Connecticut - U.S. Notary Reference

Last Updated: October 9, 2024

Notary Jurisdiction

Statewide (CGS 3-94c(a)). Connecticut attorneys may take acknowledgments of any instrument outside Connecticut but within the United States (CGS 1-30) and outside the United States (CGS 1-31).

Notary Term Length

Five years (CGS 3-94c(a)).

Notary Bond

Not required by law.

Notary Seal

Not required.

Notary Journal

Not required.

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Commissioning Official

The Secretary of the State appoints, regulates and maintains records on Connecticut’s Notaries (CGS 3-94b and 3-94m).

Contact Information

1. Address: Office of Secretary of the State
   Legislation and Elections Admin. Division
   Notary Public Unit
   P.O. Box 150470 (30 Trinity St.)
   Hartford, CT 06115-0470

2. Phone: 860-509-6100

3. Website: https://portal.ct.gov/SOTS/Business-Services/Notary/Notary-Public-Licensing

Laws, Rules and Guidelines

1. Laws: Most Notary statutes are in the Connecticut General Statutes (CGS): Title 3, Chapter 33, “Notaries Public”; Title 1, Chapter 6, “Uniform Acknowledgment Act”; Title 1, Chapter 8, “Uniform Recognition of Acknowledgments Act.

2. Guidelines: Other guidelines for Notaries are in the “Notary Public Manual” (NPM) (2023-2) issued by the Secretary of the State and available online.

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Commission Process

1. Qualifications: An applicant for a commission as a Connecticut Notary Public must (CGS 3-94b[b]):
   (a) be at least 18 years old and
   (b) reside or have a principal place of business in Connecticut.
   The Secretary of the State may deny appointment to any person who has been convicted of a felony or other crime involving dishonesty or moral turpitude, who has had a previous Notary commission or professional license revoked, suspended or restricted in Connecticut or another state, or who has engaged in some form of notarial misconduct (NPM).

2. Course: Not required.

3. Exam: Each applicant under oath must pass the written examination incorporated into the application form. All questions must be completed correctly before the applicant may be appointed (NPM).

4. Application

   1. Online Application: The applicant must access the eLicense website (https://www.elicense.ct.gov) to complete and submit the application online.

   2. Certificate of Character: A “Certificate of Character” of a public official or reputable business or professional person who has known the applicant for at least one year and is not legally related to the applicant must be downloaded from the Secretary of the State’s website and completed.

   3. Writing Sample: A “Jurat and Writing Sample,” downloadable from the Secretary of the State’s website, must be completed in the handwriting of the applicant and the jurat must be subscribed and sworn to before a Notary or other person authorized to administer oaths.

   4. Fee: The nonrefundable application fee is $120 (payable by VISA, Mastercard, American Express or Discover credit and debit cards or ACH) and is paid online.

5. Background Screening: Not required.

6. Nonresidents: A resident of another state may become a Notary if the person’s principal place of business is in Connecticut at the time of application and appointment (CGS 3-94b[b][2][B]).

7. Certificate of Appointment and Oath: A “Certificate of Appointment” will be sent to the new Notary.

   1. Filing Requirement: Within 30 days of its receipt, and before performing notarial acts, the Notary must file this Certificate and its oath of office with the clerk of the town in which the Notary resides or, for a nonresident of Connecticut, the clerk of the town in which the Notary’s principal place of business is located (CGS 3-94c[c]).

   2. Oath: While the oath of office on the Certificate may be taken before any oath-administering official (including another Notary), many Notaries find it convenient to take this oath from the town clerk at the same time they record their Certificate. The recording of the oath and appointment will be confirmed by the town clerk on the Certificate.

   3. Fee: The recording fee is $120 (CGS 7-34a[a][1]). (Notaries also have the option of recording their Certificate of Appointment in other towns.)

8. Reappointment

   1. Renewal Time Frame: “A notary public's appointment expires at midnight on the "commission expiration date" that appears on his/her Certificate of Appointment. An individual whose commission has expired is no longer a notary public and cannot perform notarial acts. All notarizations must include the commission expiration date. Accordingly, it is a notary’s responsibility to know when their commission expires and to take steps to renew their commission in the 90 days leading up to the commission expiration date. It is notary public’s responsibility to renew timely, even if they did not receive a renewal reminder from our office” (NPG).
      Once a commission is inactive, the only way to re-activate it is through the reinstatement process. The reinstatement process mirrors the requirements of a new application, and the cost is $120” (NPM).

   2. Notification of Renewal: Not later than 90 days in advance of the expiration date of a Notary’s appointment, the Secretary of the State will send a renewal application to the Notary at the last reported residence address (CGS 3-94d).

   3. Fee: The renewal application fee is $60 (CGS 3-94d).

   4. Certificate of Appointment: When renewing, the Notary will receive a new Certificate of Appointment. The Notary must take a new oath of office and record his or her commission and oath of office with the town clerk.
      “If a notary's commission expires prior to a new certificate having been issued and received, the notary must cease performing notarial acts until he/she has received the new Certificate of Appointment and has taken an oath of office for the new term.

Online Search

Active and inactive Notaries Public may be searched online at the Connecticut Secretary of the State’s website (website, “Notary Search – Search Active and Inactive Notaries Public”). Searches may be made by last name, first name, town and zip code. Results are delivered in a downloadable file in CSV format.

