§ 5361. Notarial acts in this State; authority to perform (a) A notarial act, as defined in subdivision 5304(7)(A) 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 […]
§ 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 […]
§ 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 […]
§ 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 (b) [Repealed.]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, […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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) […]
§ 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) […]
§ 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, […]
§ 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 […]
§ 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; […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
