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March 22, 2024
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STANDARDS OF PRACTICE
Personal Appearance
Notarial Acts: The statutory forms of acknowledgment (see “Certificate of Notary Act” below) contain the phrase “before me, (name of Notary), the undersigned officer, personally appeared (name of individual acknowledging)…” thereby indicating the core responsibility of a Notary in taking an acknowledgment is to ensure the individual personally appeared. Similarly, the form of jurat in the Notary Public Manual reads, “Subscribed and sworn to before me this (date)” indicating the requirement that in executing a jurat the individual swearing or affirming and signing the document must do so in the presence of the Notary.
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Remote Notarial Acts: Effective October 1, 2023, Connecticut now authorizes Notaries to perform remote notarial acts on tangible (paper) records when the remotely located individual and Notary appear before each other using communication technology. (See “Remote Notarial Acts,” below).
“The new law allows for notarial acts where the signer is not physically present before the notary. Instead, the notary and signer meet via communication technology, which means simultaneously and by sight and sound unless some other means is necessary to accommodate a disability” (NPM).
Identification
Notarial Acts
Requirement: “The officer taking the acknowledgment shall know or have satisfactory evidence that the person making the acknowledgment is the person described in and who executed the instrument” (CGS 1-32).
Personal Knowledge: Personal knowledge of identity “means familiarity with an individual resulting from interaction with that individual over a period of time sufficient to eliminate any reasonable doubt that the individual has the identity claimed” (CGS 3-94a[10]).
Satisfactory Evidence: Satisfactory evidence of identity “means identification of an individual based on (A) at least two current documents, one issued by a federal or state government and containing the individual’s signature and either a photograph or physical description, and the other by an institution, business entity or state government or the federal government and containing at least the individual’s signature or (B) the oath or affirmation of a credible person who is personally known to the notary public and who personally knows the individual” (CGS 3-94a[10]).
“Remember a social security card or birth certificates are not to be used as a form of identification. If an individual requesting notarial services does not have satisfactory forms of identification, identity can be established by the oath or affirmation of a credible witness” (NPM).
“A credible witness is an individual who is personally known by the notary and who personally knows the signer. For example, a notary could rely on a co-worker known to the notary, to identify a third party who does not have the required forms of identification. It is essential that the credible witness be ‘personally known’ to the notary. Like all witnesses, the credible witness should be honest, competent, and ideally, without interest in the transaction” (NPM).
Remote Notarial Acts
Definition: “‘Identity proofing’ means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” ((Public Act 23-28, Section 1CGS 3-95b[a][2]).
Requirement: “Except as provided in subsection (i) of this section, a document may be notarized for an individual who is not in the physical presence of the notary public at the time of the notarization if … [w]hen performing a remote notarization pursuant to the provisions of this section, the notary reasonably identifies the individual at the time of notarization by one or more of the following methods:
“(A) Personal knowledge of the identity of the individual;
“(B) The individual presents a government-issued identification document or record that has not expired and includes the individual's photograph, name and signature. An acceptable form of governmentissued government issued identification document or record includes, but is not limited to, a driver's license, government-issued identification card or passport;
“(C) Not less than two different types of identity proofing processes or services by which a third person provides a means to verify the identity of the individual through a review of public or private data sources; or
“(D) Oath or affirmation by a credible witness who:
“(i) Is in the physical presence of either the notary or the individual; or
“(ii) Is able to communicate in real time with the notary and the individual by sight and sound through an electronic device or process at the time of the notarization, if the credible witness has personal knowledge of the identity of the individual and has been reasonably identified by the notary by a method provided in this section” (Public Act 23-28, Section 1CGS 3-95b[b][2]).
Refusal of Services
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Applicable law: Public Act No. 23-28 (as of yet uncodified), provides the authorization for Connecticut Notaries Public to perform notarial acts for remotely located individuals. The provisions of this Act are summarized below.
Technology Systems
Approval of System Providers: Not required.
List of System Providers: Not provided.