Jurisdiction

1. Notaries Public: “A person appointed as a notary public by the Secretary of the State may exercise the functions of the office of notary public at any place within the state …” (CGS 3-94c[a]).

2. Attorneys: Statewide (CGS 3-94c) and worldwide for attorneys (CGS 1-30, 1-31 and 1-31a).
   “An acknowledgment of any instrument pertaining to real property located in this state or a power of attorney may be made outside the state before an attorney admitted to the bar in this state” (CGS 1-31a).

Term Length

“A person appointed as a notary public by the Secretary of the State may exercise the functions of the office of notary public at any place within the state beginning on the date of such person’s appointment and ending five years later on the last day of the month of appointment, unless (1) such appointment as a notary is suspended or terminated by the Secretary before the end of such term, (2) the notary resigns such appointment, or (3) the notary ceases to either be a resident of the state or have one’s principal place of business in the state” (CGS 3-94c[a]).

Bond

Not required.

Changes of Status

1. Address Change: Within 30 days after a change of residence address (or address of principal place of business, for nonresidents) the Notary must inform the Secretary of the State in writing (CGS 3-94n). Even nonresidents must report a change in residence address, and they of course must report any change of their Connecticut business address. A form for reporting an address change may be downloaded from the website or photocopied from the “Notary Public Manual.” The nonrefundable filing fee is $15.
   If the move is to a new town or city, the Notary must then, within 30 days after issuance of a replacement Certificate of Appointment by the Secretary, record this certificate with the town clerk of the new municipality; but failure to do so will not invalidate any notarial act performed by that Notary.
   “A notary public who ceases to either reside within the state or have one’s principal place of business in the state shall immediately resign as a notary …” (CGS 3-94p[b]).

2. Name Change: The “Notary Public Change of Name Form” available on the website (“Notary Public Forms”) should also be used to update any change of address in connection with the name change. The Notary’s signature on the form must be subscribed and sworn to before another Notary. The form must be emailed to crd@ct.gov. The nonrefundable fee is $15 and will be invoiced by email. Once the fee is paid, the Secretary of the State will email a certificate reflecting the new name.
   “When a notary files a name change with the Office of the Secretary of the State, that change of name becomes effective the date of issuance of a new Certificate of Appointment. A notary, who uses a seal or stamp, will have to obtain a new seal or stamp reflecting the name change” (NPM).

3. Resignation: To resign, a written notice of resignation must be filed with the Secretary of the State, indicating an effective date. The seal must also must be defaced or destroyed to prevent its misuse (NPM).

4. Secretary of the State Notification: Within 30 days after the resignation, revocation or suspension of a Notary’s certificate of appointment, the Secretary of the State must notify all town clerks within the state (CGS 3-94m[c]). The town clerk of any municipality in which such Notary’s certificate of appointment, or a replacement certificate, has been recorded must note the resignation, revocation or suspension, and the effective date thereof on the appropriate municipal record.

5. Death of Notary: “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, and file a signed, written notice, with the secretary of the state, indicating that the notary public has died and the date of death” (CGS 3-94q).

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Authorized Acts

Connecticut Notaries are authorized to perform the following notarial acts (CGS 1-57 and 3-94a):

1. Take acknowledgments and proofs;

2. Execute jurats;

3. Administer oaths and affirmations;

4. Execute a copy certification;

5. Take depositions and issue subpoenas for depositions in civil actions and probate proceedings (CGS 52-148c[a]);

6. Execute protests (CGS 42a-3-505[b]).

Acknowledgments

1. Definitions

   1. Acknowledgment: “‘Acknowledgment’ means a notarial act in which a notary public certifies that a signatory, whose identity is personally known to the notary public or proven on the basis of satisfactory evidence, has admitted, in the notary public’s presence, to having voluntarily signed a document for its stated purpose” (CGS 3-94a[1]).

   2. Acknowledged Before Me: “The words ‘acknowledged before me’ mean: (1) That the person acknowledging appeared before the person taking the acknowledgment; (2) that he acknowledged he executed the instrument; (3) that, in the case of: (A) A natural person, he executed the instrument for the purposes therein stated, (B) a corporation, the officer or agent acknowledged he held the position or title set forth in the instrument and certificate, he signed the instrument on behalf of the corporation by proper authority, and the instrument was the act of the corporation for the purpose therein stated, (C) a partnership, the partner or agent acknowledged he signed the instrument on behalf of the partnership by proper authority and he executed the instrument as the act of the partnership for the purposes therein stated, (D) a person acknowledging as principal by an attorney in fact, he executed the instrument by proper authority as the act of the principal for the purposes therein stated and (E) a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, he signed the instrument by proper authority and he executed the instrument in the capacity and for the purposes therein stated; and (4) that the person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging was the person named in the instrument or certificate” (CGS 1-61).

2. Requirements: “For an acknowledgment to be properly taken, each of the following requirements should be fulfilled. The signer must:
   “(1) personally appear before the notary.
   “(2) acknowledge that he/she signed the instrument in question.
   “(3) state that it is his/her free act and deed” (NPM).
   “It is always preferable for the signer to sign in the presence of the notary. Unlike a Jurat Certificate where the signer MUST sign in the presence of the notary, an acknowledgement may be signed beforehand, however the date of the signature must never be later than the date of the notarization” (NPM).

