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November 26, 2024

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1. Qualifications: “An applicant for a commission as a notary public shall:
   “(1) be at least 18 years of age;
   “(2) be a citizen or permanent legal resident of the United States;
   “(3) be a resident of or have a place of employment or practice in this State;
   “(4) not be disqualified to receive a commission under section 5342 of this chapter; and
   “(5) pass a basic examination approved by the Office based on the statutes, rules, and ethics relevant to notarial acts” (26 VSA 5341[b]).

2. Course: “A notary public applying for renewal shall complete continuing education approved by the Office, which shall not be required to exceed two hours, during the preceding two-year period” (26 VSA 5343[b]).

   1. Course Approval: Courses must be approved by the Office of Professional Regulation unless the course. Courses offered by the American Bar Association, Vermont Bar Association, or any Vermont state government agency are automatically approved (CE 4.3.a). Courses may be synchronous or asynchronous, recorded or live, or in-person or remote, but must include both audio and visual content (CE 4-2).

   2. Course Length: “Commission holders are required to complete one hour of continuing education prior to the first renewal of a Commission after a full, two-year biennial period” (CE 3-3.c).

   3. Exemption: “vb The “The continuing education requirement is not mandatory for an initial renewal of the Commission if the notary public has held the Commission for less than two years. In turn, Commission holders who first obtain a Commission during a two-year biennium period do not need to complete one hour of continuing education before the first renewal of the Commission” (CE 3-3.b[i]).
      “If an initial Commission is issued fewer than 90 days prior to the beginning of a two-year biennial Commission period.
      “i. The Commission holder does not need to renew the Commission at the beginning of that biennial period.
      “ii. The Commission shall be valid through the end of that next two-year biennial period.
      iii. The Commission holder is required to complete one hour of continuing education during that two-year biennial period and show compliance with the continuing education requirements when renewing the Commission at the end of that two-year biennial period” (CE 3-3.c).

   4. Certificate of Completion: “What do I do with my CE certificates of completion? – You are responsible for maintaining your CE certificate of completion records. You will be asked to upload your course completion certificate(s) with your online renewal application. 30 days after the renewal period ends, OPR will conduct a random audit of continuing education. A percentage of licensees are chosen and asked to provide proof of their course completion” (website, “Notary FAQs”).

   5. One Course for Multiple OPR Credentials: “I hold more than one OPR credential. Can one continuing education course count towards multiple credentials? – Yes. As long as the continuing education course is approved and meets the continuing education requirement of each credential” (website, “Notary FAQs”).

3. Exam: Required (26 VSA 5341[b][5]).
   “Will I need to take an examination to become a Notary? – “For applications received prior to February 1, 2021, no examination is required. Initial applicants submitting an application on or after February 1, 2021 will need to pass an examination based on the statutes, rules, and ethics relevant to notarial acts” (website, “Notary FAQs”).

4. Application: The Secretary of State outlines the following steps for submitting a Notary Public application to the Office of Professional Regulation (OPR):
   “1. You will need to create an account (if you have not already) on OPR’s online licensing system or log into an existing account. Click here to access OPR’s online licensing system. Do not create an additional account if you already have one.
   “2. Once logged in, click Apply for Individual License and complete the online application. You will be asked to answer questions within the application and to upload a copy of your signed and notarized Oath of Office. To complete the application, you will need to pay a $30.00 fee with a debit card, credit card or ACH (savings or checking account).
   “3. OPR will notify you by email if there are additional items required for your application. You may check your application status online for more information.
   “4. You will be notified by email once your application is approved. Your commission is available for printing through your online licensing account. (website, “Notary FAQs”).

5. Fee: As indicated above, the fee for applying for a commission is $30.00 (26 VSA 5324[a]).
   “My employer always paid for my notary renewal. How does this work now? – Each applicant needs to create their own account and apply for their own commission. Businesses can provide you the payment details or you can submit your receipt to the business for reimbursement” (website, “Notary FAQs”).

