New Hampshire - U.S. Notary Reference
Last Update: April 17, 2025
QUICK FACTS
Notary Jurisdiction
Statewide (RSA 456:B:3.I[a]).
Notary Term Length
Five years (RSA 455:1), expiring at midnight on the commission expiration date.
Notary Bond
Not required.
Notary Seal
Required (RSA 455:3.II).
Notary Journal
Required only for notarial acts for remotely located individuals (RSA 456-B:8-c.I).
ADMINISTRATION AND RULES
Commissioning Official
While New Hampshire’s Governor, “with the advice and consent of the executive council,” appoints the state’s Notaries (RSA 455:1), it is the Secretary of State who directly regulates and maintains records on them.
Contact Information
Address: Office of Secretary of State
State House, Room 204
107 North Main Street
Concord, NH 03301Phone: 603-271-3242
Website: https://sos.nh.gov/administration/administration/notary-public
Laws, Rules and Guidelines
Laws
New Hampshire Revised Statutes Annotated: Most Notary statutes are in the New Hampshire Revised Statutes Annotated (RSA), Title 42, Chapter 455, “Notaries Public and Commissioners” and Chapter 456-B, “Uniform Law on Notarial Acts.”
Citations: Citations to the Statutes in this chapter follow this convention: RSA, chapter followed by a colon, section, and any paragraph or subparagraph within the section, if applicable, separated by periods and/or brackets. Example: RSA 456-B:6-a.III[a].
Guidelines: Other guidelines for Notaries are in the “Notary Public and Justice of the Peace Manual” (NPJPM) (revised February 2022), jointly issued by the Office of the Attorney General and the Department of State, pursuant to RSA 455:17, and available both in print and online.
COMMISSION AND APPOINTMENT
Commission Process
Qualifications: An applicant for a commission as a New Hampshire Notary must (RSA 455:2):
(a) be at least 18 years old,
(b) be a New Hampshire resident (but see “Non-Residents,” below for applicants of an abutting state) and
(c) “sign a written statement under oath as to whether he/she has ever been convicted of a crime that has not been annulled by a court, other than minor traffic violations” (website, “Notary Public”); and
(d) be endorsed by two New Hampshire Notaries in good standing and a person registered to vote in the state. “The endorsement by two New Hampshire Notaries Public and a person registered to vote requires more than just the endorsers’ signatures on the application. It requires that the endorser actually give his or her approval and support to the applicant. Such approval requires that the endorser, at a minimum, personally know the applicant and believe that he or she is of a character consistent with the honesty and integrity required of a Notary Public (NPJPM).Course: Not required.
Exam: Not required.
Application
Paper Filing: The application forms may be requested from the Secretary of State’s office by mail, phone or e-mail, or they may be downloaded from the Secretary’s website.
Endorsements: The application must be submitted with three signed endorsements.
Acknowledgement of Criminal Record Check: The separate “Acknowledgement of Criminal Record Check” is required and will be used to check the New Hampshire State Police database for any criminal convictions. It should be kept in mind that any person who negligently or recklessly makes a material false statement on the application form is subject to a civil penalty of up to $1,000 per violation (RSA 455:16.I[a]).
Fee: $75 payable to “Treasurer, State of New Hampshire.”
Notarization: The application must be signed in the presence of a Notary (not the applicant) or a justice of the peace.
Review Process
Background Check: The Secretary of State will use the Acknowledgement of Criminal Record Check to check the N.H. State Police database to see if the applicant has a record of criminal convictions.
Governor and Executive Council: The application will be submitted to the Governor and Executive Council for nomination. After nomination, the application will be submitted to the Governor and Executive Council for appointment.
Appointment: Within a week of your appointment, the applicant will receive a commission, oath, Notary Public and Justice of the Peace Manual, and other information from the Secretary of State’s Office.
Oath: The applicant must take the oath of office (see “Oath of Office,” below).
Processing Time: 8-10 weeks (website, “Notary Public”).
Background Check: Required.
“The applicant shall sign a written statement under oath as to whether the applicant has ever been convicted of a crime that has not been annulled by a court, other than minor traffic violations” (RSA 455:2).
“By completing this form, you acknowledge that because you have applied for appointment as a Justice of the Peace or Notary Public, the Secretary of State’s Office, on behalf of the Executive Council, will check to see if you have a record of criminal convictions. If that record shows a conviction, that information shall be disclosed to the Executive Council. The criminal history record information is obtained as authorized by RSA 106-B:14, I(c)(1)” (website, “Notary Public Application”).
“The Secretary of State will use the Acknowledgement of Criminal Record Check to check N.H. State Police database to see if you have a record of criminal convictions.” (Website).Oath of Office: A newly appointed Notary will be mailed the new commission along with the oath of office, an index card and other pertinent information. The oath or affirmation of office must be signed and taken before either two Notaries Public or two justices of the peace or one Notary and one justice of the peace — each of whom must sign both the oath form and the Notary’s commission. (Alternately, two members of the Governor’s Executive Council may perform the oath administration, or one member of the Council and one justice of the peace.) The new Notary must then keep the signed commission and return the oath form as soon as possible to the Secretary of State. After the oath of office is taken, the Notary fills out the index card (i.e., name, address, date of oath of office, and signature) and mails it to the clerk of the Superior Court of the county in which the Notary resides. A Notary may not notarize until the oath of office has been taken (RSA 92:2).
Non-Residents
Abutting State: “Any person applying to be a notary public shall be … a resident of an abutting state who is regularly employed or carries on a trade, business, or practice in this state at the time of applying. A resident of an abutting state may be commissioned as a notary public in New Hampshire provided that the individual submits to the secretary of state: the notary application fee required under RSA 5:10 and an affidavit stating that the individual (i) is a resident of an abutting state, (ii) is a registered notary in such state, and (iii) is regularly employed or carries on a trade, business, or practice in New Hampshire” (RSA 455:2).
