The Vermont Statutes Online

Title 26 : Professions and Occupations

Chapter 103 : Notaries Public

Subchapter 002 : ADMINISTRATION

• § 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  (c) [Repealed.]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.)