma Uniform Electronic Estate Planning Documents Act. Provides for a new section of law to be codified in the Oklahoma Statutes as Section 922 of Title 84 This new section of law will allow an individual to create a certified paper copy of an electronic non-testamentary estate planning document, by affirming under penalty of perjury that the paper copy is a complete and accurate copy of the document. Commentary: other states provide for production of these types of copies by authorizing a notary public to certify that a paper copy of a record is a complete and accurate copy of the record. -------------------------------------------- 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 556 Eff. 11-1-24 View this bill Adds, to the conditions under which the Secretary of State may deny, refuse to renew, or revoke a commission as a notary public, a person’s failure to comply in good faith with the requirements set forth in Oklahoma Statutes Title 49, Section 113 (setting forth the requirements for performance of the notarial acts authorized under Oklahoma law). Creates the following new statutory provision: A notarial officer who performs a notarial act pursuant to this section without first making in good faith the required determination of the identity of the person appearing before the notary shall be guilty of a misdemeanor and upon conviction be subject to a fine not to exceed One Thousand Dollars ($1,000.00), to imprisonment in the county jail not to exceed ten (10) days, or both such fine and imprisonment. |
| |
| 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. |
| |
| SOUTH DAKOTA – SB 211 Eff. 7-1-24 View this bill Substantially amends South Dakota law dealing with recording or filing of documents with the state’s registers of deeds, in order to accommodate electronic documents, electronically signed and notarized. Enacts new statutory provisions. Expands the reasons that an “original signature” may not be required for any document to be recorded or filed in a register of deeds’ records, by amending the law to accommodate signatures executed and notarized electronically. Clarifies that an “original signature” may not be required for recordation or filing with a register of deeds when the document to be recorded is a printed copy of an electronic record, produced in compliance with newly enacted law (see this bill’s section 7). Requires a register of deeds to accept for record a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a signature on a record accepted for recording be an original, if the officiating notarial officer certifies in a notarial certificate that the tangible copy is an accurate copy of the electronic record. Provides the mandatory wording for a notarial certificate authenticating a printed tangible copy of an electronic record. Defines “document” or “record” as information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Defines “identity proofing” as a process or service by which a third party provides a notarial officer with a reasonable means to verify the identity of an individual by review of personal information from public or proprietary data sources. Clarifies that the statutory definition of “notarial act” pertains to notarial acts performed with respect to tangible or electronic records. Defines “official seal” as a seal, stamp or physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record. Expands the statutory definition of a notarial officer’s “personal knowledge” of an individual’s identity, by including the notarial officer’s ability to reasonably identify the individual by two different methods of identity proofing. Defines “remotely located person” as a person who is not in the physical presence of the notary. Defines “tamper-evident” as any change to an electronic record resulting in display of evidence of the change. Clarifies certain requirements for a notarial officer’s official seal. Amends the term “seal” to “official seal.” (See new “official seal” definition above.) Requires rubber seals and electronic seals to be a type approved by the Secretary of State. Clarifies that both rubber stamp seals and electronic seals must contain the seal’s required words and seal within the mandatory, surrounding border. Amends the definition of “personal knowledge,” to accommodate a notarial officer’s ability to reasonably identify an individual by use of two different methods of identity proofing. Requires a notarial officer wishing to perform notarial acts with respect to electronic records to select at least one tamper-evident electronic notarization system with which to place the signature and official seal of the notarial officer on electronic records. Prohibits a person from requiring a notarial officer to perform a notarial act with respect to an electronic record with a system that the notarial officer has not selected. Requires a notarial officer to notify the Secretary of State, on forms prescribed by the Secretary, of the names of each tamper-evident notarization system used by that notarial officer for notarization of electronic records. Authorizes a South Dakota notarial officer, located in South Dakota, to perform a notarial act executed on an electronic record by a person not in the notarial officer’s physical presence, but observed by the notarial officer by means of video communication technology and subject to the following requirements. The notarial officer must: • Have personal knowledge, by means of two different methods of identity proofing, that the person has the identity being claimed; • Affix the notarial officer’s signature to the electronic record executed by the person; • Indicate, in the notarial certificate: o the remote location of the person executing the document; o that the notarial act involved a statement made or a signature executed by a person not in the physical presence of the notarial officer, but appearing by means of video communication technology and a tamper-evident electronic notarization system; and • Create an audio-visual copy of the performance of the notarial act for the remotely located person. Requires that notarial certificates for acts performed for remotely located persons must be in substantially the following form: State of South Dakota County of ______________________ss On this _________ day of _________________, in the year _______, before me, _______(Notary’s Name)__________, the