States abutting to New Hampshire are Maine, Massachusetts and Vermont.Non-Resident Application: Nonresident applicants must complete a separate application form for nonresidents of Maine, Massachusetts and Vermont, and complete an “Affidavit of Employment,” and “Acknowledgement of Criminal Record Check” (for state of New Hampshire criminal convictions) and a criminal history record completed by the Department of Safety in the home state.
Reappointment: “The renewal process is the same as the process you completed for your initial commission. A renewal application will be mailed to you approximately 12 weeks prior to the date your current commission is due to expire. Renewal applications ARE NOT available on-line. If you move during the 5 years of your commission (or change your name) and do not notify the Secretary of State’s Office, your renewal form will not reach you” (website, “Notary Public”).
Notification to Perform In-Person Electronic and Remote Notarial Acts
In-Person Electronic Notarial Acts: “Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the secretary of state has established standards for approval of technology, the technology shall conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology” (RSA 456-B:8-b.II).
“The notarial officer shall notify the Secretary of State that the notarial officer intends to perform notarial acts with respect to electronic records. The notarial officer must inform the Secretary of State which technology the notarial officer intends to use, including the provider of the X.509 (or similar industry-standard) digital certificate. The Secretary of State created a notification form, which the notary public must submit to the Secretary of State prior to performing any electronic notarizations. The registration form can be found on the Secretary of State’s website in the Administration section under Notary Public” (NPJPM).Remote Notarial Acts: “Before a notary public performs the notary public’s initial notarial act under this section, the notary public must notify the secretary of state that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the secretary of state has established standards under paragraph VIII and RSA 456-B:8-b, IV, for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards” (RSA 456-B:6-a.VII).
Online Search
Not available.
Jurisdiction
“A notarial act may be performed within this state by the following persons…[a] notary public of this state” (RSA 456:B:3.I[a]).
Term Length
“Notaries public shall be appointed by the governor, with advice and consent of the executive council, and shall be commissioned for 5 years” (RSA 455:1).
Bond
Not required.
Changes of Status
Name Change: “A Notary Public should notify the Secretary of State’s office any time his or her name changes during a commission. When notifying the Secretary of State, the Notary Public must include his or her former name and new name…. In addition, a Notary Public should request a new commission reflecting his or her new name. The fee for a new commission is five dollars payable by cash or check to the Secretary of State’s Office” (NPJPM).
“If the Notary Public is within six months of the end of his or her five-year commission, the Secretary of State’s office practice is to permit the Notary Public to continue to sign official documents using both the old and new names rather than requesting a new commission. For example, if Jane Smith’s name changes to Jane Jones she could sign as Jane (Smith) Jones.” (NPJPM).Address Change: “A Notary Public should notify the Secretary of State’s office of an address change during his or her five-year commission. Failure to notify the Secretary of State’s office will result in the Notary Public not receiving an application for reappointment” (NPJPM).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: New Hampshire Notaries are authorized to perform the following notarial acts (RSA 455:3.I and 456-B:1.I):
Take acknowledgments;
Administer oaths and affirmations;
Take verifications upon oath or affirmation (jurats);
Witness or attest signatures;
Certify or attest copies;
Take depositions (RSA 517:2);
Note protests of negotiable instruments (RSA 455:4 and 382-A:3-505[b]):
Observe opening of safe deposit box for which rent has not been paid (NPJPM).
In-Person Electronic and Remote Notarial Acts: New Hampshire Notaries who have notified the Secretary of State that they will be performing technology-based notarial acts may perform the notarial acts listed above electronically and remotely.
Acknowledgments
Definitions
Acknowledgment: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purposes stated therein and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified therein” (RSA 456-B:1.II).
“An acknowledgment is a declaration in front of a Notary Public (or other authorized official) that the person has signed a document for the purposes stated in the document. The purpose of an acknowledgement is for the Notary to confirm that the person making the acknowledgement is the person whose signature is on the document” (NPJPM).In a Representative Capacity: “'In a representative capacity' means acting as:
“(a) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
“(b) A public officer, personal representative, guardian, or other representative, in the capacity recited in the instrument;
“(c) An agent or attorney in fact for a principal; or
“(d) In any other capacity as an authorized representative of another” (RSA 456-B:1.IV).
“When a person makes an acknowledgement in a representative capacity, the person is declaring that he or she signed the instrument with proper authority, and executed it as the act of the person or entity represented and identified in the document… The Notary is certifying that the person represented him or herself to the Notary as having authority to act in the representative capacity. The Notary does not have a duty to determine if the person in fact and law does have authority to represent the other person or entity” (NPJPM).
Requirements
Identity of Principal: “In taking an acknowledgment, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the individual appearing before the officer and making the acknowledgment has the identity claimed…” (RSA 456-B:2.I).
Signature of Principal: “In taking an acknowledgment, the notarial officer must determine … that the signature on the instrument is the signature of the individual” (RSA 456-B:2.I).
Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (RSA 456-B:1.II):
Signature: The individual must acknowledge that “the individual signed a record for the purpose stated in the record….”
Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.”
“The Notary Public should request the signer to raise his or her right hand and ask, ‘Do you swear and acknowledge that the signing of this document is your voluntary act and deed?’ The signer must give an affirmative response before the Notary Public can complete the certification” (NPJPM).
Oaths and Affirmations
Definitions
Oath: “An oath is ‘a solemn declaration, accompanied by a swearing to God or a revered person or thing, that one’s statement is true or that one will be bound to a promise’” (NPJPM).
Affirmation: “An affirmation is 'a solemn pledge equivalent to an oath but without reference to a supreme being or to 'swearing’” (NPJPM).
Requirements
Purpose: “The purpose of an oath or affirmation is simply ‘to ensure that the affiant consciously recognizes his [or her] legal obligation to tell the truth.’ Therefore, no particular ceremony is necessary other than that the declarant hold up his or her right hand. The affiant must just 'know [ ] that his [or her] statement is sworn and given under oath in the presence of an oathtaker'“ (NPJPM)
Ceremony: “RSA 516:19 allows that ‘any other form or ceremony may be used which the person to whom the oath is administered professes to believe more binding upon the conscience.’ It is important to note that a notary must accommodate any person who, due to disability, cannot hold up his or her right hand, and may use any reasonable means of ensuring the person taking the oath understands the seriousness of the act” (NPJPM).
