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Title 26: Professions and Occupations
Chapter 103: Notaries Public
- Subchapter 001: General Provisions
§ 5301. Short title
This chapter may be cited as the Uniform Law on Notarial Acts. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5302. Uniformity of application and construction
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5303. Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b). (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5304. Definitions
As used in this chapter:
(1) “Acknowledgment” means a declaration by an individual before a notary public that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.
(2) “Certificate” or “notarial certificate” means the part of, or attachment to, a notarized document that is completed by a notary public, bears the required information set forth in section 5367 of this chapter, and states the facts attested to or certified by the notary public in a particular notarization.
(3) “Commission term” means the two-year period commencing on February 1 and continuing through January 31 of the second year following the commencement of the term.
(4) “Communication technology” means an electronic device or process operating in accordance with section 5380 of this chapter and any standards adopted by the Office pursuant to section 5323 of this chapter that:
(A) allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
(B) when necessary and consistent with other applicable laws, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment.
(5) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(6) “Electronic signature” means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.
(7) “Foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe.
(8) “Identity proofing” means a process or service operating in accordance with section 5380 of this chapter and any standards adopted by the Office pursuant to section 5323 of this chapter by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.
(9) “In a representative capacity” means acting as:
(A) an authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
(B) a public officer, personal representative, guardian, administrator, executor, trustee, or other representative, in the capacity stated in a record;
(C) an agent or attorney-in-fact for a principal; or
(D) an authorized representative of another in any other capacity.
(10)(A) “Notarial act” means an act, whether performed with respect to a tangible or an electronic record, that a notary public may perform under the law of this State. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.
(B) “Notarial act” does not include a corporate officer attesting to another corporate officer’s signature in the ordinary course of the corporation’s business.
(C) Nothing in this chapter shall be construed to require the use of a notary public to witness a signature that is allowed by law to be witnessed by an individual who is not a notary public.
(11) “Notarial officer” means a notary public or other individual authorized to perform a notarial act
(12) “Notary public” means an individual commissioned to perform a notarial act by the Office.
(13) “Office” means the Office of Professional Regulation within the Office of the Secretary of State.
(14) “Official stamp” means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record.
(15) “Outside the United States” means a location outside the geographic boundaries of the United States; Puerto Rico; the U.S. Virgin Islands; and any territory, insular possession, or other location subject to the jurisdiction of the United States.
(16) “Person” means an individual, corporation, business trust, statutory trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(17) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(18) “Remotely located individual” means an individual who is not in the physical presence of the notary public who performs a notarial act under section 5379 of this chapter.
(19) “Sign” means, with present intent to authenticate or adopt a record:
(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record an electronic symbol, sound, or process.
(20) “Signature” means a tangible symbol or an electronic signature that evidences the signing of a record.
(21) “Stamping device” means:
(A) a physical device capable of affixing to or embossing on a tangible record an official stamp; or
(B) an electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.
(22) “State” means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(23) “Verification on oath or affirmation” means a declaration, made by an individual on oath or affirmation before a notary public, that a statement in a record is true. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2019, No. 30, § 27; 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
§ 5305. Exemptions
(a) Judiciary- and law enforcement-related employees.
(1) Employee exemptions.
(A) Judiciary-related.
(i) The persons set forth in subdivision (2)(A) of this subsection, when acting within the scope of their official duties, are exempt from all of the requirements of this chapter, including the requirement to pay the fee set forth in section 5324 of this chapter, except for the requirement to apply for a commission as set forth in subsections 5341(a), (c), (d), and (e) and subdivisions (b)(1)-(3) of this chapter.
(ii) A commission issued to a person under this subdivision (A) shall not be considered a license.
(B) Law enforcement-related.
(i) The persons set forth in subdivision (2)(B) of this subsection, when acting within the scope of their official duties, shall be commissioned as notaries public authorized to perform a notarial act as a matter of law and are exempt from all of the requirements of this chapter, including the requirement to pay the fee set forth in section 5324 of this chapter.
(ii) A notarial act that identifies the notary public as a person who is exempt under this subdivision (B) shall establish as a matter of law that the person is commissioned as a notary public for the purpose of acting within the scope of official duties under this subsection.
(2) Employees, defined.
