Commissions

V.S.A. tit. 26, ch. 103, subch. 3

in effect

26 V.S.A. § 5341 Commission as notary public; qualifications; no immunity or benefit

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.

26 V.S.A. § 5342 Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public

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.

26 V.S.A. § 5343 Renewals; continuing education

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.

26 V.S.A. § 5344 Database of notaries public

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.

26 V.S.A. § 5345 Prohibitions; offenses

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.

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