Examples: The language generally used for swearing in a witness or signer under oath or affirmation in New Hampshire is as follows (NPJPM):
Oath: “Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God?”
Affirmation: “Please raise your right hand. Do you under the pains and penalties of perjury, affirm to tell the truth, the whole truth and nothing but the truth?”
Official Oaths
Officials and Oath-Administering Officers: “Official oaths may be administered as follows … to all military officers above the rank of field officers, and to all other officers appointed by the governor and council, by any 2 members of the council, or by any member of the council with a justice of the peace, or by any 2 justices of the peace or by any justice of the peace with any notary public, or by any 2 notaries public….” (RSA 92:5).
Form of Oath: “The New Hampshire Constitution prescribes the oath a public official must take:
“‘[I], A.B. do solemnly swear, that I will bear faith and true allegiance to the United States of America and the state of New Hampshire, and will support the constitution thereof. So help me God.
‘I, A.B. do solemnly and sincerely swear and affirm that I will faithfully and impartially discharge and perform all duties incumbent on me as ................................................., according to the best of my abilities, agreeably to the rules and regulations of this constitution and laws of the state of New Hampshire. So help me God.’
“The name of the person taking the oath is substituted for ‘A.B.’ above and the office the person will perform is inserted in the blank. If a person does not wish to swear, the notary may substitute ‘affirm’ for ‘swear, ’ and the words ‘[t]his you do under the pains and penalties of perjury,’ for ‘[s]o help you God.’ Such affirmation shall, for all purposes, be and constitute an oath” (NPJPM).
Ceremony: “No other ceremony shall be deemed necessary, in swearing, than holding up the right hand” (RSA 92:4).
Verifications
Definition: “‘Verification upon oath or affirmation’ means a declaration that a statement is true made by an individual upon oath or affirmation” (RSA 456-B:1.III).
“A verification upon oath or affirmation is a declaration under oath or affirmation in front of a Notary Public (or other authorized official) that a written statement is true. A Notary Public’s certification of that verification upon oath or affirmation is referred to as a jurat. A jurat is required anytime a person must swear to the truth of the contents of a document, such as for an affidavit and certain court documents. In executing a jurat, a Notary is confirming that the person appeared before the Notary, took an oath or affirmation attesting to the truthfulness of the document, and signed the document in the Notary's presence” (NPJPM).Requirements
Identity of Principal: “In taking a verification upon oath or affirmation, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the individual appearing before the officer and making the verification has the identity claimed….” (RSA 456-B:2.II).
Signature of Principal: “In taking a verification upon oath or affirmation, the notarial officer must determine … that the signature on the statement verified is the signature of the individual” (RSA 456-B:2.II).
Oath/Affirmation: The certificate of notarial act for a verification on oath or affirmation reads: “Signed and sworn to (or affirmed) before me on ______(date) by __________(name[s] of person[s] making statement)” (RSA 456-B:8.III). The notarial officer must witness the principal execute their signature.
“An example of the wording that a Notary Public may use in taking a verification upon oath or affirmation is ‘Do you solemnly swear that the contents of this [name of document] signed by you are true and correct, so help you God?’ or ‘Do you swear and affirm that the contents of this [name of document] signed by you are true and correct?’” (NPJPM).
Signature Witnessings or Attestations
Description: “Witnessing a signature is also referred to as attesting a signature…. The Notary’s certification provides evidence that the document was actually signed on the date of the certification. This is different from an acknowledgement, which may have been signed on a date prior to the person appearing before the Notary to acknowledge the signature” (NPJPM).
Requirements
Identity of Principal: “In witnessing or attesting a signature the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the individual appearing before the officer and signing the record has the identity claimed” (RSA 456-B:2.III).
Witness Signature: The certificate of notarial act for a signature witnessing reads: “Signed or attested before me on (date) by (name(s) of person(s))” (RSA 456-B:8.IV). The notarial officer must witness the principal execute their signature.
Copy Certifications
Definition: “Certifying a copy, also referred to as attesting a copy, is a notarial act in which a Notary Public, or other authorized official, certifies that a photocopy, or other type of copy, of a document is a true and accurate reproduction of the original document” (NPJPM).
Requirements
Full, True, and Accurate: “In certifying or attesting a copy of a document or other item, the notarial officer must determine that the proffered copy is a full, true, and accurate transcription or reproduction of that which was copied” (RSA 456-B:2 IV)” (NPJPM).
Steps: “To have a copy of a document certified, a person must appear before the Notary Public with the original document. The person may bring the copy to be certified, or make a copy in the Notary’s presence. In either case, the Notary must check the entire copy to be sure it is a full, true, and accurate reproduction of the original. Once the Notary has determined that the copy is accurate, the Notary can certify that the document is a true and accurate reproduction of the original. The Notary must use the copy certification jurat, it is not sufficient for the Notary Public simply to sign his or her name on the copy” (NPJPM).
Lengthy Documents: “As a practical matter, for long or complex documents, it will typically be necessary for the copy to be made in the presence of the Notary using equipment the Notary reasonably believes makes accurate copies. Otherwise, it would be necessary to make a word for word comparison of the original to the copy before a Notary could certify that it is a true copy. Even where the Notary makes or personally witnesses a copy being made by standard copying equipment, the Notary should conduct a visual page-by-page comparison and inspection of each page to ensure that the copy is complete and accurate” (NPJPM).
“Item” Copy Certifications: “In addition to document copy certification, the law on copy certification refers to the certifying or attesting a copy of ‘other’ items. Examples of other items that could be copy certified include maps, diagrams, graphs, etc.” (NPJPM).