(A) Judiciary-related. Persons employed by the Judiciary, including judges, Superior Court clerks, court operations managers, Probate registers, case managers, docket clerks, assistant judges, county clerks, and after-hours relief from abuse contract employees.
(B) Law enforcement-related. Persons employed as law enforcement officers certified under 20 V.S.A. chapter 151 who are noncertified constables or who are employed by a Vermont law enforcement agency; the Department of Public Safety, of Fish and Wildlife, of Motor Vehicles, of Liquor and Lottery, of Corrections, or for Children and Families; the Office of the Defender General; the Office of the Attorney General; or a State’s Attorney or Sheriff.
(3) Official duties, defined. As used in subdivision (1) of this subsection, “acting within the scope of official duties” means that a person is notarizing a document that:
(A) the person believes is related to the execution of the person’s duties and responsibilities of employment or is the type of document that other employees notarize in the course of employment;
(B) is useful or of assistance to any person or entity identified in subdivision (2) of this subsection (a);
(C) is required, requested, created, used, submitted, or relied upon by any person or entity identified in subdivision (2) of this subsection (a);
(D) is necessary in order to assist in the representation, care, or protection of a person or the State;
(E) is necessary in order to protect the public or property;
(F) is necessary to represent or assist crime victims in receiving restitution or other services;
(G) relates to a Vermont or federal court rule or statute governing any criminal, postconviction, mental health, family, juvenile, civil, probate, Judicial Bureau, Environmental Division, or Supreme Court matter; or
(H) relates to a matter subject to Title 4, 12, 13, 15, 18, 20, 23, or 33 of the Vermont Statutes Annotated.
(b) Attorneys.
(1) Attorneys licensed and in good standing in this State are exempt from:
(A) the examination requirement set forth in subsection 5341(b) of this chapter; and
(B) the continuing education requirement set forth in section 5343 of this chapter.
(2) If a complaint of a violation of this chapter is filed in regard to a Vermont licensed attorney, the Office shall refer the complaint to the Professional Responsibility Board and shall request a report back from the Board regarding the final disposition of the complaint.
(c) Town clerks, assistants, and justices of the peace.
(1)(A) A town clerk and his or her assistants may perform notarial acts as notaries public throughout the town clerk’s county, provided that they shall comply with all of the requirements of this chapter, except as provided in subdivision (2) of this subsection.
(B) Subject to the provisions of subdivision (A) of this subdivision (1), performing notarial acts as a notary public shall be considered within the scope of the official duties of a town clerk and his or her assistants.
(2) Justices of the peace and town clerks and their assistants are exempt from the fee set forth in section 5324 of this chapter.
(d) Unauthorized practice. Nothing in this section is intended to prohibit prosecution of a person under 3 V.S.A. § 127 (unauthorized practice). (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2019, No. 30, § 28; 2019, No. 73, § 36; 2023, No. 16, § 1, eff. May 15, 2023.)
- Subchapter 002: Administration
§ 5321. Secretary of State’s Office duties
The Office shall:
(1) provide general information to applicants for commissioning as a notary public;
(2) administer fees as provided under section 5324 of this chapter;
(3) explain appeal procedures to notaries public and applicants and explain complaint procedures to the public; and
(4) receive applications for commissioning, review applications, and grant and renew commissions when appropriate under this chapter. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5322. Advisor appointees
(a) The Secretary of State shall appoint two notaries public to serve as advisors in matters relating to notarial acts. One of the advisors shall be an attorney selected from a list of at least three licensed attorneys provided by the Vermont Bar Association. The advisors shall be appointed for staggered five-year terms and serve at the pleasure of the Secretary. One of the initial appointments shall be for less than a five-year term.
(b) Each appointee shall have at least three years of experience as a notary public during the period immediately preceding appointment and shall be actively commissioned in Vermont and remain in good standing during incumbency.