Authorization: “Except as provided in subsection (i) of this section, a document may be notarized for an individual who is not in the physical presence of the notary public at the time of the notarization if … [t]he individual and the notary can communicate simultaneously, in real time, by sight and sound using communication technology” (Public Act 23-28, Section 1CGS 3-95b[b][1]).
“(1) ‘Communication technology’ means an electronic device or process that: (A) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and (B) When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing or speech impairment” (CGS 3-95b[a][1]).Remotely Located Individual Outside the United States: “When an individual who is physically located outside of the state of Connecticut or outside the United States seeks a remote notarization pursuant to subsection (b) of this section, the record being notarized shall:
“(1) Be intended for filing or presentation in a matter before a court, governmental entity, public official or other entity subject to the jurisdiction of the state of Connecticut;
“(2) Involve property located in the territorial jurisdiction of the state of Connecticut or a transaction substantially connected to the state of Connecticut; or
“(3) Otherwise not be prohibited by law of the state of Connecticut to be notarized outside the state” (Public Act 23-28, Section 1CGS 3-95b[c]).Delivery or Mailing of Record: “Once the record notarized pursuant to subsection (b) of this section is signed by the individual in accordance with the procedures set forth in this section, the individual shall mail or otherwise cause to be delivered the signed original copy of the record to the notary public for certification and execution with the notary's commission signature and official stamp or seal” (Public Act 23-28, Section 1CGS 3-95b[d]).
Date and Time of Remote Notarial Act: “The date and time of a notarization conducted pursuant to subsection (b) of this section shall be the date and time when the notary witnessed the signature being performed by means of communication technology” (Public Act 23-28, Section 1CGS 3-95b[e]).
Authority to Refuse Remote Notarial Act: “Nothing in this section shall affect the authority of a notary public to refuse to perform a notarial act or require a notary public to perform a notarization remotely:
“(1) With respect to an electronic record;
“(2) For an individual not in the physical presence of the notary; or
“(3) Using a technology that the notary has not selected” (Public Act 23-28, Section 1CGS 3-95b[f]).Prohibited Records: The following records are prohibited from being acknowledged remotely (Public Act 23-28, Section 1[i]).
A will, codicil, trust or trust instrument
A health care instructions pursuant to CGS 19a-575a,
A designation of a standby guardian pursuant to CGS 45a-624,
A designation of a person for decision-making and certain rights and obligations pursuant to CGS 1-56r,
A living will, as defined in CGS 19a-570,
A power of attorney, as defined in CGS 1-350a,
A self-proving affidavit for an appointment of health care representative or for a living will under CGS 1-56r and 19a-578,
A mutual distribution agreement under CGS 45a-433,
A disclaimer under CGS 45a-479 or 45a-583, and
A real estate closing, as defined in CGS 51-88a of the general statutes.
“The performance of any such acknowledgment in connection with any of the acts described in this subsection shall be ineffective for any purpose and shall constitute a violation of section 51-88 of the general statutes” (Public Act 23-28, Section 1CGS 3-95b[i]).
Electronic Records: “Can I notarize the document electronically? – Our office is researching whether the Act can be interpreted as allowing a notary and signer to execute the document electronically. Until this issue is resolved, we strongly recommend that all remote notarizations be done on paper and that the notary sign and certify the document by hand” (NPM).
Rules: “The Secretary of the State may adopt regulations in accordance with the provisions of chapter 54 of the general statutes regarding the performance of a notarial act pursuant to this section. Such regulations may:
“(1) Prescribe the means of performing a notarial act involving a remotely located individual using communication technology;
“(2) Establish standards for communication technology and identity proofing; or
“(3) Establish requirements or procedures to approve providers of communication technology and the process of identity proofing” (Public Act 23-28, Section 1CGS 3-95b[g]).
Witnesses for Deeds
In addition to acknowledgment before a Notary or other authorized official, two witnesses are usually required in executing a deed for real property situated in Connecticut (CGS 47-5).
