§ 42-30.1-12.2. Certificate of notarial act for a remotely located individual.
(a) A notarial act for a remotely located individual pursuant to § 42-30.1-12.1 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 notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the commissioning agency;
(3) Identify the jurisdiction in which the notarial act is performed;
(4) Contain the title of office of the notarial officer; and
(5) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer’s commission.
(b) If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsections (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsections (a)(2), (a)(3), and (a)(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 form otherwise permitted by the laws of this state;
(2) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
(3) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in §§ 42-30.1-4, 42-30.1-5, and 42-30.1-6 or any other applicable laws of this state.
(d) By executing a certificate of a notarial act, a notarial officer certifies that the notarial officer has complied with the requirements and made the determinations specified in §§ 42-30.1-3, 42-30.1-4, and 42-30.1-5.
(e) A notarial officer may not affix the notarial officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed.
(f) If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record.
(g) The commissioning agency shall develop short-form certificates of notarial acts, if completed with the information required by subsections (a), (b), and (c) of this section, for the following purposes:
(1) An acknowledgment in an individual capacity;
(2) An acknowledgment in a representative capacity;
(3) A verification on oath or affirmation;
(4) Witnessing or attesting a signature;
(5) Certifying a copy of a record.
History of Section.
P.L. 2022, ch. 438, § 3, effective June 30, 2022; P.L. 2022, ch. 439, § 3, effective June 30, 2022.