(c) The Office shall seek the advice of the advisor appointees in carrying out the provisions of this chapter. The appointees shall be entitled to compensation and reimbursement of expenses as set forth in 32 V.S.A. § 1010 for attendance at any meeting called by the Office for this purpose. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5323. Rules
(a) The Office, with the advice of the advisor appointees, may adopt rules to implement this chapter. The rules may:
(1) prescribe the manner of performing notarial acts regarding tangible and electronic records;
(2) include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;
(3) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;
(4) prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking the commission or special commission endorsement of or otherwise disciplining a notary public and ensuring the trustworthiness of an individual holding a commission or special commission endorsement as notary public;
(5) include provisions to prevent fraud or mistake in the performance of notarial acts;
(6) prescribe the means of performing a notarial act involving a remotely located individual using communication technology;
(7) establish standards for communication technology and identity proofing;
(8) establish standards and a period for the retention of an audiovisual recording created under section 5379 of this chapter; and
(9) prescribe methods for a notary public to confirm, under subsections 5379(c) and (d) of this chapter, the identity of a tangible record.
(b) Rules adopted regarding the performance of notarial acts with respect to electronic records and remote online notarization may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. In adopting, amending, or repealing rules regarding notarial acts with respect to electronic records and remote online notarization, the Office shall consider, as far as is consistent with this chapter:
(1) the most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State;
(2) standards, practices, and customs of other jurisdictions that have laws substantially similar to this chapter; and
(3) the views of governmental officials and entities and other interested persons.
(c) [Repealed.] (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
§ 5324. Fees
(a) For the issuance of a commission as a notary public, the Office shall collect a fee of $30.00.
(b) For issuance of a special endorsement authorizing the performance of electronic and remote notarial acts in accordance with subsection 5341(d) of this chapter, the Office shall collect a fee of $30.00. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
- Subchapter 003: Commissions
§ 5341. Commission as notary public; qualifications; no immunity or benefit
(a) An individual qualified under subsection (b) of this section may apply to the Office for a commission as a notary public. The applicant shall comply with and provide the information required by rules adopted by the Office and pay the application fee set forth in section 5324 of this chapter.
(b) An applicant for a commission as a notary public shall:
(1) be at least 18 years of age;
(2) be a citizen or permanent legal resident of the United States;
(3) be a resident of or have a place of employment or practice in this State;
(4) not be disqualified to receive a commission under section 5342 of this chapter; and
(5) pass a basic examination approved by the Office based on the statutes, rules, and ethics relevant to notarial acts.
(c) Before issuance of a commission as a notary public, an applicant for the commission shall execute an oath of office and submit it to the Office.
(d) A notary public shall not perform a notarial act on an electronic record or for a remotely located individual without obtaining a special endorsement from the Office. A notary public shall hold a notary public commission to be eligible for a special endorsement to perform notarial acts on electronic records and for remotely located individuals. The Office shall adopt rules for obtaining and regulating a special commission endorsement authorizing a notary public to perform notarial acts on electronic records and for remotely located individuals. These rules shall require notaries public performing notarial acts on electronic records and for remotely located individuals to ensure the communication technology and identity proofing used for the performance of the notarial act on electronic records or for remotely located individuals comply with the requirements of section 5380 of this chapter and any rules adopted by the Office in accordance with section 5323 of this chapter. A notary public shall apply for the special commission endorsement for the performance of notarial acts on electronic records and for remotely located individuals by filing with the Office an application provided by the Office accompanied by the required fees and evidence of eligibility, as required in rules adopted by the Office in accordance with section 5323 of this chapter.
(e) A commission to act as a notary public authorizes the notary public to perform notarial acts except for notarial acts on electronic records or for remotely located individuals. A commission with a special endorsement issued under subsection (d) of this section authorizes a notary public to perform notarial acts on electronic records and for remotely located individuals. The commission does not provide the notary public any immunity or benefit conferred by law of this State on public officials or employees. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
§ 5342. Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public
(a) The Office may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including:
(1) failure to comply with this chapter;
(2) a fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the Office;
(3) a conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty, or deceit;
(4) a finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant’s or notary public’s fraud, dishonesty, or deceit;
(5) failure by the notary public to discharge any duty required of a notary public, whether by this chapter, rules of the Office, or any federal or State law;
(6) use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right, or privilege that the notary does not have;
(7) violation by the notary public of a rule of the Office regarding a notary public;
(8) denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state; or
(9) committing any of the conduct set forth in 3 V.S.A. § 129a(a).
