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Last Update:

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November 26, 2024

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1. Applicable Law

   1. Uniform Electronic Transactions Act: Effective January 1, 2004, Vermont adopted the Uniform Electronic Transactions Act (9 VSA Chapter 20), including the provision on notarization and acknowledgment, thereby recognizing the legal validity of electronic signatures used by Notaries (9 VSA 280): “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (9 VSA 280).

   2. Uniform Real Property Electronic Recording Act: Effective July 1, 2022, Vermont adopted the Uniform Real Property Electronic Recording Act, including the provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries on electronic real estate records: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (27 VSA 623[c]).

   3. Revised Uniform Law on Notarial Acts: Vermont has enacted the Revised Uniform Law on Notarial Acts provisions regarding notarizing electronic records. These provisions are summarized below.

   4. Rules: “Neither electronic notarization nor remote online notarization shall be allowed until the Secretary of State has adopted rules and prescribed standards in these areas” (26 VSA 5323[c]). Emergency rules for in-person electronic notarial acts may be found in Emergency Rules for Remote and Electronic Notarial Acts” (adopted March 4, 2024).

2. Tamper-Evident Technology

   1. Definitions

      1. “'Tamper-evident' means that any change to an electronic record after the performance of the notarial act is detectable” (ER 2).

      2. “'Digital Certificate' means the digital certificate obtained from a third party that verifies the identity of the notary public and, after being applied to an electronic record, makes any changes to the electronic record tamper-evident” (ER 2).

   2. RequirementSelection by Notary: “A notary public holding a special commission endorsement pursuant to [VSA] 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 to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected” (26 VSA 5371[a]).

   3. Standards
      “The tamper-evident technology must be capable of
      “a. Affixing or attaching the notary public’s electronic signature to the electronic record in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic record evident; and
      “b. Utilizing a valid digital certificate issued by a third-party provider. A notary public shall not perform a notarial act with respect to an electronic record if the digital certificate:
      “i. has expired;
      “ii. has been revoked or terminated by the issuing or registering authority;
      “iii. is invalid; or
      “iv. is incapable of authentication” (ER 6.2[b]).

3. Technology Systems: For the requirements of technology providers who provide platforms or services for performing notarial acts on electronic records, see “Remote Notarial Acts,” below.

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