“When copy certifying any item, the notarial officer must still determine that the copy is a full, true, and accurate transcription or reproduction. If the notary is unable to be certain that the copy is exactly the same as the original, he or she should refuse to make the certification. The National Notary Association recommends limiting copy certification of ‘other items’ to those objects that may readily be photocopied” (NPJPM).Prohibited Copy Certifications: Documents that may not be copy-certified by a Notary are (NPJPM):
(a) Vital records (pertaining to birth, adoption, death, fetal death, marriage, divorce, legal separation and civil annulments).
“Certified copies of vital records shall be issued to the public only by the state registrar or a clerk of a town or city in accordance with this chapter” (RSA 5-C:98.II).
(b) Apostille records, particularly when they are attached to a notarized document;
(c) U.S. naturalization and citizenship certificates; and
(d) Recordable instruments.
“Recordable instruments are documents recorded at the registry of deeds as required by law. All deeds and other conveyances of real estate, all court orders, and certain other instruments affecting title to any interest in real estate are considered recordable instruments” (NPJPM).
Paper Printout of Electronic Record
Authority: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record” (RSA 456-B:2.VI).
Requirements: “The following is a best practice step-by-step process for certifying a tangible copy (i.e. a paper printout) of an electronic record:
“1. The person requesting the notarial act must appear before the notarial officer, either in- person or by using communication technology;
”2. Properly identify the person requesting the notarial act;
“3. Record the details of the notarial act in journal;
“4. Reasonably determine whether the electronic record has been tampered with or altered;
“5. Personally print or supervise the printing of the electronic record onto paper or other tangible medium; and
“ 6. Complete and sign the notarial certificate on or attached to the tangible record” (NPJPM).
Depositions
Definition: “A deposition is a written record of a witness’s out-of-court testimony made for later use in court or for discovery purposes in a legal action. In New Hampshire, depositions occur before a Notary Public, or other authorized notarial officer” (NPJPM).
Notice of Deposition: “A Notary may issue a notice for witnesses to appear before that Notary, or any other Justice or Notary, to give depositions in any matter in which a deposition is lawful. A notice of deposition must be in writing and must contain the day, hour, and location of the deposition. The Notary Public must sign the notice. RSA 517:4” (NPJPM).
Requirements
Oath/Affirmation: “Prior to the start of the deposition, the deponent must take an oath or affirmation that his or her testimony will be truthful. The Notary Public may administer this oath or affirmation in the same manner as a witness is sworn during court proceedings … Since any person admitted to the practice of law in New Hampshire may administer an oath or affirmation for the purpose of taking an oral testimony, an attorney present at a deposition could also administer the oath or affirmation to the deponent. RSA 456-B:3, IV; 516:19” (NPJPM).
Verification of Deposition Transcript: “After a deposition is taken and, if necessary, transcribed, the deponent generally reviews the deposition for accuracy. The deponent must then sign the deposition under oath attesting to the accuracy of the transcript. The language of such oath is required by law: [C]ontains the truth, the whole truth and nothing but the truth relative to the cause for which it was taken. A Notary Public or other authorized notarial officer must take the written oath attesting to the accuracy of the transcript of the deposition. Members of the bar who are not also notarial officers may not take this oath because they are limited to taking oaths for oral testimony only. RSA 456-B:3, IV, 517:7” (NPJPM).
Disqualifications: A Notary may not take a deposition if the Notary (a) is a party to the action, (b) is a relative, employee or attorney of a party to the action, (c) has a financial interest in the action or its outcome, (d) has entered in an arrangement to provide exclusive deposition, transcribing or recording services for a person or entity which has a financial interest in the action or its outcome, or (e) is an employee or independent contractor working for such a person or entity (RSA 517.3).
Protests
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” (RSA 382-A:3-505[b]).
History: “Historically, banking relied almost completely on the process of “presenting” a bill of exchange, note, or order to a financial institution for payment. This involved actual presentation of a paper note or bill for payment. It is out of this process that the concepts of protest, dishonor, and noting a protest arose. When a person or financial institution presented a bill or note for payment and the payor refused to make the payment, the bill or note was said to be “dishonored.” In order to prove that a bill or note had been dishonored, a Notary Public would be required to “note the protest.”
“Today, actual presentment rarely occurs. Under the Uniform Commercial Code (UCC), a protest is no longer necessary to establish liability for payment. As a result, the reasons for a Notary Public to note a protest have been all but eliminated. However, there are certain circumstances in modern commercial practice where noting a protest may be required. First, as noted in RSA 382- A section 3-505(a)(1), a document complying with RSA 382-A:3-505(b) that purports to be a protest is admissible in court and creates a presumption of dishonor. Second, the law in some countries requires protest in certain circumstances. For example, the law might require protest before going after drawers for drafts payable outside that country. While the concept of protest still exists for these limited purposes, it rarely comes up” (NPJPM).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” (RSA 382-A:3-505[b]).
Evidence of Dishonor: “In New Hampshire, a Notary Public is required to determine whether there is evidence of dishonor before noting a protest. Section 3 of the UCC outlines the evidence a Notary Public must consider in determining whether he or she can note a protest. Specifically, pursuant to RSA 382-A:3-505, a Notary Public must determine whether any of the following evidence of dishonor exists:
“● 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. It 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 non-acceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties;
“● A purported stamp or writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor; or,
“● A book or record of the drawee, payor bank, or collecting bank, kept in the usual course of business which shows dishonor, even if there is no evidence of who made the entry” (NPJPM).Notation: “If a Notary Public determines that any of the above three pieces of evidence exist, the notary may ‘note the protest’” (NPJPM).
Safe Deposit Box Openings
Description: “If the amount due for the rent or use of a safe deposit box has not been paid for 6 consecutive months, or if the renter thereof shall not have removed the contents thereof within 30 days from the termination of the lease therefor for any reason other than for the non-payment of rent, the depository bank shall send a written notice to the renter at his or her last known mailing address by registered or certified mail, return receipt requested. The notice shall state that the renter has 60 days from the date the letter is sent to pay the rent and/or remove all contents, or the depository bank will follow the procedure as set forth in subsection (b) below. The letter shall set forth in detail the procedure to be followed” (RSA 383-B:5-501[a]).