(b) If the Office denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with 3 V.S.A. chapter 25. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5343. Renewals; continuing education
(a) Biennially, the Office shall provide a renewal notice to each commissioned notary public. Upon receipt of a notary public’s completed renewal, payment of the fee as set forth in section 5324 of this chapter, and evidence of eligibility, the Office shall issue to him or her a new commission.
(b) A notary public applying for renewal shall complete continuing education approved by the Office, which shall not be required to exceed two hours, during the preceding two-year period.
(c) The Office, with the advice of the advisor appointees, shall establish by rule guidelines and criteria for continuing education credit. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5344. Database of notaries public
The Office shall maintain an electronic database of notaries public:
(1) through which a person may verify the authority of a notary public to perform notarial acts; and
(2) that indicates whether a notary public has notified the Office that the notary public will be performing notarial acts on electronic records. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5345. Prohibitions; offenses
(a) A person shall not perform or attempt to perform a notarial act or hold himself or herself out as being able to do so in this State without first having been commissioned.
(b) A person shall not use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a notary public unless commissioned in accordance with this chapter.
(c) A person shall not perform or attempt to perform a notarial act while his or her commission has been revoked or suspended.
(d) A person who violates a provision of this section shall be subject to a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. Prosecution may occur upon the complaint of the Attorney General or a State’s Attorney and shall not act as a bar to civil or administrative proceedings involving the same conduct.
(e) A commission as a notary public shall not authorize an individual to assist a person in drafting legal records, give legal advice, or otherwise practice law.
(f) Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person who seeks performance of a notarial act by the notary public. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
- Subchapter 004: Notarial Acts
§ 5361. Notarial acts in this State; authority to perform
(a) A notarial act, as defined in subdivision 5304(10) of this chapter, may only be performed in this State by a notary public commissioned under this chapter.
(b) The signature and title of an individual performing a notarial act in this State are prima facie evidence that the signature is genuine and that the individual holds the designated title. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2019, No. 30, § 29; 2023, No. 77, § 11, eff. June 20, 2023.)
§ 5362. Authorized notarial acts
(a) A notary public may perform a notarial act as authorized by and in accordance with the requirements of this chapter or otherwise by law of this State.
(b) A notary public shall not perform a notarial act with respect to a record to which the notary public or the notary public’s spouse is a party, or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.
(c) A notary public may certify that a tangible copy of an electronic record is an accurate copy of the electronic record. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
§ 5363. Requirements for certain notarial acts
(a) Acknowledgments. A notary public who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.
(b) Verifications. A notary public who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.
(c) Signatures. A notary public who attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.
(d) Protests. A notary public who makes or notes a protest of a negotiable instrument shall determine the matters set forth in 9A V.S.A. § 3-505(b), protest; certificate of dishonor.
(e) Copies. A notary public who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
§ 5364. Personal appearance required
(a) If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notary public.
(b) [Repealed.] (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
§ 5365. Identification of individual
(a) Personal knowledge. A notary public has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.
(b) Satisfactory evidence. A notary public has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
(1) by means of:
(A) a passport, driver’s license, or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act; or
(B) another form of government identification issued to an individual, which is current or expired not more than three years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer; or
(2) by a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license, or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act.
(c) Additional information. A notary public may require an individual to provide additional information or identification credentials necessary to assure the notary public of the identity of the individual. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5366. Signature if individual unable to sign
If an individual is physically unable to sign a record, the individual may direct an individual other than the notary public to sign the individual’s name on the record. The notary public shall insert “Signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar import. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5367. Certificate of notarial act
(a) A notarial act shall be evidenced by a certificate. The certificate shall:
(1) be executed contemporaneously with the performance of the notarial act;
(2) be signed and dated by the notary public and be signed in the same manner as on file with the Office;
(3) identify the jurisdiction in which the notarial act is performed;
(4) contain the title of office of the notary public; and
(5) indicate the date of expiration of the officer’s commission.
(b)(1) If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to or embossed on the certificate or, in the alternative, the notary shall clearly print or type the notary public’s name and commission number on the certificate.
(2) If a notarial act regarding an electronic record is performed by a notary public and the certificate contains the information specified in subdivisions (a)(2)-(4) of this section, an official stamp may be attached to or logically associated with the certificate.