6. Oath: “Before issuance of a commission as a notary public, an applicant for the commission shall execute an oath of office and submit it to the Office” (26 VSA 5341[c]).
   An oath of office form is available for download from the Office of Professional Regulation’s website (website, “Notary Forms & Instructions”). Instructions for properly completing the oath are as follows:
   “1. Print or type your legal name, date of birth and address.
   “2. Take the oath before a duly commissioned Notary Public or Justice of the Peace and sign your legal name.
   “3. Scan and upload the notarized oath document to your Notary Public application at the Office of Professional Regulations online application system. Paper applications are not accepted. Please do not send [the oath of office form] to the Vermont State Archives and Records Administration, OR to the Office of Professional Regulation” (website, “Notary Forms & Instructions).
   “Can I have an out-of-state notary public notarize my official oath form? – OPR recommends that oaths be notarized by a notary public holding a Vermont commission.” (website, “Notary FAQs”).

7. Background Screening: Not required.

8. Non-Residents: Non-residents of Vermont may qualify to obtain a Notary commission if they have a place of employment or practice in Vermont (26 VSA 5341[b][3]).

9. Reappointment: “Biennially, the Office shall provide a renewal notice to each commissioned notary public. Upon receipt of a notary public’s completed renewal, payment of the fee as set forth in section 5324 of this chapter, and evidence of eligibility, the Office shall issue to him or her a new commission” (26 VSA 5343[a]).
   “When will I renew my notary public license? – A notary public commission is now effective on a fixed two-year cycle. In January of odd years, notaries public will need to renew their commissions if they wish to continue to perform notarial acts. The first renewal deadline for notary public commissions will be January 31, 2021. Notaries public who wish to continue to perform notarial acts are then required to renew their commissions every 2 years thereafter” (website, “Notary FAQs”).
   “What happens if I do not renew my license on time? – If you do not complete your renewal by midnight of the day your commission expires, late penalties will apply per 3 V.S.A §127(d)(1). You will receive three (3) courtesy email notifications when it is time to renew. These notifications will be sent to the email address you have provided to OPR. You are required to keep your email address up to date in the online system. It is solely your responsibility to know the date your commission expires and to renew on time if you intend to continue practicing as a notary public” (website, “Notary FAQs”).
   “If your first commission was issued within 90 days of the first renewal expiration date, your license is valid until the next renewal date. Please check the expiration date printed on your license” (website, “Notary Forms & Instructions” and “Notaries Public Renewal Instructions”).
   “Initial licenses issued 91 days or more before the profession’s renewal date will be required to renew the license for the upcoming renewal” (website, “Notary Forms & Instructions” and “90 Day Initial License Policy”).

10. No Immunity or Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this State on public officials or employees” (26 VSA 5341[d]).

