456-B:1 Definitions. – I. " Notarial act " means an act, whether performed with respect to a tangible or electronic record, that a notarial officer is authorized to perform under the law of this state, and includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or […]
456-B:10 Uniformity of Application and Construction. – This chapter shall be so interpreted to make uniform the law among those states enacting it. Source. 2005, 118:10, eff. Jan. 1, 2006.
456-B:11 Short Title. – This chapter may be cited as the Uniform Law on Notarial Acts. Source. 2005, 118:10, eff. Jan. 1, 2006.
456-B:2 Notarial Acts. – I. In taking an acknowledgment, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the instrument is the signature of the individual. II. In taking a […]
456-B:2-a Personal Appearance Required. – 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 notarial officer. Source. 2021, 206:2, Pt. II, Sec. 5, eff. Feb. 6, 2022.
456-B:2-b Identification of Individual. – I. A notarial officer 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. II. A notarial officer has satisfactory evidence of the […]
456-B:3 Notarial Acts in This State. – I. A notarial act may be performed within this state by the following persons: (a) A notary public of this state; (b) A judge, marital master, clerk, deputy clerk, register of probate, or deputy register of probate of any court of this state; or (c) A justice […]
456-B:4 Notarial Acts in Other Jurisdictions of the United States. – I. A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district, or possession of the United States by any of the following […]
456-B:5 Notarial Acts Under Federal Authority. – I. A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if performed anywhere by any of the following persons under authority granted by the law of the United States: (a) A judge, clerk, […]
456-B:6 Foreign Notarial Acts. – I. A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multi-national or international organization by any […]
456-B:6-a Notarial Act Performed for Remotely Located Individual. – I. In this section: (a) " Communication technology " means an electronic device or process that: (1) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and (2) When necessary and consistent with other applicable […]
456-B:7 Certificate of Notarial Acts. – I. A notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may include the official stamp […]
456-B:8 Short Forms. – The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by RSA 456-B:7, I: I. For an acknowledgment in an individual capacity: State of _______________________ (County) of ____________________ This instrument was acknowledged before me on (date) by (name(s) of person(s)) […]
456-B:8-a Official Stamp; Stamping Device. – I. The electronic or rubber official stamp of a notary public shall: (a) Include the information required by RSA 455:3; and (b) Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated. II. A notary […]
456-B:8-b Notification Regarding Performance of Notarial Act on Electronic Record; Selection of Technology; Rules. – I. A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record […]
456-B:8-c Journal. – I. A notary public shall maintain a journal in which the notary public chronicles all notarial acts the notary public performs with respect to a remotely located individual under RSA 456-B:6-a. The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in […]
456-B:8-d Validity of Notarial Acts. – The failure of a notarial officer to perform a duty or meet a requirement specified in this chapter or RSA 455 does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter or RSA 455 does not prevent an […]
456-B:8-e Relation to Electronic Signatures in Global and National Commerce Act. – This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. section 7001(c), or authorize electronic delivery of […]
456-B:9 Notarial Acts Affected by This Act. – This chapter applies to notarial acts performed on or after its effective date. Source. 2005, 118:10, eff. Jan. 1, 2006.