Requirements: “At the expiration of 60 days from the date of mailing the notice, if the renter of the safe deposit box failed to pay all of the amounts due for the rental to the date of payment, and/or remove the contents, all right of the person in the safe deposit box and of access to the box shall cease. The depository bank shall be required to use only the degree of care required of a bailee for the sole benefit of the bailor notwithstanding the contract of renting requires a higher degree of care during the period of renting. In the presence of an officer of the depository bank and a notary public who is not an officer or employee, the depository bank shall cause the safe deposit box to be opened. The notary public shall remove the contents thereof, make a list of them, seal the contents in a package, and write on the package the name and address of the person in whose name the safe deposit box was recorded on the books of the depository bank. In the presence of the notary public and the bank officer, the package shall be placed in one of the storage vaults of the depository bank. The proceedings of the notary public, including the list of the contents of the safe deposit box of the contents, shall be recorded under his or her official seal and maintained in written or electronic form by the depository bank” (RSA 383-B:5-501[b]).
Notary Public Role: “The role of the Notary Public at such an event is to:
“● Remove the contents of the safe deposit box;
“● Make a list of the contents;
“● Seal up the contents in a package; and,
“● Mark on the package the name and address of the person in whose name the safe deposit box was leased (this information should be taken from the books of the depository bank.)” (NPJPM).
“In the presence of the Notary Public, the package must be placed in one of the storage vaults of the depository bank. The Notary Public must record, under official seal, the proceedings and the list of the contents of the safe deposit box. The depository bank must maintain that recording in written or electronic form” (NPJPM).Prima Facie Evidence: “The record of the notary public shall be prima facie evidence of the facts stated therein in all proceedings at law and in equity wherein evidence of the facts would be competent” (RSA 383-B:5-501[c]).
STANDARDS OF PRACTICE
Personal Appearance
Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer” (RSA 456-B:2-a).
“To perform any notarial act in someone’s name, that person must be in the physical presence of the notarial officer or connected with communication technology that provides simultaneous sight and sound. It is not sufficient that the notarial officer know the person and his or her signature on the document to be notarized. It is not sufficient that the person verify by telephone that it is his or her signature. Even where a notarial officer may work with and perform notarial acts regularly for another person, there are no exceptions to the legal requirement that the person be in the physical or virtual presence of the notarial officer for each and every notarial act” (NPJPM).Remote Notarial Acts: “A remotely located individual may comply with RSA 456-B:2-a, and any other requirement under the law of this state to appear before or be in the presence of a notary public at the time of a notarial act, by using communication technology to appear before a notary public” (RSA 456-B:6-a.II).
Identification
Notarial Acts
Requirement: In taking an acknowledgment or a verification upon oath or affirmation, or in witnessing or attesting a signature, a Notary must identify the signer “from personal knowledge or from satisfactory evidence” (RSA 456-B:2.I-III).
Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (RSA 456-B:2-b.I).
“Personal knowledge does not require extensive knowledge of the individual or his or her history. If the notarial officer could testify under oath in a court of law as to the identity of the individual without using an identification or reference document, then the notarial officer has personal knowledge of the individual’s identity” (NPJPM).Satisfactory Evidence
Identification Documents: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
“(a) By means of:
“(1) A passport, driver’s license, or government issued nondriver identification card, which is current and unexpired; or
“(2) Another form of government identification issued to an individual, which is current and unexpired, contains the signature or a photograph of the individual, and is satisfactory to the officer….” (RSA 456-B:2-b.II[a]).
“Identification documents can also be satisfactory evidence of a signer’s identity. The most commonly used form of identification document is a driver’s license. Because of the importance of identity verification, it is good practice for the notarial officer to inspect the identification document to be sure that it is valid and not altered. In addition, the notarial officer should check to be sure that the name on the identification document is exactly the same as the name on the document being notarized. If the identification document spells the name differently, or if the document says the person is, for example, John Doe, Sr. and the identification document says the person is John Doe, Jr., best practice would be to ask for clarification and additional documentation. The notarial officer must only perform the notarial act if satisfied that it is more likely than not that the signer is the person named in the identification document” (NPJPM).Credible Witness: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual … By a verification upon oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license, or government issued nondriver identification card, which is current and unexpired” (RSA 456-B:2-b.II[b]).
“A credible witness identifying the signer under oath or affirmation is satisfactory evidence of identity. The key here is that the witness must be credible and personally known to the notarial officer. It cannot be a person that the notarial officer has just met or someone the notarial officer knows to be dishonest. The witness must also personally know the signer appearing before the notarial officer. For example, an acquaintance of the notarial officer who personally knows the signer could identify the signer under oath or affirmation. However, in order for this to be satisfactory evidence, the notarial officer must know the acquaintance to be credible.
“As with personal knowledge of identity above, extensive knowledge of the credible witness or his or her history is not required. The notarial officer is considered to “personally know” the witness if the notarial officer could testify under oath in a court of law as to the identity of the witness without using any identification or reference document” (NPJPM).
Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (RSA 456-B:b-b.III).
Remote Notarial Acts
Requirement: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if:
“(a) The notary public:
“(1) Has personal knowledge under RSA 456-B:2-b, I, of the identity of the individual;
“(2) Has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under RSA 456-B:2-b, II, or this section; or
“(3) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least 2 different types of identity proofing” (RSA 456-B:6-a.III[a])).Identity Proofing Standards: “Unless the secretary of state has adopted a rule establishing standards for identity proofing under [RSA 456-B:6-a] subparagraph VIII(b), a notary public shall comply with the credential analysis and authentication provisions of the Standards for Remote Online Notarization (Version 1) adopted by The Mortgage Industry Standards Maintenance Organization on August 28, 2019. Compliance with this paragraph satisfies the requirement of using at least 2 different types of identity proofing when performing a notarial act for a remotely located individual under this section” (RSA 456-B:6-a.X).