Jurats

Definition: A jurat is “a notarial act in which a notary public certifies that a signatory, whose identity is personally known to the notary public or proven on the basis of satisfactory evidence, has made, in the notary public’s presence, a voluntary signature and taken an oath or affirmation vouching for the truthfulness of the signed document” (CGS 3-94a[3]).
Jurats are typically, although not exclusively, performed on signed affidavits. “An affidavit is a voluntarily-made written or printed declaration or statement of facts confirmed by an oath or affirmation of the declaring party before an officer having authority to administer such oath or affirmation” (NPM).
“Jurat” also refers to the notarial certificate for an affidavit, which typically has wording that reads, “Subscribed and sworn to before me….” (NPG).

Oaths and Affirmations

1. Definition: “‘Oath’ or ‘affirmation’ means a notarial act or part thereof in which a notary public certifies that a person has made a vow in the presence of the notary public on penalty of perjury. In the case of an oath, the vow shall include reference to a Supreme Being unless an affirmation is administered as provided by section 1-23” (CGS 3-94a[7]).

2. Requirements

   1. Ceremony: “The ceremony to be used, by persons to whom an oath is administered, shall be the holding up of the right hand; but when any person, by reason of scruples of conscience, objects to such ceremony or when the court or authority by whom the oath is to be administered has reason to believe that any other ceremony will be more binding upon the conscience of the witness, such court or authority may permit or require any other ceremony to be used” (CGS 1-22).

   2. Oath Wording

      1. Witness Oath: Oath wording for a witness must be as follows (CGS 1-25): “You solemnly swear or solemnly and sincerely affirm, as the case may be, that the evidence you shall give concerning this case shall be the truth, the whole truth and nothing but the truth; so help you God or upon penalty of perjury.”

      2. Oath Attesting Truthfulness: An oath attesting to the truth of a document may be as follows (NPM): “You do solemnly swear that the statements contained herein are true to the best of your knowledge and belief, so help you God?” (NPM)

      3. Oath of Office: Wording for oaths of office for the following offices and positions is dictated by statute (CGS 1-25): members of the General Assembly, executive and judicial officers; Notaries; voters; attorneys; grand jurors empaneled in court; petit and alternate jurors in criminal cases; jurors and alternate jurors in civil cases; voir dire; interpreters in court, in a criminal case or for a deaf or hearing-impaired juror; assessors; plaintiffs; members and judge-advocate of a court-martial; polling officials.
         If not otherwise dictated by law, the following oath of office may be used (NPM): “You do solemnly swear that you will faithfully discharge, according to law, your duties as to the best of your ability, so help you God?”

   3. Affirmation Wording: “When any person, required to take an oath, from scruples of conscience declines to take it in the usual form or when the court is satisfied that any person called as a witness does not believe in the existence of a Supreme Being, a solemn affirmation may be administered to him in the form of the oath prescribed, except that instead of the word ‘swear’ the words ‘solemnly and sincerely affirm and declare’ shall be used and instead of the words ‘so help you God’ the words ‘upon the pains and penalties of perjury for false statement’ shall be used” (CGS 1-23).

Copy Certifications

1. Authority: Effective October 1, 2012, Connecticut Notaries became empowered by statute (Public Act No. 12-29) to perform copy certifications.

2. Definition: “‘Copy certification’ means a notarial act in which a notary public: (A) Is presented with an original document, (B) copies or supervises the copying of such document using a photographic or electronic copying process, (C) compares the original document presented to the copy, and (D) certifies that the copy is an accurate and complete reproduction of the original document presented, except that a notary public may not complete a copy certification if the original document presented is: (i) A vital record, as defined in section 7-36, (ii) a document that is required to be recorded by an agent or employee of the state or any political subdivision thereof, or (iii) issued by a federal agency and federal law prohibits the copying of such document” (CGS 3-94a[2]).

3. Requirements

   1. Vital Record: A “vital record” is defined in CGS 7-36[4] as a “certificate of birth, death, fetal death or marriage.” “Vital records include a certificate of birth, death, fetal death, or marriage.

   2. Public Records: Public records include documents that are filed with and maintained by a public record keeper such as a town clerk, court clerk, or the Secretary of the State. Copies of public records may only be ‘certified’ when the authority having custody of the records confirms that they are true and accurate copies of the originals. This may also include certain Immigration and Naturalization Service (INS), Internal Revenue Service (IRS), or Department of State documents.
      “If a notary is asked to perform a notarial act in connection with a document that appears to be a public record, the notary should try to determine if the copy would be more appropriately prepared by the public record keeper who has custody of the original” (NPM).

4. Alternative Attestation Procedure: “The notary may also request that the person presenting the document make a photocopy and prepare a written statement, which may be attached to or written on the photocopy itself, stating that it is a true copy of the original … The requesting party signs the statement in the notary’s presence” (NPM).

Depositions and Subpoenas

Officials in the office of the Secretary of the State caution that the Notary’s statutory authority to take depositions and to issue subpoenas under CGS 52-149a through 52-148e is seldom used and should only be exercised by Notaries who have a technical knowledge of the methods and steps to be employed. “The notary can refer a person seeking this service to the clerk of the court in which the action is being heard or to an attorney. Court clerks have the authority to issue subpoenas on behalf of pro se clients” (NPM).