(c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) of this section and:
(1) is in a short form as set forth in section 5368 of this chapter;
(2) is in a form otherwise permitted by the law of this State;
(3) is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
(4) sets forth the actions of the notary public and the actions are sufficient to meet the requirements of the notarial act as provided in sections 5362-5364 of this chapter or a law of this State other than this chapter.
(d) By executing a certificate of a notarial act, a notary public certifies that the notary public has complied with the requirements and made the determinations specified in sections 5363-5365 of this chapter.
(e) A notary public shall not affix the notary public’s signature to, or logically associate it with, a certificate until the notarial act has been performed.
(f)(1) If a notarial act is performed regarding a tangible record, a certificate shall be part of, or securely attached to, the record.
(2) If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record.
(3) If the Office has established standards by rule pursuant to section 5323 of this chapter for attaching, affixing, or logically associating the certificate, the process shall conform to those standards. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5368. Short-form certificates
The following short-form certificates of notarial acts shall be sufficient for the purposes indicated, if completed with the information required by subsections 5367(a) and (b) of this chapter:
(1) For an acknowledgment in an individual capacity:
State of Vermont [County] of _________________________________________
This record was acknowledged before me on ______ by ______
Date ____ Name(s) of individual(s)_________________________________________
Signature of notary public _________________________________________
Stamp____ [__________ ]
Title of office______ [My commission expires: ______ ]
(2) For an acknowledgment in a representative capacity:
State of Vermont [County] of _________________________________________
This record was acknowledged before me on ____ by ______
Date ____ Name(s) of individual(s) ______ as ______ (type of authority, such as officer or trustee) of ______ (name of party on behalf of whom record was executed).
Signature of notary public _________________________________________
Stamp [____________ ]
Title of office ______ [My commission expires: ______ ]
(3) For a verification on oath or affirmation:
State of Vermont [County] of _________________________________________
Signed and sworn to (or affirmed) before me on ______ by _________________________________________
Date ______
Name(s) of individuals making statement _________________________________________
Signature of notary public _________________________________________
Stamp [____________ ]
Title of office______ [My commission expires: ______ ]
(4) For attesting a signature:
State of Vermont [County] of _________________________________________
Signed [or attested] before me on ______ by _________________________________________
Date ____ Name(s) of individual(s) _________________________________________
Signature of notary public _________________________________________
Stamp [____________ ]
Title of office ______ [My commission expires: ______ ]
(5) For certifying a copy of a record:
State of _______________________________________
County of _______________________________________
I certify that this is a true and correct copy of a record in the possession of _______________________________________
Dated _________________________________________
Signature of notarial officer _______________________________________________________________________
Stamp___________
Title of office _______________________________________ [My commission expires: ___________ ]
(Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
§ 5369. Official stamp
The official stamp of a notary public shall:
(1) include the notary public’s name, jurisdiction, and other information required by the Office; and
(2) be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5370. Stamping device
(a) A notary public is responsible for the security of the notary public’s stamping device and shall not allow another individual to use the device to perform a notarial act.
(b) If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall notify promptly the Office on discovering that the device is lost or stolen. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5371. Notification regarding performance of notarial act on electronic record; selection of technology
(a) A notary public holding a special commission endorsement pursuant to subsection 5341(d) of this title and who is thus authorized to perform notarial acts on electronic records may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.
(b) A recorder, as defined in 27 V.S.A. § 622, may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notary public executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
§ 5372. Authority to refuse to perform notarial act
(a) A notary public may refuse to perform a notarial act if the notary public is not satisfied that:
(1) the individual executing the record is competent or has the capacity to execute the record; or
(2) the individual’s signature is knowingly and voluntarily made.
(b) A notary public may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5373. Validity of notarial acts
(a) Except as otherwise provided in subsection 5372(b) of this chapter, the failure of a notary public to perform a duty or meet a requirement specified in this chapter shall not impair the marketability of title or invalidate a notarial act or a certification evidencing the notarial act.
(b) An acknowledgment that contains a notary commission expiration date that is either inaccurate or expired shall not invalidate the acknowledgment if it can be established that on the date the acknowledgment was taken, the notary public’s commission was active.
(c) The validity of a notarial act under this chapter shall 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 law of this State other than this chapter or law of the United States.