Credential Analysis Standards: In accordance with the MISMO standards, credential analysis must use public or private data sources to confirm the validity of an identification credential presented by a remotely located individual and shall, at a minimum:
“• use automated software processes to aid the notary public in verifying the identity of each remotely located individual;
“• ensure that the identification credential passes an authenticity test, consistent with sound commercial practices that:
”• se [sic] appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features;
”• use appropriate technologies to confirm that the identification credential is not fraudulent or inappropriately modified;
”• use information held or published by the issuing source or an authoritative source, as available, to confirm the validity of personal details and identification credential details;
”• provide output of the authenticity test to the notary public; and
“• enable the notary public to visually compare the consistency of information and photo on the identification credential and the remotely located individual as viewed by the notary public in real-time through communication technology” (NPJPM).Dynamic Knowledge-Based Authentication Standards: “In accordance with the MISMO standards, identity proofing shall be performed through a dynamic knowledge–based authentication that meets the following requirements:
“• each remotely located individual must answer a minimum of five questions related to the individual’s personal history or identity, formulated from public or private data sources;
“• each question must have a minimum of five possible answer choices;
“• at least 80% of the questions must be answered correctly;
“• all questions must be answered within 2 minutes;
“• if the remotely located individual fails the first attempt, the individual may retake the quiz one time within 24 hours;
“• during a retake of the questions, a minimum of 40% of the prior questions must be replaced;
“• if the remotely located individual fails the second attempt, the individual is not allowed to retry with the same notary public within 24 hours of the second failed attempt; and
“• the notary public must not be able to see or record the questions or answers.
“If a remotely located individual must exit the signing session, the remotely located individual must restart credential analysis and identity proofing from the beginning” (NPJPM).
Blank Document or Certificate
“[A] Notary Public may not sign a blank document or jurat” (NPJPM).
Signature by Mark, Proxy
Signature Is a “Mark”: “A Notary Public may still perform a notarial act for a person who is unable to sign his or her name due to a physical disability or other inability to write. The Notary should make accommodations to allow a person with this type of disability to have a document notarized. The notarial laws define a “signature” as “a tangible symbol or an electronic signature that evidences the signing of a record.” RSA 456-B:1, XII. Other statutes provide additional guidance. For example, the Uniform Commercial Code (RSA 382-A:1-201) defines the word “signed” to include any symbol executed or adopted by a party with present intention to authenticate a writing. It is best practice to permit the person to sign the document by marking an “X” or other symbol on the signature line. If the person is unable to make any mark at all, he or she may use a signature stamp. The Notary Public should exercise considerable caution in making sure the signature, whether a symbol or stamp, is the true signature of the signer. The Notary may want to have a witness present in such circumstances” (NPJPM).
Signature by Proxy: “If another person needs to make the mark or signature for the signer, the Notary should add a statement to the notarial certificate stating that this occurred. For example, if a Notary is notarizing a document for John Doe, who is a quadriplegic, and Jane Doe, his wife, signs his name after he communicates to the Notary his intent that the document be signed, the Notary could write: “Notarized in the presence of John Doe, who was unable to sign his name due to a disability. Mr. Doe communicated his intent to sign this document and his wife Jane Doe signed his name in my presence’” (NPJPM).
Disqualifying Interest
Personal: “No person acting in the capacity of notary public shall notarize his or her own signature” (RSA 455:2-a).
“All notarial officers … have both a statutory and common law duty to avoid conflicts of interest in the performance of their duties … In general, a public official must never act in his or her own interest in performing official acts; official acts must always be done solely in the interest of the public” (NPJPM).Financial or Beneficial: “(N)o public servant may solicit, accept, or agree to accept (for him or herself or another person or political party) money or any other pecuniary benefit as compensation for his or her endorsement of any person for a position as a public servant. This provision is particularly applicable to notarial officers, who may be asked to endorse an applicant to be a Notary Public or Justice of the Peace” (NPJPM).
“A pecuniary benefit means ‘any advantage in the form of money, property, commercial interest or anything else, the primary significance of which is economic gain’” (NPJPM).Corporate Notaries: Notaries who are employees, stockholders, directors or officers of a bank or other corporation may notarize for that bank or corporation as long as they are not parties to the document, either individually or as a representative (RSA 455:2-a).
Bribery: “Statutes also explicitly prohibit public servants (such as notarial officers) from soliciting, accepting, or agreeing to accept a bribe. A bribe is any pecuniary benefit promised, offered or given “to another with the purpose of influencing the [public servant’s] action, decision, opinion, recommendation, vote, nomination, or other exercise of discretion….” A pecuniary benefit means “any advantage in the form of money, property, commercial interest or anything else, the primary significance of which is economic gain” (NPJPM).
Compensation for Past Action, Gifts: “The law also expressly forbids a public servant from accepting compensation even for a past official action. A public servant is guilty of a misdemeanor if he or she ‘solicits, accepts or agrees to accept any pecuniary benefit in return for having given a decision, opinion, recommendation, nomination, vote, otherwise exercised his discretion, or for having violated his [or her] discretion, or for having violated his [or her] duty.’ In other words, even if the pecuniary benefit is not given, sought, or even suggested until after the official act has already been completed, a notarial officer is still forbidden from accepting it. Note that this does not prevent a Notary Public, Justice of the Peace, or Commissioner of Deeds from accepting fees for notarial acts, performing marriages, or other acts for which fees are authorized by statute.
“Similarly, public servants are guilty of a misdemeanor if they solicit, accept or agree to accept a gift from a person who is likely, in the future to become 'subject to or interested in any matter or action pending before or contemplated by himself [or herself]…” or if they give advice or other assistance regarding a matter or transaction they have or likely will have official discretion to exercise. See generally RSA 640:4, 5 and 6” (NPJPM).Endorsements: “[N]o public servant may solicit, accept, or agree to accept (for him or herself or another person or political party) money or any other pecuniary benefit as compensation for his or her endorsement of any person for a position as a public servant. This provision is particularly applicable to notarial officers, who may be asked to endorse an applicant to be a Notary Public or Justice of the Peace. A Notary Public should only endorse a person who is applying to be a notarial officer if the Notary Public believes the applicant is of a character that makes him or her suitable for commissioning as a notarial officer. A notarial officer is guilty of a misdemeanor if he or she solicits, accepts, or agrees to accept a pecuniary benefit in return for his or her endorsement. See generally RSA 640:7” (NPJPM).