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs (CGS 42a-3-505[b]).

2. Requirements: “[A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (CGS 42a-3-505[b]).

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Personal Appearance

1. 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.

2. 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

1. Notarial Acts

   1. 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).

   2. 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]).

   3. 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]).

      1. Social Security Cards and Birth Certificates: “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).

      2. Credible Witness: “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).

2. Remote Notarial Acts

   1. 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” (CGS 3-95b[a][2]).

   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 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” (CGS 3-95b[b][2]).

Refusal of Services

1. Prohibition: “A notary public shall not unreasonably refuse to perform notarial acts in lawful transactions for any requesting person who tenders payment of the statutory fee” (CGS 3-94f).
   “When is it proper to refuse to perform a notarial act? … As a public official, a notary shall not unreasonably refuse to perform a notarial act for anyone who tenders the statutory fee and meets all other requirements prescribed by statute. However, if the notary seriously questions the identity or competence of the signer, or if the instrument in question is blank, contains a false statement, or is intended to deceive or defraud, the notary may and should refuse to perform the notarial act” (NPM).

2. Discrimination: “This law is primarily aimed at refusal to provide notary services based on an individual's personal characteristics, such as race, national origin, gender, sexual orientation, etc. Refusal to provide notary services on this basis is unlawful” (NPM).

3. Notary-Employees: There are other areas where a notary may reasonably refuse service, such as when the notary exclusively provides notarial services to the notary's employer (and not the general public) or when the notary has been advised that notarizing certain documents exposes the employer to unreasonable legal liability. In all cases, our office will review the reasonableness of a refusal to provide notarial services on a case-by-case basis” (NPM)

Competence

“The notary should always be confident that the individual requesting notarial services is competent. Competence simply means that the individual understands the meaning of his/her actions. The notary should refuse to perform any notarial act for a person who is clearly incompetent. The reason that competence is a core responsibility for a notary to determine goes to the need to determine that a person is signing a document voluntarily. Under the law, a person who is not competent cannot voluntarily sign a document, because he/she does not understand the consequences of his/her actions. If a question of an individual's competence arises, the notary may consult that person's physician or attorney.

“When performing any notarization, you may want to question the signer to determine that the individual is willing and competent to execute the document.

• You may also want to have an impartial witness for the notarization.

• Talk to the person alone. Ask questions unrelated to the notarization. Ask for their name, home address, and telephone number. You could also engage the person in a conversation about family, occupation, a television program, a recent news event, etc.

• Ask the signer to tell you about the document to be notarized. What kind of document do you need to sign? Have you read the document completely? Do you understand the document? Do you need someone to explain the contents of the document to you? Has anyone pressured you to sign this document?

• If you believe the person is not competent at the time, you should refuse to proceed.

• If you keep a record of your notarial acts, document the special circumstances of this notarization - even if you must refuse to notarize.

• Have the witness sign your journal” (NPM).

Notarizing for Minors

“Notaries will occasionally be asked to perform notarial acts for younger persons. Two issues arise in such cases that make these transactions different from the usual notarial act. Frequently, younger persons do not have adequate forms of identification to meet the requirement for satisfactory proof of identification. One means of addressing this obstacle is to recommend that the notarial act be performed by a notary who personally knows the individual. Another option would be to obtain identification through the oath or affirmation of a credible witness.… “

“The second issue is that of competence. The notary must be confident that the younger person understands the nature of the document he/she is signing. It is not the notary's responsibility to determine whether a minor may reasonably execute a document. If that does become an issue, it will be for a judge to determine. However, the notary must determine whether the minor understands what they are signing…” (NPM).

Signature by Mark

“If a person cannot sign his or her name because of a physical handicap or illiteracy a mark can serve as a signature. A mark, usually an ‘X,’ can suffice. Two witnesses in addition to the notary should be present when a person signs by mark. The name of the person who signs by mark should be written near the mark by one of the witnesses. The witnesses should also subscribe their own names to the document as witnesses, and to the notary’s journal” (NPM).

Notary as Witness

“A notary is disqualified from performing a notarial act if the notary is a signatory of the document to be notarized. Persons who only witness the signing of a document are not considered to be signatories and, therefore, may also perform notarial acts in connection with documents they have witnessed” (NPM).

Disqualifying Interest

1. Personal: “A notary public is disqualified from performing a notarial act if the notary is a signatory of the document that is to be notarized.…” (CGS 3-94g).
   “It is impossible for a notary to be a witness to his own act. It is strictly prohibited by Connecticut law” (NPM).

2. Financial or Beneficial Interest: Pursuant to Public Act No. 91-110, effective May 22, 1991, Notaries are no longer disqualified from performing notarial acts in transactions from which they will receive a commission, fee or other consideration that exceeds the value of the statutory Notary fee, or from performing notarial acts for relatives.

3. Relatives: “It is important for the notary to remember that all notarial acts must be performed with impartiality. The Office of the Secretary of the State strongly recommends that notaries exercise great caution when performing notarial acts in transactions where the notary has some beneficial interest, or which involve family members. In certain instances, the notary may choose to voluntarily disqualify him/herself from performing notarial acts in connection with such transactions” (NPM).