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Attestation Procedure Statement (NPM) State of Connecticut I, _________ (name of custodian of original document), hereby swear (or affirm) that the attached copy of _________ (description of attached document, title, or type of document) is a true and accurate copy of a document in my possession. ____________ (Signature of custodian of original document) Subscribed and sworn to before me this _____ day of _______, 20____. ____________ (Signature of Notary) |
Document Without Certificate
“If there is no such form (on a document), the notary may attach and complete an acknowledgment form on the document. This form may be a preprinted attachment, a rubber stamp, or may be printed or typed on the document” (NPM).
SEAL AND SIGNATURE
Seal Requirement
Permitted: A Connecticut Notary Public may use a seal of office but is not required by law to do so.
“A notary public, except a state police major, captain, lieutenant or sergeant appointed as a notary public …may keep and use an official notarial seal” (CGS 3-94j).Format of Seal Prescribed if Used: “Even though the use of a seal is optional, state law does prescribe the format of the seal to be used” (NPM). If a Notary seal is used, its impression should be affixed near the notary’s official signature on the notarial certificate, and its format must be as described below (CGS 3-94k).
Electronic Real Property Records: Not required.
“A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature” (CGS 7-35cc[c]).
Seal Format
Embosser or Inked Stamp: Not specified by law, but an embosser is traditional and perhaps suggested by the statute, which refers to “an impression of the notarial seal.”
Size/Shape: Not specified by law, though a circular embossment is traditional.
Components:
Notary’s name exactly as it appears on certificate of appointment;
“Notary Public”;
“Connecticut”;
OPTIONAL IN SEAL: “My commission expires (commission expiration date)”.
Examples
The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by Connecticut law. Formats other than these may also be permitted. The embosser is most common.
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Police Seal
State police majors, captains, lieutenants and sergeants who are Notaries may take acknowledgments and administer oaths and affirmations in police matters only, using the seal of the state police as a notarial seal (CGS 3-94e).
Commission Expiration Date
If the words, “My commission expires (commission expiration date),” do not appear in the seal, they may appear in an inked stamp impression (CGS 3-94k).
If a seal is not used or if the seal does not contain an expiration date, an inked stamp such as is printed below may be affixed below the Notary’s signature, with the date either printed or written in by hand (NPM).
But, if the Notary does not elect to use either a seal or a stamp, the words “Notary Public” and “My commission expires (commission expiration date)” must be typed or printed legibly near the Notary’s official signature (CGS 3-94k).
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Placement of Seal or Stamp
“When using the seal, the impression should be affixed near, but not over, the notary’s signature. The stamp bearing the words ‘My Commission Expires’ should be placed below the notary’s signature…” (NPM).
Exclusive Use of Seal or Stamp
“Such seal shall not be used by any other person or surrendered to any employer upon termination of the notary’s employment” (CGS 3-94j).
“All seals and stamps are obtained from private vendors at the notary’s own expense and always remain the property of the notary. This is true even if the notary’s employer paid for these items. The only person who has the authority to possess and use a notary’s seal and/or stamp is the notary whose name appears on the seal” (NPM).
Lost or Stolen Seal or Stamp
“If a notary seal or stamp is lost or stolen, the notary should notify both the local police and the Office of the Secretary of the State. The notary should also notify the Department of Motor Vehicles, Dealers, Repairers & Emissions Division, in writing, at 60 State Street, Wethersfield, CT 06109. The Secretary’s office will note the loss or theft to protect the notary. If the notary chooses to replace the seal, some distinguishing element may be introduced to differentiate the new seal” (NPM).
Destruction of Seal or Stamp
“A notary shall immediately destroy the notary’s notarial seal upon resigning as a notary or upon the revocation, lapse or expiration of such person’s appointment as a notary” (CGS 3-94j).
“As soon as possible after the death of a notary public, the notary’s personal representative shall destroy the notary’s official notarial seal, if any …” (CGS 3-94q).
Notary’s Signature
Original Signature: “In any circumstance when the notary signature is required, it must be the original signature of the notary signed exactly as the name appears on the notary’s certificate of appointment” (NPH).
