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Notary Public Webinar
Begins at noon
Please MUTE your phones and computer audio! You can either call into the number provided in the email or use your computer audio to hear the presentation.
Use the chat box feature on the r ight to ask questions.
Having trouble? Email [email protected] or call 802-223-2020
Vermont Bar Association
New Notary Public Law Webinar
June 20, 2019
Faculty:
Teri Corsones, VBA Executive Director
Jim Knapp, First American Title
S. Lauren Hibbert, Office of Professional Regulation
Bob Paolini, VBA Government Relations
Chris Winters, VT Secretary of State's Office
Notaries PublicNotary Law Overview 2019DEPUT Y SECRETA RY OF STAT E CHRI S WI NT ERS
OPR D I R EC TOR LAUR EN HI BBERT
Notarial Acts
➢Official acts of certification, attestation or administration authorized by law to be performed by a notarial officer
➢A way to bring our private papers into public transactions in a reliable way
➢A fraud deterrent – you are who you say you are
➢Preserve the integrity and reliability of transactions
➢Vast majority of transactions are in land records, but notarization is used for many other official papers and filing
Notary Law History
➢Title 24, Chapter 5◦ § 183 – appointments sent to SoS
◦ §§ 441-446 – appointments, oaths, powers, liabilities
➢Title 32, Chapter 17◦ §§ 1403, 1436 - fees
➢Most laws written in the late 1700’s
Requirements and Best PracticesoBest practices
◦ Personal appearance
◦ Positive proof of identity
◦ Signer’s act of acknowledgment required
◦ Observed lack of duress required
◦ Signer’s awareness of document signing required
o Other
◦ Journal / recordkeeping
◦ Seal / stamp
◦ Conflict of interest provision
o Guidance in SoS publications from the 1990s, but no basis in statute
State by State Comparison by PRIA
➢Best practices for all 50 States on these five factors ◦ Personal appearance
◦ Positive proof of identity
◦ Signer’s act of acknowledgment required
◦ Observed lack of duress required
◦ Signer’s awareness of document signing required
➢Vermont’s score? 0-5
2015 – 16 – 17 – 18 Legislative Proposals
➢Goals:
oUpdate a very old lawoProvide real protections and codify best practicesoAllow for electronic notarization (not remote, though this is being looked at)oStandardize to ensure other states will take Vermont notarizations (interstate
commerce)oStreamline the commissioning processoHave actual enforcement for misconductoRequire minimal competency and provide education
H. 526 (Act 160) Dates to Note
• July 1, 2018: SoS can appoint notary advisors and begin rulemaking.
• December 1, 2018: Notary applications transfer to the SoS/OPR.
• February 1, 2019: Existing notary commissions are renewed with the SoS/OPR. – come to OPR, not the counties – we will do outreach, allow for an online process.
• July 1, 2019: All other provision of the bill (except CE and exam, below) go into effect. All of the new standards.
• February 1, 2021: 2 hour continuing education course required to renew commission; a basic examination required for new notary applicants. (going to be simple and online, also encourage some in person presentations)
Notable Exemptions➢Judiciary and law enforcement: exempt from all requirements (including fees) if acting in the course of their official duties. Judiciary must still apply for a notary commission. Law enforcement are notaries by operation of law.
➢Attorneys: exempt from the exam and education requirements. Complaints of unprofessional conduct go to the professional responsibility board.
➢State’s Attorneys, their deputies, Assistant Attorneys General, public defenders, their staff, JPs of the peace and town clerks and their assistants, employees of the Department of Corrections and the Department for Children and Families are exempt from the fee.
Commissioning Process Highlights➢Term changed to a two-year term instead of four and there is a $15 fee instead of $30.
➢New term – Commission Expires: 1/31/21
➢Online renewal, we have collected your email address. Existing notaries will receive multiple renewal notices by email. Renewal will open approximately 45 days before 1/31/21.
➢2 hours CE required for the 2021 renewal cycle. Attorneys are exempt.
➢Provides grounds to deny a notary application. (conviction of a felony, misdemeanor related to notary practice).
➢ Provides grounds to discipline, suspend or revoke a notary commission for things such as a conviction for fraud.
Notarization Process Highlights➢Personal appearance and verification are required.
➢Specifies the methods of verifying identification.