(d) Defects in the written evidence of acknowledgment in a document in the public records may be cured by the notary public who performed the original notarial act. The notary public shall, under oath and before a different notary public, execute a writing correcting any defect. Upon recording, the corrective document corrects any deficiency and ratifies the original written evidence of acknowledgment as of the date the acknowledgment was originally taken.
(e) Notwithstanding any provision of law to the contrary, a document that conveys an interest in real property shall be recordable in the land records and, if recorded, shall be sufficient for record notice to third parties, notwithstanding the failure of a notary public to perform any duty or meet any requirement specified in this chapter. Such failure includes the failure to comply in full or in part with the requirements of sections 5367-5369 of this title.
(f) This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5374. Notarial act in another state
(a) A notarial act performed in another state has the same effect under the law of this State as if performed by a notary public of this State, if the act performed in that state is performed by:
(1) a notary public of that state;
(2) a judge, clerk, or deputy clerk of a court of that state; or
(3) any other individual authorized by the law of that state to perform the notarial act.
(b) If a deed or other conveyance or a power of attorney for the conveyance of land, the acknowledgment or proof of which is taken out of State, is certified agreeably to the laws of the state in which the acknowledgment or proof is taken, it shall be valid as though it were taken before a proper officer in this State.
(c) An acknowledgment for a deed or other conveyance or a power of attorney for the conveyance of land that is taken out of State before a proper officer of this State shall be valid as if taken within this State.
(d) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(e) The signature and title of a notarial officer described in subdivision (a)(1) or (2) of this section conclusively establish the authority of the officer to perform the notarial act. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5375. Notarial act under authority of federally recognized Indian tribe
(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notary public of this State, if the act performed in the jurisdiction of the tribe is performed by:
(1) a notary public of the tribe;
(2) a judge, clerk, or deputy clerk of a court of the tribe; or
(3) any other individual authorized by the law of the tribe to perform the notarial act.
(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(c) The signature and title of a notarial officer described in subdivision (a)(1) or (2) of this section conclusively establish the authority of the officer to perform the notarial act. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5376. Notarial act under federal authority
(a) A notarial act performed under federal law has the same effect under the law of this State as if performed by a notary public of this State, if the act performed under federal law is performed by:
(1) a judge, clerk, or deputy clerk of a court;
(2) an individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
(3) an individual designated a notarizing officer by the U.S. Department of State for performing notarial acts overseas; or
(4) any other individual authorized by federal law to perform the notarial act.
(b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(c) The signature and title of an officer described in subdivision (a)(1), (2), or (3) of this section shall conclusively establish the authority of the officer to perform the notarial act. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5377. Evidence of authenticity of notarial act performed in this State
(a) The authenticity of the official notarial stamp and signature of a notary public may be evidenced by either:
(1) A certificate of authority from the Secretary of State authenticated as necessary.
(2) An apostille from the Secretary of State in the form prescribed by the Hague convention of October 5, 1961 abolishing the requirement of legalization of foreign public documents.
(b) An apostille as specified by the Hague convention shall be attached to any document that requires authentication and that is sent to a nation that has signed and ratified this convention. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5378. Foreign notarial act
(a) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe.
(b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this State as if performed by a notary public of this State.
(c) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
(d) The signature and official stamp of an individual holding an office described in subsection (c) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.
(e) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
(f) A consular authentication issued by an individual designated by the U.S. Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
§ 5379. Notarial act performed for remotely located individual
(a) A remotely located individual may comply with section 5364 of this chapter by using communication technology to appear before a notary public with a special commission endorsement.
(b) A notary public located in this State may perform a notarial act using communication technology for a remotely located individual if:
(1) the notary public holds a special commission endorsement pursuant to subsection 5341(d) of this title;
(2) the notary public:
(A) has personal knowledge under subsection 5365(a) of this chapter of the identity of the individual;
(B) has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under subsection 5365(b) of this chapter; or
(C) has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing;
(3) the notary public is reasonably able to confirm that a 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;
(4) the notary public, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act; and
(5) for a remotely located individual located outside the United States:
(A) the record:
(i) 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 the United States; or
(ii) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
(B) the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.
(c) A notary public in this State may use communication technology under subsection (b) of this section to take an acknowledgement of a signature on a tangible record physically present before the notary public if the record is displayed to and identified by the remotely located individual during the audiovisual recording under subdivision (b)(4) of this section.