11. Exemptions

    1. General Exemptions: “(a) Judiciary- and law enforcement-related employees.
       “(1) Employee exemptions.
       “(A) Judiciary-related.
       “(i) The persons set forth in subdivision (2)(A) of this subsection, when acting within the scope of their official duties, are exempt from all of the requirements of this chapter [26 VSA Chapter 103], including the requirement to pay the fee set forth in section 5324 of this chapter, except for the requirement to apply for a commission as set forth in [26 VSA] section 5341(a), (b)(1)-(3), (c), (d), and (e) of this chapter.
       “(ii) A commission issued to a person under subdivision (A) shall not be considered a license.
       “(B) Law enforcement-related.
       “(i) The persons set forth in subdivision (2)(B) of this subsection, when acting within the scope of their official duties, shall be commissioned as notaries public authorized to perform a notarial act as a matter of law and are exempt from all of the requirements of this chapter, including the requirement to pay the fee set forth in section 5324 of this chapter.
       “(ii) A notarial act that identifies the notary public as a person who is exempt under this subdivision (B) shall establish as a matter of law that the person is commissioned as a notary public for the purpose of acting within the scope of official duties under this subsection.
       “(2) Employees, defined.
       “(A) Judiciary-related. Persons employed by the Judiciary, including judges, Superior Court clerks, court operations managers, Probate registers, case managers, docket clerks, assistant judges, county clerks, and after-hours relief from abuse contract employees.
       “(B) Law enforcement-related. Persons employed as law enforcement officers certified under 20 V.S.A. chapter 151; who are noncertified constables; or who are employed by a Vermont law enforcement agency, the Department of Public Safety, of Fish and Wildlife, of Motor Vehicles, of Liquor and Lottery, of Corrections, or for Children and Families, the Office of the Defender General, the Office of the Attorney General, or a State’s Attorney or Sheriff.
       “(3) Official duties, defined. As used in subdivision (1) of this subsection, “acting within the scope of official duties” means that a person is notarizing a document that:
       “(A) the person believes is related to the execution of the person’s duties and responsibilities of employment or is the type of document that other employees notarize in the course of employment;
       “(B) is useful or of assistance to any person or entity identified in subdivision (2) of this subsection (a);
       “(C) is required, requested, created, used, submitted, or relied upon by any person or entity identified in [26 VSA 5305] subdivision (2) of this subsection (a);
       “(D) is necessary in order to assist in the representation, care, or protection of a person or the State; “(E) is necessary in order to protect the public or property;
       “(F) is necessary to represent or assist crime victims in receiving restitution or other services; “(G) relates to a Vermont or federal court rule or statute governing any criminal, postconviction, mental health, family, juvenile, civil, probate, Judicial Bureau, Environmental Division, or Supreme Court matter; or
       “(H) relates to a matter subject to Title 4, 12, 13, 15, 18, 20, 23, or 33 of the Vermont Statutes Annotated” (26 VSA 5305[a]).

    2. Fee exemption: “The following persons are exempt from the fee set forth in section 5324 of this chapter [26 VSA Chapter 103]:
       “(1) a judge, clerk, or other court staff, as designated by the Court Administrator;
       “(2) State’s Attorneys and their deputies and Assistant Attorneys General, public defenders, and their staff;
       “(3) justices of the peace and town clerks and their assistants; and
       “(4) State Police officers, municipal police officers, fish and game wardens, sheriffs and deputy sheriffs, motor vehicle inspectors, employees of the Department of Corrections, and employees of the Department for Children and Families” (26 VSA 5305[c]).

    3. Attorney Exemptions: “(1) Attorneys licensed and in good standing in this State are exempt from:
       “(A) the examination requirement set forth in [26 VSA] 5341(b) of this chapter; and
       “(B) the continuing education requirement set forth in [26 VSA] 5343 of this chapter.
       “(2) If a complaint of a violation of this chapter is filed in regard to a Vermont licensed attorney, the Office shall refer the complaint to the Professional Responsibility Board and shall request a report back from the Board regarding the final disposition of the complaint” (26 VSA 5305[b]).

    4. Town Clerks and Justices of the Peace Exemptions: “The following persons are exempt from the fee set forth in [26 VSA] 5324 of this chapter:
       “(1)(A) a judge, clerk, or other court staff, as designated by the Court Administrator; A town clerk and his or her assistants may perform notarial acts as notaries public throughout the town clerk’s county, provided that they shall comply with all of the requirements of this chapter, except as provided in subdivision (2) of this subsection.
       “(B) Subject to the provisions of subdivision (A) of this subdivision (1), performing notarial acts as a notary public shall be considered within the scope of the official duties of a town clerk and his or her assistants.
       “(2) Justices of the peace and town clerks and their assistants are exempt from the fee set forth in [26 VSA] 5324 of this chapter” (26 VSA 5305[c]).

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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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Withholding Records

“Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person who seeks performance of a notarial act by the notary public” (26 VSA 5345[f]).

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Sufficiency of Certificate

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