undersigned officer, appeared _______(Signer’s Name)__________ with a remote location of _______(City/State)__________, of whom I have personal knowledge by identity proofing and whom I positively identified as the person whose name is subscribed to the within instrument, appeared before me not in my physical presence but by means of a tamper-evident electronic notarization system, and I observed his/her execution of the same for the purposes contained therein and confirm that I affix my official seal to the same instrument so executed. Requires a notarial officer to retain an electronic audio-visual copy of each notarial act involving use of a tamper-evident notarization system for 10 years from the date of performance of the notarial act. Provides such copy or copies to be retained by the notarial officer, or by the guardian, conservator, or personal representative of an incapacitated or deceased notarial officer. Allows these audio-visual copies to be held instead by a repository designed by or on behalf of the notarial officer. Establishes that the failure of a notarial officer to perform a duty or meet a requirement specified by law does not invalidate a notarial act performed by the notarial officer. Provides that the validity of a notarial act does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act, or from seeking other remedies based on South Dakota law or United States law. Clarifies that these provisions do not validate a purported notarial act performed by an individual who is not authorized to perform notarial acts. Authorizes the Secretary of State to promulgate rules in accordance with applicable South Dakota law, and provides that the rules shall: create standards for online notarial acts in accordance with South Dakota’s Revised Uniform Law on Notarial Acts (RULONA), including standards for credential analysis, identity proofing, and communication technology used for online notarial acts; and ensure the integrity, security, and authenticity of online notarial acts in accordance with the RULONA. Makes numerous stylistic (clarifying, but non-substantive) amendments. |
| |
| TENNESSEE – HB 647 Eff. 7-1-24 View this bill Specifies that a party requesting a patient's medical records in paper format is responsible to the provider, or to the provider's third-party release-of-information provider, for the “reasonable costs” of copying and mailing the patient's records. Sets maximums for such “reasonable costs.” Specifies a “reasonable” flat fee of no more than $20 per certification or notary fee, if certification or notarization is requested. |
| |
| 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 the rules to: • not require a person to complete more than 2 hours of education for appointment or two hours of continuing education for reappointment; • require that the secretary of state establish and o>er education and continuing education courses and allow the secretary to charge a reasonable fee; • 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 • 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 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 1372 Eff. 7-1-24 View this bill Amends existing law, by adding a knowledge-based authentication assessment to the methods by which a Virginia notary public may obtain satisfactory evidence of identity of an individual. Defines “knowledge-based authentication” (a quiz composed of at least five questions related to the principal’s personal history or identity, in which the person scores at least an 80% pass rate). Further amends existing law, by clarifying that a credible witness relied upon by a notary to identify a principal shall personally know the principal, and either be personally known to the notary or identified by means of at least two of the following: (1) credential analysis of an unexpired government-issued identification bearing a photograph of the principal's face and signature; (2) identity proofing by an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, including any supplements thereto or revisions thereof; (3) another identity proofing method authorized in guidance documents, regulations, or standards adopted pursuant to § 2.2-436; (4) a valid digital certificate accessed by biometric data or by use of an interoperable Personal Identity Verification card that is designed, issued, and managed in accordance with the specifications published by the National Institute of Standards and Technology in Federal Information Processing Standards Publication 201-1, "Personal Identity Verification (PIV) of Federal Employees and Contractors," and supplements thereto or revisions thereof, including the specifications published by the Federal Chief Information Officers Council in "Personal Identity Verification Interoperability for Non-Federal Issuers"; or (5) a knowledge-based authentication assessment. Modifies the definition of “satisfactory evidence of identification.” (NOTE: existing forms of traditional, documentary evidence of identification, such as a state-issued driver’s license, were not amended under this new law.) ----------------------------------- VIRGINIA – HB 986 Eff. 7-1-24 View this bill Increases, to $10, the current $5 per-act fee that a Virginia notary public may charge for taking acknowledgments; administering and certifying an oath or affirmation; certifying affidavits and depositions of witnesses; or certifying that a copy of a document is a true copy thereof. ------------------------------------------------------ VIRGINIA – SB 8 Eff. 7-1-24 View this bill Eliminates, for persons seeking recommission as a notary public or electronic notary public, the requirement to take the oath of office. Conditions this waiver on any such applicant being in good standing as a notary public or electronic notary public, not being subject to any investigation or proceeding, and never having been removed from office pursuant to Chapter 5 (§47.1-24 et seq.) |
| |
| WASHINGTON – HB 1889 Eff. 7-1-24 View this bill Amends the qualifications for obtaining a Washington notary public commission, by striking the requirement that a notary commission applicant be a citizen or permanent legal resident of the United States. (Elimination of the citizen-or-permanent-legal-resident requirement affects numerous other Washington state license types, as well.) |
| |
| |
• 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)