Improper Influence
“Public servants must also be free from improper influence. State law requires public servants to report to a law enforcement officer any conduct by another designed to improperly influence the notarial officer. Such conduct includes threats of harm and private addresses to the public official. The statutory meaning of ‘harm’ includes 'any disadvantage or injury, to person or property or pecuniary interest, including disadvantage or injury to any other person or entity in whose welfare the public servant… is interested.' However, harm does not include ‘the exercise of any conduct protected under the First Amendment to the United States Constitution or any provision of the federal or state constitutions.’ Failure to report such conduct to law enforcement is also a class B felony. See generally RSA 640:3” (NPJPM).
“Official Oppression”
“As a public servant, statutes prohibit a notarial officer from using his or her public office to commit ‘official oppression.’ For notarial officers, any unauthorized act, which purports to be a notarial act, done for the purpose of benefiting the notarial officer or another, or to harm another, constitutes official oppression. Official oppression also includes knowingly refraining from performing a notarial duty imposed by law or clearly inherent in the nature of the office. Any public servant who commits official oppression is guilty of a misdemeanor” (NPJPM).
In-Person Electronic Notarial Acts
Applicable Law
Uniform Electronic Transactions Act: Effective September 11, 2001, New Hampshire adopted the Uniform Electronic Transactions Act (RSA 294-E:1 through 294-E:20), including its 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 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” (RSA 294-E:11).
Uniform Law on Notarial Acts: New Hampshire has enacted amendments to its Uniform Law on Notarial Acts regarding notarizations of electronic records. These provisions are summarized below.
Uniform Real Property Electronic Recording Act: Chapter 206 (Senate Bill 134) of 2021 enacted the Uniform Real Property Electronic Recording Act, and its provision on notarization related to electronic real property 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” (RSA 478-A:3.III).
Tamper-Evident Technology
Selection by Notary: “A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected” (RSA 456-B:8-b.I).
Standards: “If the secretary of state has established standards for approval of technology, the technology shall conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology” (RSA 456-B:8-b.II).
Technology Systems
Approval of System Providers: Not required. Instead, “self-certification” of compliance with New Hampshire’s in-person electronic and/or remote notarization laws is required.
List of System Providers: Provided. A list of technology systems may be found at the Secretary of State’s website at https://www.sos.nh.gov/sites/g/files/ehbemt561/files/inline-documents/sonh/providers-of-e-notarization.pdf.
X.509 Digital Certificate
Requirement: “Unless the secretary of state has adopted a rule establishing standards for tamper-evident technology, a notary public shall attach or logically associate the notary public’s official stamp to an electronic record by use of a digital certificate complying with the X.509 standard adopted by the International Telecommunication Union or a similar industry-standard technology” (RSA 456-B:8-b.IV).
Obtaining a Digital Certificate: “A list of X.509 standard digital certificate providers accredited by the private non-profit standards body, Direct Trust, is available here: Member List (Accredited Certificate Authorities). You may find other digital certificate providers through referral by your remote notarization service provider or an internet search.
“In addition to the X.509 standard, a notary public or justice of the peace may use a digital certificate that complies with a similar industry-standard technology. This means that a notary public or justice of the peace has the flexibility to use an additional technology to meet specific document security needs/requirements of a particular relying party or technology provider. However, note that a signer or a relying party may not require a notary public or justice of the peace to use a technology that the notary public or justice of the peace has not selected.
“These standards apply to any electronic notarial act – whether conducted in-person or remotely” (NPJPM).Prohibition: “In compliance with the X.509 standard, a notary public may not perform a notarial act with respect to an electronic record if the digital certificate:
“• has expired;
“• has been revoked or terminated by the issuing or registering authority;
“• is invalid; or
“• is incapable of authentication” (NPJPM).
Remote Notarial Acts
Applicable Law
Remote Notarial Acts: The state of New Hampshire enacted permanent statutes related to remote notarizations through Chapter 206 (Senate Bill 134) of 2021. These provisions are summarized below.
Paper Remote Notarizations: Chapter 206 of 2021 also made permanent the provisions of Chapter 17 (House Bill 1249) of 2020, which authorized remote notarization of paper estate planning documents during the COVID-19 state of emergency. These provisions became permanent on August 10, 2021, and are summarized below.
Technology Systems
Approval of System Providers: Not required. Instead, “self-certification” of compliance with New Hampshire’s in-person electronic and/or remote notarization laws is required.
Requirements: “Communication technology and identity proofing service providers must meet the following requirements in order to do business in New Hampshire:
“1) Demonstrate good standing as a registered Foreign Corporation in New Hampshire. RSA 293- A:15.01 provides that “a foreign corporation may not transact business in this state until it obtains a certificate of authority from the secretary of state. Information is available online: https://quickstart.sos.nh.gov/online/Account/LandingPage ; and
“2) Complete the “New Hampshire eNotarization and/or Remote Notarization Technology Provider” form which requires the provider self-certify compliance with New Hampshire’s remote notarization law, including requiring a notary to have a digital certificate that satisfies the X.509 digital certificate standards. A list of communication technology and identity proofing service providers, who have submitted complete forms will be available on the Secretary of State’s website.
“The Secretary of State recommends notarial officers use and remote notarization providers require digital certificates that are accredited by Direct Trust, https://directtrust.org/who-we-are, or some equivalent mechanism for ensuring the cybersecurity and standards of the digital certificate provider. Direct Trust’s web site lists accredited digital certificate providers: https://directtrust.org/about-membership/member-list#dt-accredited-ca (Accredited Certificate Authorities)” (NPJPM)List of System Providers: Provided. A list of technology systems may be found at the Secretary of State’s website at https://www.sos.nh.gov/sites/g/files/ehbemt561/files/inline-documents/sonh/providers-of-e-notarization.pdf.