(d) The requirement under subdivision (b)(3) of this section for the performance of a notarial act with respect to a tangible record not physically present before the notary public is satisfied if:
(1) the remotely located individual:
(A) during the audiovisual recording under subdivision (b)(4) of this section, signs:
(i) the record; and
(ii) a declaration, in substantially the following form, that is part of or securely attached to the record:
I declare under penalty of perjury that the record of which this declaration is part or to which it is attached is the same record on which (name of notary public), a notary public, performed a notarial act and before whom I appeared by means of communication technology on _________________________________________ (date).
Signature of remotely located individual
_______________________________________________________________________
Printed name of remotely located individual
_______________________________________; and(B) sends the record and declaration to the notary public not later than three days after the notarial act was performed; and
(2) the notary public:
(A) in the audiovisual recording under subdivision (b)(4) of this section, records the individual signing the record and declaration; and
(B) after receipt of the record and declaration from the individual, executes a certificate of notarial act under section 5367 of this chapter, which must include a statement in substantially the following form:
I, (name of notary public), witnessed, by means of communication technology, (name of remotely located individual) sign the attached record and declaration on (date).(e) A notarial act performed in compliance with subsection (d) of this section complies with subdivision 5367(a)(1) of this chapter and is effective on the date the remotely located individual signed the declaration under subdivision (d)(1)(A)(ii) of this section.
(f) Subsection (d) of this section does not preclude use of another procedure to satisfy subdivision (b)(3) of this section for a notarial act performed with respect to a tangible record.
(g) A notary public located in this State may use communication technology under subsection (b) of this section to administer an oath or affirmation to a remotely located individual if, except as otherwise provided by other law of this State, the notary public:
(1) identifies the individual under subdivision (b)(2) of this section;
(2) creates or causes the creation under subdivision (b)(4) of this section of an audiovisual recording of the individual taking the oath or affirmation; and
(3) retains or causes the retention under subsection (k) of this section of the recording.
(h) The notary public shall ensure that the communication technology and identity proofing used to perform a notarial act for a remotely located individual complies with section 5380 of this chapter and any standards adopted by the Office in accordance with section 5323 of this chapter.
(i) If a notarial act is performed under this section, the certificate of notarial act required by section 5367 of this chapter and the short-form certificate provided in section 5368 of this chapter must indicate that the notarial act was performed using communication technology.
(j) A short-form certificate provided in section 5368 of this chapter for a notarial act subject to this section is sufficient if it:
(1) complies with rules adopted under section 5323 of this chapter; or
(2) is in the form provided in section 5367 of this chapter and contains a statement substantially as follows: “This notarial act involved the use of communication technology.”
(k) A notary public, guardian, conservator, or agent of a notary public or a personal representative of a deceased notary public shall retain the audiovisual recording created under subdivision (b)(4) of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rules adopted under section 5323 of this chapter, the recording must be retained for a period of at least 10 years after the recording is made.
(l) Providers of the communication technologies, identity proofing, or storage must be registered with the Secretary of State to do business in Vermont and, by allowing communication technology or identity proofing to facilitate a notarial act of an electronic record or for a remotely located individual or by providing storage of the audiovisual recording under subdivision (b)(3) of this section, providers of the communication technology, identity proofing, or storage consent and agree that the service or process being provided is in compliance with the requirements set forth in this chapter and with any rules adopted by the Office. (Added 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
§ 5380. Computer technology and identity proofing providers; minimum standards
(a) Communication technology and identity proofing providers shall develop, maintain, and implement processes and services that are consistent with the requirements of this chapter and industry standards and best practices for the process or service provided. Providers must also comply with all applicable federal and State regulations, rules, and standards, including:
(1) with respect to communication technology, regulations, rules, and standards specific to simultaneous communication by sight and sound and information and communication technology for individuals with physical, sensory, and cognitive disabilities; and
(2) with respect to identity proofing, regulations, rules, and standards specific to the enrollment and verification of an identity used in digital authentication.
(b) A provider of communication technology or identity proofing shall provide evidence to the notary public’s satisfaction of the provider’s ability to satisfy the requirements of this chapter for the service or process being provided. (Added 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