“It is important for the notary to remember that he/she must sign his/her name exactly as it appears on his/her certificate of appointment and notary seal” (NPM).Signature Stamp: “The notary cannot use a signature stamp in place of his/her signature” (NPM).
Delegate Signing: “[N]o other person can sign on behalf of the notary” (NPM).
RECORDS OF NOTARIAL ACTS
Records Requirement
Journal
Notarial Acts: Not required.
In-Person Electronic Notarial Acts: Not required.
Remote Notarial Acts: Not required.
Recording of Remote Notarial Acts: Not required.
Journal Recommendation
“Connecticut state law does not require that notaries maintain a journal of their notarial acts. However, it is the very strong recommendation of the Office of the Secretary of the State that they do so. The journal is a record of the notarial acts performed and could be vital in protecting the notary from possible liability.
Format of Journal
The journal should be a bound book to prevent loss or substitution of pages” (NPM).
Journal Entries
[T]he notary should record the following information for each transaction” (NPM):
Date and time of the notarial act;
Nature or type of notarial act performed;
Description of the document or proceeding;
Signature, printed name and address of each person for whom a notarial act is performed;
Method by which a person’s identity has been determined;
Fee, if any charged; and
Place where the notarial act was performed.
FEES FOR NOTARIAL ACTS
Maximum Fees
The maximum fee that a Connecticut Notary may charge for any notarial act is $5 (CGS 3-95).
Travel Fee
Notaries may charge a maximum of 35 cents for each mile of travel (CGS 3-95).
REAL ESTATE PRACTICES
Notary Signing Agents
Attorneys Only: Public Act No. 19-88 (SB 320), effective October 1, 2019, prohibits anyone other than a Connecticut attorney from conducting a real estate closing: “(a) Notwithstanding any provision of the general statutes, no person shall conduct a real estate closing unless such person has been admitted as an attorney in this state under the provisions of section 51-80 of the general statutes and has not been disqualified from the practice of law due to resignation, disbarment, being placed on inactive status or suspension. For the purposes of this subsection, ‘real estate closing’ means a closing for (1) a mortgage loan transaction, other than a home equity line of credit transaction or any other loan transaction that does not involve the issuance of a lender’s or mortgagee’s policy of title insurance in connection with such transaction, to be secured by real property in this state, or (2) any transaction wherein consideration is paid by a party to such transaction to effectuate a change in the ownership of real property in this state.
“(b) Any person who violates the provisions of subsection (a) of this section shall have committed a violation of subdivision (8) of subsection (a) of section 51-88 of the general statutes and be subject to the penalties set forth in subsection (b) of section 51-88 of the general statutes” (CGS 51-88a).
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Individual Acknowledgment – Remote Notarial Act (NPM) State of Connecticut On this _____ day of _______, 20____, before me, the undersigned notary public, appeared by means of communication technology _________ (name of individual or individuals), know to me or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged that _________ (he, she or they) executed the same for the purposes therein contained. The communication technology utilized was _________ (technology used). In witness whereof I hereunto set my hand. ____________ (Signature of Notary) |
Document Without Certificate
“If there is no such form (on a document), the notary may attach and complete an acknowledgment form on the document. This form may be a preprinted attachment, a rubber stamp, or may be printed or typed on the document” (NPM).
SEAL AND SIGNATURE
Seal Requirement
Permitted: A Connecticut Notary Public may use a seal of office but is not required by law to do so.
“A notary public, except a state police major, captain, lieutenant or sergeant appointed as a notary public …may keep and use an official notarial seal” (CGS 3-94j).Format of Seal Prescribed if Used: “Even though the use of a seal is optional, state law does prescribe the format of the seal to be used” (NPM). If a Notary seal is used, its impression should be affixed near the notary’s official signature on the notarial certificate, and its format must be as described below (CGS 3-94k).
Electronic Real Property Records: Not required.
“A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature” (CGS 7-35cc[c]).
Seal Format
Embosser or Inked Stamp: Not specified by law, but an embosser is traditional and perhaps suggested by the statute, which refers to “an impression of the notarial seal.”
Size/Shape: Not specified by law, though a circular embossment is traditional.