4. Certifying Translations: “It is important for notaries to recognize that a notary public has no authority to certify translations. If a notary public has the ability to prepare translations of documents from one language to another, he/she cannot notarize the translation. The accuracy of the translation can be made under oath. However, the oath and notarial certificate must be completed by another notary or by another person authorized to administer oaths. The notary cannot perform both acts in connection with the same document” (NPM).

5. Undue Advice or Influence: “A notary must always remain impartial and cannot advise or influence a person to enter into or refrain from entering into a lawful transaction that involves a notarial act to be performed by the notary” (NPM).

6. Cooperatives: A Notary who is an officer, trustee or member of a cooperative may take acknowledgments of documents in which the cooperative is a party or beneficiary (CGS 33-239).

Unauthorized Practice of Law

All nonattorneys, including Notaries, who are not members in good standing of the Connecticut Bar may not practice law in the state: “Unless a person is providing legal services pursuant to statute or rule of the Superior Court, a person who has not been admitted as an attorney under the provisions of section 51-80 or, having been admitted under section 51-80, has been disqualified from the practice of law due to resignation, disbarment, being placed on inactive status or suspension, shall not: (1) Practice law or appear as an attorney-at-law for another in any court of record in this state, (2) make it a business to practice law or appear as an attorney-at-law for another in any such court, (3) make it a business to solicit employment for an attorney-at-law, (4) hold himself or herself out to the public as being entitled to practice law, (5) assume to be an attorney-at-law, (6) assume, use or advertise the title of lawyer, attorney and counselor-at-law, attorney-at-law, counselor-at-law, attorney, counselor, attorney and counselor, or an equivalent term, in such manner as to convey the impression that he or she is a legal practitioner of law, (7) advertise that he or she, either alone or with others, owns, conducts or maintains a law office, or office or place of business of any kind for the practice of law, or (8) otherwise engage in the practice of law as defined by statute or rule of the Superior Court” (CGS 51-88[a]).

Any violation of this section is a Class D felony.

“Can a notary who is not an attorney assist in the completion of legal forms? – “No. The notary must always remain impartial and should not assist a client in the completion of any forms. If the form is a legal instrument, the notary's assistance could be determined to be unauthorized practice of the law, so a notary should never give any legal advice” (NPM).

Foreign-Language Documents

“On occasion, notaries public will be asked to perform notarial acts in connection with documents prepared in a language that they do not understand. The notary should use his/her best judgment when deciding whether or not to perform a notarial act under these circumstances. If the notary decides to proceed with the notarial act, he/she should at a minimum, be able to determine the nature of the document(s) and if the notary keeps a journal this notarial act should be noted in his/her journal. When performing a notarial act in connection with documents that he/she cannot understand, he/she should only sign a notarial certificate, (the form of acknowledgment or jurat); in a language he/she can read and understand” (NPM).

Immigration Practices

1. Legal Advice: Public Act No. 13-127, effective October 1, 2013, sets the following limitations on the state’s Notaries regarding immigration: “A notary public shall not offer or provide legal advice to any person in immigration matters or represent any person in immigration proceedings unless such notary public (1) has been admitted as an attorney under the provisions of section 51-80 of the general statutes, or (2) is authorized pursuant to 8 CFR 292.2 to practice immigration law or represent persons in immigration proceedings” (CGS 3-95a[a]).

2. ‘Notario Publico’: “A notary public shall not assume, use or advertise the title of notario or notario public, unless such notary public (1) has been admitted as an attorney under the provisions of section 51-80 of the general statutes, or (2) indicates in any advertisement or otherwise provides written notice that such notary public is not licensed as an attorney in this state.
   “Any notary public who violates any provision of … (CGS 3-95a) shall have committed a violation 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 3-95a[b]).

Use of Seal or Title

“A notary public shall not … use the notary’s title or seal in an endorsement or promotional statement for any product, service, contest or other offering” (CGS 3-94h[2]).

Accuracy or Legality of Documents

“Does notarization mean that the document is ‘true’ or ‘legal’? No, notaries are not responsible for the accuracy or legality of documents they notarize. Notaries verify the identity of signers.… The signers are responsible for the content of their documents” (NPM).

Liability

1. Notary Liability: “A notary public shall be liable to any person for all damages proximately caused to that person by the notary’s official misconduct” (CGS 3-94l[a]).

2. Employer Liability: “An employer of a notary shall be liable to any person for any damages proximately caused to that person by the notary’s official misconduct related to the employer’s business, if the employer directed, encouraged, consented to, ratified or approved the notary’s official misconduct, either in the particular transaction or, implicitly, by previous actions in at least one similar transaction” (CGS 3-94l[b]).
   “An employer of a notary shall be liable to the notary for all damages recovered from the notary as a result of official misconduct that was coerced by threat of the employer, if the threat, such as a threat of demotion or dismissal, was made in reference to a particular notarial act, or, implicitly, by the employer’s previous actions in at least one similar transaction. The employer shall also be liable to the notary for damages caused to the notary by demotion, dismissal or other action resulting from the notary’s refusal to commit official misconduct” (CGS 3-94l[c]).