Confirmation of Record: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [t] he notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature” (RSA 456-B:6-a.III[b]).
Remotely Located Individual Outside the United States: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [fo]r a remotely located individual located outside the United States:
“(1) The record:
“(A) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
“(B) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
“(2) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located” (RSA 456-B:6-a.III[d]).Tamper-Evident Technology: For the requirement that a Notary use a tamper-evident technology in performing remote notarial acts, see “In-Person Electronic Notarial Acts,” above.
Recording of Remote Notarial Act: For the requirement that a Notary create an audio-visual recording of each remote notarial act, see “Records of Notarial Acts,” below.
Communication Technology: “The communication technology chosen for remote notarization must:
“• Provide synchronous audio-visual feeds of sufficient video resolution and audio clarity to enable the notary public and remotely located individual to see and speak with each other. RSA 456-B:6-a,I.
“• Facilitate communication with a remotely located individual who has a vision, hearing, or speech impairment. RSA 456-B:6-a,I.
“• Provide a means for the notary public reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature. RSA 456- B:6-a, III(b)” (NPJPM).
“Best Practice is to have technology that will:
“• Provide reasonable security measures to prevent unauthorized access to the live transmission of the audio-visual feeds, the methods used to perform the identity proofing process, and the electronic record that is the subject of the notarial act.
“• Protect access to the technology by use of at least one factor of user authentication such as a password, token, biometric or other form of commercially reasonable authentication.
“Note that a telephone or simple FaceTime call is not a lawful means of performing a remote notarization” (NPJPM).
Paper Remote Notarial Acts
Authority
“Record”: Throughout RSA 456-B:6-a, the term “record” is used when describing and regulating notarial acts for remotely located individuals. A “record” is defined as “information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form” (RSA 456-B:1.XI).
“Remote notarizations may be performed with tangible (i.e. paper) records. This may be necessary in situations where an entity requires wet-ink notarial signatures and notarial seal. This is often the case for documents being sent outside the United States” (NPJPM).Scenarios: “Remote notarization of tangible records can be performed in one of three scenarios.
“In the first scenario, a signer affixes a wet-ink signature to a paper document that is physically sent to the notary public, who then obtains the signer’s acknowledgment by use of an audio-visual session that meets all of the identification, recording, and journal requirements for a remote notarization. Then the notary also wet-signs and stamps the paper document.
“In the second scenario, the signer affixes a wet-ink signature to a paper document and then scans and electronically sends it to the notary public, who subsequently prints out the wet-ink signature signed document. The notary public then obtains the signer’s acknowledgment by use of an audio-visual session that meets all identification, recording, and journal requirements for remote notarization. But, the notary also wet-signs and physically stamps the paper document. The notarized paper document is then physically delivered or mailed back to the signer or to a third party as directed by the signer. Best practice is for the notary to also scan the notarized document and send a PDF to the signer” (NPJPM).
Acknowledgments Only: “An acknowledgement is necessary because to notarize a directly witnessed signature, the notarial officer must be absolutely certain the document being notarized is the document the notarial officer witnessed being signed. This occurs naturally with an in-person, in physical presence, notarization. If the document must be mailed or otherwise delivered to the notarial officer, the notarial officer will be unable to attest that the document received is the very document that the notarial officer witnesses being signed remotely” (NPJPM).
Estate Documents: Chapter 206 also made permanent the provisions of Chapter 17 (House Bill 1249) of 2020, which authorized remote notarization of paper estate planning documents during the COVID-19 state of emergency. These provisions became permanent on August 10, 2021, and are summarized below.
Estate Planning Documents Only: The following provisions are applicable only to estate planning documents such as a will or estate planning trust (RSA 456-B:2.VII[a]).
Personal Appearance Satisfied: With respect to estate planning documents only, the the requirement that a person appear before a notarial officer at the time of the notarial act is satisfied if person and the notarial officer can communicate simultaneously by sight and sound through an electronic device or process at the time of the notarial act (RSA 456-B:2.VII[b]).
Wills and Codicils: RSA 551:2.III(a) extends the personal appearance allowance to individuals who witness or attest a last will or codicil to a will: “A witness need not be physically present within the state of New Hampshire at the time the witness attests to the testator’s signature” (RSA 551:2.III[a]).
Certain Notarial Officers Only: The remote notarization of estate planning documents is applicable only to the following notarial officers:
(a) The attorney, licensed to practice law in New Hampshire and in good standing, who drafted the estate planning instrument;
(b) Another attorney licensed to practice law in New Hampshire and in good standing, under the drafting attorney's supervision; or
(c) A paralegal under the supervision of either such attorney (RSA 456-B:2.VII[a]).Counterparts: A will or codicil to a will that is signed or witnessed using an electronic device or process to communicate simultaneously by sight and sound may be signed in counterparts (RSA 551:2.III[a]).
Effective Date: RSA 456-B:2.VII is effective and applies to notarial acts performed on or after March 23, 2020.
Electronic Will or Codicil: “Nothing in this paragraph shall be deemed to allow an electronic will or codicil. This paragraph shall apply only to wills executed on or after March 23, 2020” (RSA 551:2.III[b]).
Validity of Emergency Order 11: “[A] notarial act performed in compliance with emergency order #11 pursuant to executive order 2020-04 from its effective date through the date of its expiration is valid” (RSA 456-B:2.VII[c]).
Validity of Notarial Acts
“The failure of a notarial officer to perform a duty or meet a requirement specified in [RSA 456-B] or RSA 455 does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under [RSA 456-B] or RSA 455 does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this state other than this chapter or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts” (RSA 456-B:8-d).
CERTIFICATE OF NOTARIAL ACT
Certificate Requirement
General Requirement: “A notarial act must be evidenced by a certificate signed and dated by a notarial officer” (RSA 456-B:7.I).