Components:
Notary’s name exactly as it appears on certificate of appointment;
“Notary Public”;
“Connecticut”;
OPTIONAL IN SEAL: “My commission expires (commission expiration date)”.
Examples
The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by Connecticut law. Formats other than these may also be permitted. The embosser is most common.
...
Police Seal
State police majors, captains, lieutenants and sergeants who are Notaries may take acknowledgments and administer oaths and affirmations in police matters only, using the seal of the state police as a notarial seal (CGS 3-94e).
Commission Expiration Date
If the words, “My commission expires (commission expiration date),” do not appear in the seal, they may appear in an inked stamp impression (CGS 3-94k).
If a seal is not used or if the seal does not contain an expiration date, an inked stamp such as is printed below may be affixed below the Notary’s signature, with the date either printed or written in by hand (NPM).
But, if the Notary does not elect to use either a seal or a stamp, the words “Notary Public” and “My commission expires (commission expiration date)” must be typed or printed legibly near the Notary’s official signature (CGS 3-94k).
...
Placement of Seal or Stamp
“When using the seal, the impression should be affixed near, but not over, the notary’s signature. The stamp bearing the words ‘My Commission Expires’ should be placed below the notary’s signature…” (NPM).
Exclusive Use of Seal or Stamp
“Such seal shall not be used by any other person or surrendered to any employer upon termination of the notary’s employment” (CGS 3-94j).
“All seals and stamps are obtained from private vendors at the notary’s own expense and always remain the property of the notary. This is true even if the notary’s employer paid for these items. The only person who has the authority to possess and use a notary’s seal and/or stamp is the notary whose name appears on the seal” (NPM).
Lost or Stolen Seal or Stamp
“If a notary seal or stamp is lost or stolen, the notary should notify both the local police and the Office of the Secretary of the State. The notary should also notify the Department of Motor Vehicles, Dealers, Repairers & Emissions Division, in writing, at 60 State Street, Wethersfield, CT 06109. The Secretary’s office will note the loss or theft to protect the notary. If the notary chooses to replace the seal, some distinguishing element may be introduced to differentiate the new seal” (NPM).
Destruction of Seal or Stamp
“A notary shall immediately destroy the notary’s notarial seal upon resigning as a notary or upon the revocation, lapse or expiration of such person’s appointment as a notary” (CGS 3-94j).
“As soon as possible after the death of a notary public, the notary’s personal representative shall destroy the notary’s official notarial seal, if any …” (CGS 3-94q).
Notary’s Signature
Original Signature: “In any circumstance when the notary signature is required, it must be the original signature of the notary signed exactly as the name appears on the notary’s certificate of appointment” (NPH).
“It is important for the notary to remember that he/she must sign his/her name exactly as it appears on his/her certificate of appointment and notary seal” (NPM).Signature Stamp: “The notary cannot use a signature stamp in place of his/her signature” (NPM).
Delegate Signing: “[N]o other person can sign on behalf of the notary” (NPM).
RECORDS OF NOTARIAL ACTS
Records Requirement
Journal
Notarial Acts: Not required.
In-Person Electronic Notarial Acts: Not required.
Remote Notarial Acts: Not required.
Recording of Remote Notarial Acts: Not required.
“[U]nlike in other states, the Connecticut law does not require the notary to keep a recording. Nevertheless, it is strongly recommended that the notary keep a recording of every remote notarization conducted for at least 10 years” (NPM).
Journal Recommendation
Notarial Acts: “Connecticut state law does not require that notaries maintain a journal of their notarial acts. However, it is the very strong recommendation of the Office of the Secretary of the State that they do so. The journal is a record of the notarial acts performed and could be vital in protecting the notary from possible liability” (NPM).
Remote Notarial Acts: “Like with in-person notarizations, we strongly recommend keeping a notary journal for your own protection, see Section 4.18. In addition to the information that a notary would journal for an in-person notarization, we recommend recording the location of the signer, the method that was used to meet with the signer and whether a recording of the video was retained” (NPM).