In-Person Electronic Notarial Acts

Applicable Law

1. Uniform Electronic Transactions Act: Connecticut has adopted the Uniform Electronic Transactions Act (Public Act No. 02-68, effective October 1, 2002), including the following provision on notarization and acknowledgment, thereby recognizing the legal validity of electronic signatures used by Notaries: “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 such 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” (CGS 1-276).

2. Uniform Real Property Electronic Recording Act: Connecticut has adopted the Uniform Real Property Electronic Recording Act through enactment of Public Act 08-56 — effective October 1, 2009 — including the following provision related to the Notary’s seal: “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” (CGS 7-35cc[c]).

3. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

Remote Notarial Acts

1. Applicable law: Public Act No. 23-28 provides the authorization for Connecticut Notaries Public to perform notarial acts for remotely located individuals. The provisions of this Act are summarized below.

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

3. 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” (CGS 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]).

4. 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” (CGS 3-95b[c]).

5. 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” (CGS 3-95b[d]).

6. 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” (CGS 3-95b[e]).

7. 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” (CGS 3-95b[f]).

8. Prohibited Records: The following records are prohibited from being acknowledged remotely (CGS 3-95b[i]).

   1. A will, codicil, trust or trust instrument

   2. A health care instructions pursuant to CGS 19a-575a,

   3. A designation of a standby guardian pursuant to CGS 45a-624,

   4. A designation of a person for decision-making and certain rights and obligations pursuant to CGS 1-56r,

   5. A living will, as defined in CGS 19a-570,

   6. A power of attorney, as defined in CGS 1-350a,

   7. A self-proving affidavit for an appointment of health care representative or for a living will under CGS 1-56r and 19a-578,

   8. A mutual distribution agreement under CGS 45a-433,

   9. An agreement as to the division of an estate under CGS 45a-434,

   10. A disclaimer under CGS 45a-479 or 45a-583, and

   11. A real estate closing, as defined in CGS 51-88a.
       “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” (CGS 3-95b[i]).

9. 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).

10. 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” (CGS 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).

“How many witnesses are there to a deed?… Usually two; however, a notary should not be advising on the form of a deed. This should be done in conjunction with an attorney. In a land conveyance, the notary’s job is to ensure proper acknowledgement of the conveyance documents. It is for an attorney to determine the proper procedures to legally transfer title of property from one party to another” (NPM).

Wills

“A notary should only perform a notarial act in connection with a will if the instrument specifically provides for such act” (NPM).

“If a notary is uncertain as to how to perform a notarial act in connection with a will, the notary should seek the advice of an attorney or refuse to perform the notarial act. A notary public is not trained or authorized to assist persons in the execution of wills. If the testator asks the notary for assistance, the notary should refer that person to an attorney. The notary should be particularly cautious with regard to holographic, or ‘handwritten’ wills” (NPM).

Living Wills

“Notaries may also be asked to take acknowledgments in connection with ‘Living Wills.’ These documents are not wills, but rather an expression of an individual's wishes concerning any aspect of his/her health care. Notaries may take acknowledgments in connection with these documents using the usual procedures for that notarial act …” (NPM).

Displaying Certificate of Appointment

“The certificate (of appointment) is evidence of the public office that the notary holds and should be kept in a safe place. We recommend that notaries display their certificates where they perform their notarial duties” (NPM).

Intent to Deceive

“A notary public shall not … perform any official action with intent to deceive or defraud…” (CGS 3-94h[1]).

Certifying Corporate Facts

“Notaries in some foreign countries are empowered to prepare certificates stating facts about corporations. These certificates often confirm that a corporation exists, that certain individuals have been duly elected as officers, and that the notary’s review of the corporate by-laws confirms that the corporation is authorized to act in certain transactions.

“Connecticut notaries have no authority to certify corporate facts. The usual procedure in the United States is for the president, secretary, or another officer of a corporation to certify the accuracy of corporate information, including the incumbency of officers. That certificate can then be acknowledged or sworn to before a Connecticut notary public” (NPM).

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Certificate Defined

“‘Notarial certificate’ or ‘certificate’ means the part of, or attachment to, a notarized document to be completed and signed by the notary public” (CGS 3-94a[5]).

Acceptable Acknowledgment Certificate

“The form of a certificate of acknowledgment used by a person whose authority is recognized under [CGS] section 1-57 shall be accepted in this state if: (1) The certificate is in a form prescribed by the laws or regulations of this state; (2) the certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken; or 3) the certificate contains the words ‘acknowledged before me,’ or their substantial equivalent” (CGS 1-60).

Certificate Forms

Connecticut has adopted the Uniform Acknowledgment Act, including the Act’s certificate forms (CGS 1-34). Connecticut has also adopted the Uniform Recognition of Acknowledgments Act, including the Act’s short-form certificates (CGS 1-62). These certificate forms and others authorized by the Secretary of the State appear below.

The Notary’s commission expiration date and the words “Notary Public” must be added to each of the above certificates, as required by law.

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).

Remote Notarial Certificate

Should I use a different acknowledgement block if I’m conducting a remote notarization? – Yes, the acknowledgement block (aka the notarial certificate) must indicate that the signer appeared by means of communication technology, rather than in-person. Where the standard acknowledgement says “personally appeared” the following should substituted, “appeared by means of communication technology.” We also suggest that the block identify the means of communication technology (e.g., via Zoom)” (NPM).