➢Specifies the content of notary acknowledgements and certificates.
➢Requires either a stamp or written/printed notary commission number.
Items of Note➢Remote (video) notarizations are not allowed.
➢Electronic notarizations (digital) are enabled, but will not be put in place until after rulemaking
➢Stamps and journals best practices but not required.➢Commission number is required
➢If you are printing instead of using a stamp➢Print legibly
➢Use commission number
➢Please engage in the Rule-making process. We will post the draft rules when they are ready for public comment.
Conclusions
◦ Vermont’s ancient notary law was practically nonexistent and was not protective of the public.
◦ The law and the commissioning process were in need of reform.
◦ Notaries typically get little training or guidance and may not understand the seriousness of their role, putting them and the public at risk.
◦ Good notaries engage in best practices out of a personal sense of responsibility and professionalism, not because of the law.
◦ This modernization of the notary law professionalize Vermont notaries, codifies many best practices, and protects the public.
Questions?➢www.sec.state.vt.us
➢The Vermont Office of Professional Regulation
➢Resources and FAQs
➢Use our online lookup
➢Contact us with your questions:
Chris Winters 828.2124 Lauren Hibbert 828.2458
Requirements to Execute a Notarial Act26 VSA Chapter 103 - Subchapter 4• Personal Appearance
• Identification
• Certificate of Notarial Act
• Stamps
Requirements 26 VSA §5363
• Acknowledgement (Documents)
• Verification (Affidavits)• Statement on Oath or Affirmation
• Signature• Attestation
• Excludes attestation of corporate officers
• Protests (UCC)
Personal Appearance (26 VSA §5364)
• Personal appearance required
• Satisfied if:• Same physical space
• Applies to “wet” or digital signature
OR
• >SOMEDAY – NOT TODAY<
• Remote Online Notary• Secure communications link
• Rules adopted by Secretary of State
Identification 26 VSA §5365
• Personal Knowledge• Everybody knows Jim Knapp
• Reasonable certainty that individual has identity claimed
• Satisfactory Evidence• Passport
• Government ID – drivers license, non-driver id,
• Other government id – current or expired within last three years• Picture and signature
• Verification by credible witness
Certificate of Notarial Act26 VSA §5367• Contemporaneous Execution
• Signed by notary
• Identify jurisdiction
• Title of signing officer
• Date of notary expiration
• Stamp or seal• Digital stamp or seal for e-notary
26 VSA §5367 Sample Notary Certificate
For an acknowledgment in an individual capacity:
State of << >> [County] of << >>
This record (instrument) was acknowledged before me on <<Date>> by__________
<<Name(s) of individual(s)>>
<<Signature of notary>>
<<Stamp>>
Title of office << >> [My commission expires: << >>]
For an acknowledgment in a representative capacity
State of << >> [County] of << >>
This record was acknowledged before me on <<DATE>> by
<<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 notarial officer>>
• Stamp << >>
• Title of office << >> My commission expires: << >>
Form for Verification
State of << >> [County] of << >>
• Signed and sworn to (or affirmed) before me on ____________ by __________________
• Date ____________
<<Name(s) of individual(s)>>
<<Signature of notary>>
<<Stamp>>
Title of office << >> [My commission expires: << >>]
Stamp or Seal
• Must Include – name, jurisdiction (State of Vermont)
• And such other information required by SecState
• Samples from SecState website FAQ
Some Notes on Seals and Stamps
• Use the LAST 7 digits of your commission number
• You can use all 10 if you want
• No Stamp (really?) –• Write in Notary Commission Number
• Legibly!!!!!
• Put license number in the “notes” application on your smart phone
• Print Your Name• Legibly!!!!!
• Buy multiple stamps (office, car, bag)
Savings Clause and Corrections26 VSA §5373• Notarial acts and certifications of notarial acts:
• Not invalidated by a failure to comply with the duties imposed
• Or requirements of statute
• Incomplete or incorrect notarial act may be fixed:• Corrected certificate of notarial act
• Executed and affirmed before a second notary
Notarial Acts – Foreign Jurisdictions
• Act 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”
• Foreign “notarial officer” identified in a source trusted for information is sufficient
• Seal or stamp is prima facie evidence of authority
• Apostille is conclusive evidence of authority