Format of Journal
The journal should be a bound book to prevent loss or substitution of pages” (NPM).
Journal Entries
[T]he notary should record the following information for each transaction” (NPM):
Date and time of the notarial act;
Nature or type of notarial act performed;
Description of the document or proceeding;
Signature, printed name and address of each person for whom a notarial act is performed;
Method by which a person’s identity has been determined;
Fee, if any charged; and
Place where the notarial act was performed.
FEES FOR NOTARIAL ACTS
Maximum Fees
The maximum fee that a Connecticut Notary may charge for any notarial act is $5 (CGS 3-95).
Travel Fee
Notaries may charge a maximum of 35 cents for each mile of travel (CGS 3-95).
REAL ESTATE PRACTICES
Notary Signing Agents
Attorneys Only: Public Act No. 19-88 (SB 320), effective October 1, 2019, prohibits anyone other than a Connecticut attorney from conducting a real estate closing: “(a) Notwithstanding any provision of the general statutes, no person shall conduct a real estate closing unless such person has been admitted as an attorney in this state under the provisions of section 51-80 of the general statutes and has not been disqualified from the practice of law due to resignation, disbarment, being placed on inactive status or suspension. For the purposes of this subsection, ‘real estate closing’ means a closing for (1) a mortgage loan transaction, other than a home equity line of credit transaction or any other loan transaction that does not involve the issuance of a lender’s or mortgagee’s policy of title insurance in connection with such transaction, to be secured by real property in this state, or (2) any transaction wherein consideration is paid by a party to such transaction to effectuate a change in the ownership of real property in this state.
“(b) Any person who violates the provisions of subsection (a) of this section shall have committed a violation of subdivision (8) of subsection (a) of section 51-88 of the general statutes and be subject to the penalties set forth in subsection (b) of section 51-88 of the general statutes” (CGS 51-88a).
Consequently, Connecticut is the latest state to become an “attorney-only” state in which nonattorney Notary Signing Agents cannot operate.
Out-of-State Deed or Conveyance: Can a Connecticut Notary notarize an out-of-state deed or real estate conveyance? – Yes, there is no explicit prohibition on a Connecticut notary executing a deed or land conveyance for property located out-of-state. However, it is recommended that the notary take the following precautions:
The notary should confirm with the signer that the signer is being instructed to execute the deed/conveyance before a Connecticut notary at the instruction of an attorney licensed to practice law in the state/jurisdiction where the property is located. Although the notarial act itself is governed by Connecticut law, the real estate transaction is governed by the law of the jurisdiction where the property is located. So the notary should take measures to ensure they he/she is not engaging in the unauthorized practice of law in that jurisdiction.
• The notary should confirm that the deed/conveyance truly relates to property located outside of Connecticut. Notaries must be cautious with documents transferring real property because (a) Public Act 23-28 prohibits remote notarizations for most such transactions if they involve property in Connecticut; and (b) notarizing a Connecticut land record without explicit direction of an attorney licensed in Connecticut may constitute the unauthorized practice of law.
• If done remotely, the notary should ascertain the connection between the transaction and the state of Connecticut. Because the property is located outside of Connecticut, such a connection would include that either the seller or the buyer are Connecticut residents. If both the seller and buyer are out-of-state residents, the notary should not sign the deed/conveyance unless the notary confirms that the signer is physically located in the state of Connecticut at the time of the notarial act. If the signer is not a Connecticut resident and is not located within the state at the time of the notarial act, the transaction would have no connection to Connecticut and therefore a remote notarization would not be appropriate under these circumstances.
Recording Requirements
“Each instrument for record shall have a blank margin, that shall be not less than three-fourths of an inch in width, surrounding each page of the instrument. Each such instrument that is to be recorded in the land records shall have a return address and addressee appearing at the top of the front side of the first page of the instrument. The town clerk shall not refuse to receive an instrument for record that does not conform to any requirement set forth in this subsection, and the fact that the town clerk records an instrument that does not conform to any requirement set forth in this subsection shall not affect its priority or validity” (CGS 7-24[f]).
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