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Seal Requirement

1. 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).

2. 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).

3. 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

1. 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.”

2. Size/Shape: Not specified by law, though a circular embossment is traditional.

3. Components:

   1. Notary’s name exactly as it appears on certificate of appointment;

   2. “Notary Public”;

   3. “Connecticut”;

   4. 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 (shaded) which are allowed by Connecticut law. Formats other than these may also be permitted. The embosser is most common.

Open

Traditional Seals

Open

Electronic Seal

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[b]).

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[b]).

“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

1. 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).

2. Signature Stamp: “The notary cannot use a signature stamp in place of his/her signature” (NPM).

3. Delegate Signing: “[N]o other person can sign on behalf of the notary” (NPM).

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Records Requirement

1. Journal

   1. Notarial Acts: Not required.

   2. In-Person Electronic Notarial Acts: Not required.

   3. Remote Notarial Acts: Not required.

2. 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

1. 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).

2. 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):

1. Date and time of the notarial act;

2. Nature or type of notarial act performed;

3. Description of the document or proceeding;

4. Signature, printed name and address of each person for whom a notarial act is performed;

5. Method by which a person’s identity has been determined;

6. Fee, if any charged; and

7. Place where the notarial act was performed.

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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).

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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).

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” (NPM).

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]).

Conveyances: “All conveyances of land shall be: (1) In writing; (2) if the grantor is a natural person, subscribed, with or without a seal, by the grantor with his own hand or with his mark with his name annexed to it or by his agent authorized for that purpose by a power executed, acknowledged and witnessed in the manner provided for conveyances or, if the grantor is a corporation, limited liability company or partnership, subscribed by a duly authorized person; (3) acknowledged by the grantor, his agent or such duly authorized person (A) to be his free act and deed, or (B) in any manner permitted under chapter 6 or chapter 8; and (4) attested to by two witnesses with their own hands” (CGS 47-5).

“No conveyance shall be effectual to hold any land against any other person but the grantor and his heirs, unless recorded on the records of the town in which the land lies. When a conveyance is executed by a power of attorney, the power of attorney shall be recorded with the deed, unless it has already been recorded in the records of the town in which the land lies and reference to the power of attorney is made in the deed” (CGS 47-10).

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Notarial Acts in Connecticut

1. Acknowledgments: “The acknowledgment of any instrument may be made in this state before: (1) A judge of a court of record or a family support magistrate; (2) a clerk or deputy clerk of a court having a seal; (3) a town clerk; (4) a notary public; (5) a justice of the peace; or (6) an attorney admitted to the bar of this state” (CGS 1-29).
   “If the acknowledgment in a conveyance of real estate is made in this state, it may be made before a judge of a court of record of this state or of the United States, a clerk of the Superior Court, a justice of the peace, a commissioner of the Superior Court, a notary public, either with or without his official seal, a town clerk or an assistant town clerk …” (CGS 47-5a)

2. Police Notaries: State police majors, captains, lieutenants and sergeants may be appointed as Notaries Public by the Secretary of State without a fee. These law enforcement officers who are Notaries may only notarize for police matters, using the state police seal as the notarial seal and not charging for their acts (CGS 3-94e). They must resign their commissions upon terminating employment with the police.

Notarial Acts in U.S. State or Jurisdiction

1. Recognition: “Notarial acts may be performed outside this state for use in this state with the same effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws and regulations of this state: (1) A notary public authorized to perform notarial acts in the place in which the act is performed; (2) a judge, clerk, or deputy clerk of any court of record in the place in which the notarial act is performed; (3) an officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed; (4) a commissioned officer in active service with the armed forces of the United States and any other person authorized by regulation of the armed forces to perform notarial acts if the notarial act is performed for one of the following or his dependents: A merchant seaman of the United States, a member of the armed forces of the United States, or any other person serving with or accompanying the armed forces of the United States; or (5) any other person authorized to perform notarial acts in the place in which the act is performed” (CGS 1-57).

2. Proof of Authority: “If the notarial act is performed by any of the persons described in subdivisions (1) to (4), inclusive, of [CGS] section 1-57, other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank or title and serial number, if any, of the person are sufficient proof of the authority of a holder of that rank or title to perform the act. Further proof of his authority is not required” (CGS 1-58[a]).

3. Prima Facie Evidence: “The signature and title of the person performing the act are prima facie evidence that he is a person with the designated title and that the signature is genuine” (CGS 1-58[d]).

