Notarial Acts

V.S.A. tit. 26, ch. 103, subch. 4

in effect

26 V.S.A. § 5361 Notarial acts in this State; authority to perform

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.

26 V.S.A. § 5362 Authorized notarial acts

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.

26 V.S.A. § 5363 Requirements for certain notarial acts

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.

26 V.S.A. § 5365 Identification of individual

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.

26 V.S.A. § 5366 Signature if individual unable to sign

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.

26 V.S.A. § 5367 Certificate of notarial act

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.

26 V.S.A. § 5368 Short-form certificates

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.

26 V.S.A. § 5369 Official stamp

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.

26 V.S.A. § 5370 Stamping device

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.

26 V.S.A. § 5371 Notification regarding performance of notarial act on electronic record; selection of technology

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.

26 V.S.A. § 5372 Authority to refuse to perform notarial act

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.

26 V.S.A. § 5373 Validity of notarial acts

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.

26 V.S.A. § 5374 Notarial act in another state

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.

26 V.S.A. § 5375 Notarial act under authority of federally recognized Indian tribe

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.

26 V.S.A. § 5376 Notarial act under federal authority

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.

26 V.S.A. § 5377 Evidence of authenticity of notarial act performed in this State

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.

26 V.S.A. § 5378 Foreign notarial act

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.

26 V.S.A. § 5379 Notarial act performed for remotely located individual

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.

26 V.S.A. § 5380 Computer technology and identity proofing providers; minimum standards

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.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/26/103Fetched: 10/21/2026