4. Acknowledgments: “The acknowledgment of any instrument may be made without the state but within the United States or a territory or insular possession of the United States and within the jurisdiction of the officer, before: (1) A clerk or deputy clerk of any federal court; (2) a clerk or deputy clerk of any court of record of any state or other jurisdiction; (3) a notary public; (4) a commissioner of deeds; (5) any person authorized by the laws of such other jurisdiction to take acknowledgments; (6) any attorney admitted to the bar in this state as provided in [CGS] section 1-31a” (CGS 1-30).
   “(a) Notwithstanding any provision in this chapter, the acknowledgment of any instrument without this state in compliance with the manner and form prescribed by the laws of the place of its execution, if in a state, a territory or insular possession of the United States, or in the District of Columbia, verified by the official seal of the officer before whom it is acknowledged, and authenticated in the manner provided by subsection (2) of section 1-36, shall have the same effect as an acknowledgment in the manner and form prescribed by the laws of this state for instruments executed within the state.
   “(b) The provisions of this section shall not apply to any acknowledgment made by a remotely located individual, as defined in section 1 of this act, in the conduct of a real estate closing, as defined in section 51-88a” (CGS 1-37).
   “[I]f [the acknowledgment in a conveyance of real estate is made] in any other state or territory of the United States, [it may be made] before a commissioner residing in such other state or territory appointed by the Governor of Connecticut, or an officer authorized to take the acknowledgment of deeds in such state or territory …” (CGS 47-5a)

5. Real Property Acknowledgments by Attorney: “An acknowledgment of any instrument pertaining to real property located in this state or a power of attorney may be made outside the state before an attorney admitted to the bar in this state. The provisions of this section shall not apply to any acknowledgment made by a remotely located individual, as defined in section 1 of this act, in the conduct of a real estate closing, as defined in section 51-88a.” (CGS 1-31a).

Notarial Acts in Foreign Country

1. Recognition: See “Notarial Acts in U.S. State or Jurisdiction,” above for a list of officers authorized to perform notarial acts in a foreign country for use in Connecticut.

2. Proof of Authority: “If the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if: (1) A foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the foreign country resident in the United States certifies that a person holding that office is authorized to perform the act; or (2) the official seal of the person performing the notarial act is affixed to the document; or (3) the title and indication of authority to perform notarial acts of the person appears either in a digest of foreign law or in a list customarily used as a source of such information” (CGS 1-58[b]).
   “The signature and title of the person performing the act are prima facie evidence that he is a person with the designated title and that the signature is genuine” (CGS 1-58[d]).

3. Acknowledgments: “The acknowledgment of any instrument may be made without the United States before: (1) An ambassador, minister, charge d'affaires, counselor to or secretary of a legation, consul general, consul, vice-consul, commercial attache, or consular agent of the United States accredited to the country where the acknowledgment is made; (2) a notary public of the country where the acknowledgment is made; (3) a judge or clerk of a court of record of the country where the acknowledgment is made; (4) any attorney admitted to the bar in this state as provided in section 1-31a” (CGS 1-31).
   “[I]f [the acknowledgment in a conveyance of real estate is made] in a foreign country, [it may be made] before any ambassador, minister, charge d’affaires, consul, vice-consul, deputy-consul, consul-general, vice-consul-general, deputy-consul-general, consular-agent, vice-consular-agent, commercial agent or vice-commercial agent of the United States, representing or acting as agent of the United States in such foreign country, or before any notary public or justice of the peace, or before any other public officer, in such foreign country, before whom oaths or acknowledgments may be given; but no officer shall have power to take such acknowledgment, except within the territorial limits in which he may perform the duties of his office” (CGS 47-5a).

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Town Clerk

Locally, authenticating certificates for a Notary may be obtained at the office of the town clerk where the Notary has filed a certificate of appointment and oath of office (CGS 7-33a); authenticating certificates for justices of the peace and superior court commissioners are also available from the town clerk. For a given Notary, an authenticating certificate may be available at more than one town clerk office: if the Notary has a principal place of business in other than the town of residence, the Notary may also file an appointment and oath with the clerk in that other town (CGS 3-94c).

Fee: $2 (CGS 7-34a[a][1]).

Secretary of the State

Authenticating certificates for Connecticut Notaries, including apostilles, are also issued by the Secretary of the State’s office.

1. Mail Address
   Authentications and Apostilles
   Office of Secretary of the State
   P.O. Box 150470
   Hartford, CT 06115–0470

2. Faster Delivery (FedEx, UPS, DHL)
   Authentications and Apostilles
   Office of the Secretary of the State
   165 Capitol Avenue, Suite 1000
   Hartford, CT 06106

3. Hand Delivery
   Authentications and Apostilles
   Office of the Secretary of the State
   165 Capitol Avenue, Suite 1000
   Hartford, CT 06106

4. Phone: 860-509-6100

5. Procedure

   1. Mail or In-Person Requests: Mail or present in person the original notarized document(s) and the appropriate fee.

   2. Authentication/Apostille Order Form: Customers may complete the “Authentication/Apostille Order Form” — available on the Secretary’s website — that includes the following information: name; company name (if applicable); street address; city; state; zip code; daytime telephone number; and country in which the document(s) will be used.

   3. Fee

      1. Standard Fee: $40 per certificate, covering either an authenticating certificate for the Notary, an apostille, or an authenticating certificate for the town clerk.

      2. Adoptions: For documents used in connection with adoptions, however, the fee is only $15 per certificate.

      3. Expedited Service: For expedited (within 24 hours) service, $90 per document (Authentication/Apostille Order Form). Personal checks payable to the “Secretary of the State”, VISA, MasterCard, Discover, and American Express are also accepted forms of payment. A credit card form is available for download from the Secretary’s website.

   4. Delivery: All orders will be returned by first class mail, unless the customer provides for an alternative prepaid delivery service label (website, “Authentication/Apostille Order Form”).

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