New Hampshire - U.S. Notary Reference

Last Update: October 18, 2024

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 for acknowledgments (RSA 455:3) and for all notarial acts (NPJPM).

Notary Journal

Required only for notarial acts for remotely located individuals (RSA 456-B:8-c.I).

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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

1. Address: Office of Secretary of State
   State House, Room 204
   107 North Main Street
   Concord, NH 03301

2. Phone: 603-271-3242

3. Website: https://sos.nh.gov/administration/administration/notary-public

Laws, Rules and Guidelines

1. Laws: 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.”

2. 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.

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Commission Process

1. 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).

2. Course: Not required.

3. Exam: Not required.

4. Application: 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. The completed application, with its three signed endorsements, must be sent to the Secretary of State, along with a fee of $75 (payable to “Treasurer, State of New Hampshire”) and an “Acknowledgement of Criminal Record Check.” The application and “Acknowledgement of Criminal Record Check.” may be printed double-sided (website, “Notary Public”). The application must be signed in the presence of a Notary (not the applicant) or a justice of the peace. The separate “Acknowledgement of Criminal Record Check” 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]). The review of this application by the Governor and Executive Council takes eight to 10 weeks (website, “Notary Public”).
   “A notarial officer should be able to produce a copy of his or her commission signed by the Governor, evidencing that he or she is a notarial officer upon request of any person seeking notarization services.” (NPJPM).

5. 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)” (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).

6. 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).

7. Non-Residents: “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.
   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.

8. 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

1. 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).

2. 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

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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

1. 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).

2. 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).

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Authorized Acts

1. Notarial Acts: New Hampshire Notaries are authorized to perform the following notarial acts (RSA 455:3 and 456-B:1):

   1. Take acknowledgments;

   2. Administer oaths and affirmations;

   3. Take verifications upon oath or affirmation (jurats);

   4. Witness or attest signatures;

   5. Certify or attest copies;

   6. Take depositions (RSA 517:2);

   7. Note protests of negotiable instruments (RSA 455:4 and 382-A:3-505):

   8. Observe opening of safe deposit box for which rent has not been paid (NPJPM).

2. 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

1. Definition: “‘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).

2. Requirements: “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 and that the signature on the instrument is the signature of the individual” (RSA 456-B:2.I).
   “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

1. Definitions: “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).
   “An affirmation is 'a solemn pledge equivalent to an oath but without reference to a supreme being or to 'swearing’” (NPJPM).

2. Requirements: “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.' 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).

3. Examples: The language generally used for swearing in a witness or signer under oath or affirmation in New Hampshire is as follows (NPJPM):
   FOR 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?”
   FOR 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?”

4. Official Oaths: “Official oaths may be administered as follows: To the clerk of any court, by any 2 justices thereof, or by any 2 justices of the peace; 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; to all other officers, by any justice of the peace within his or her county; to town officers in town meeting, by the moderator, or at any time by the town clerk, one of the selectmen, or a justice of the peace; to officers of school districts, in school meeting, by the moderator, or at any time by the clerk, one of the school board of the district, or a justice of the peace; and to the moderator of the district, by any legal voter of the district” (RSA 92:5).
   “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).

5. Ceremony: “No other ceremony shall be deemed necessary, in swearing, than holding up the right hand” (RSA 92:4).

Verifications

1. 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).

2. Requirements: “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 and that the signature on the statement verified is the signature of the individual” (RSA 456-B:2.II).

3. Example: “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

1. Description: “Witnessing a signature is also referred to as attesting a signature. In order for a Notary Public to witness a signature, the person named in the document must appear before the Notary and sign the document in the Notary’s presence. 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).

2. Requirements: “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).

Copy Certifications

1. 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).

2. Requirements: “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). Examples of “other items” that may be copy certified include maps, diagrams, graphs, etc. (NPJPM).
   “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).
   “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).

3. “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).

4. 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);
   (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).
   “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).

5. Paper Printout of Electronic Record: “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).
   “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

1. 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).

2. 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).

3. Requirements: “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).
   “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).

4. Disqualifications: A Notary may not take a deposition if the Notary (a) is a party to the action or is a relative, employee or attorney of a party to the action, (b) has a financial interest in the action or its outcome, (c) 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 is an employee or independent contractor working for such a person or entity (RSA 517.3).

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” (RSA 382-A:3-505[b]).
   “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).

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” (RSA 382-A:3-505[b]).
   “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.
   “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

“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]).

“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]).

“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]).

“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).

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Personal Appearance

1. 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).

2. 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

1. Notarial Acts

   1. 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.”

   2. 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).

   3. Satisfactory Evidence: “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; or
      “(b) 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).

   4. Credible Witness: “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).

   5. Identification Documents: “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).

   6. Representative Status: “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 must still determine the identity of the person appearing before him or her for such acknowledgements. 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).

2. Remote Notarial Acts

   1. 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])).

   2. Identity Proofing: “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).

   3. Credential Analysis: 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).

   4. Dynamic Knowledge-Based Authentication: “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

“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.
“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

1. 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).

2. 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).

3. 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).

4. 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).

5. 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).

6. 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

1. Applicable Law

   1. 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).

   2. 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.

   3. 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).

2. Tamper-Evident Technology: “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).

3. Technology Systems

   1. 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.

   2. List of System Providers: Provided. A list of technology systems may be found at the Secretary of State’s website at https://sos.nh.gov/media/13emfz3p/provider-notification-2-22.pdf.

   3. X.509 Digital Certificate: “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).
      “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).
      “A list of X.509 standard digital certificate providers accredited by the private non-profit standards body, Direct Trust, is available here: https://directtrust.org/about-membership/member-list#dt-accredited-ca (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).

4. Rules: “The secretary of state may adopt rules under RSA 541-A to implement this chapter. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification” (RSA 456-B:8-b.III).

Remote Notarial Acts

1. Applicable Law

   1. 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.

   2. 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.

2. Technology Systems

   1. 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.

   2. 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: New Hampshire Quickstart | Home ; 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, 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: Member List (Accredited Certificate Authorities)” (NPJPM)

   3. List of System Providers: Provided. A list of technology systems may be found at the Secretary of State’s website at https://sos.nh.gov/media/13emfz3p/provider-notification-2-22.pdf.

3. 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]).

4. 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]).

5. 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.

6. 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.

7. Rules: “In addition to adopting rules under RSA 456-B:8-b, IV, the secretary of state may adopt rules under RSA 541-A regarding performance of a notarial act under this section. The rules may:
   “(a) Prescribe the means of performing a notarial act involving a remotely located individual using communication technology;
   “(b) Establish standards for communication technology and identity proofing;
   “(c) Establish requirements or procedures to approve providers of communication technology and the process of identity proofing; and
   “(d) Establish standards and a period for the retention of an audio-visual recording created under subparagraph III(c)” (RSA 456-B:6-a.VIII).

8. 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

1. Authorization: “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. 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).

2. 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).

3. 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.

   1. 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]).

   2. 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]).
      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]).

   3. 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]).

   4. 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]).

   5. Effective Date: RSA 456-B:2.VII is effective and applies to notarial acts performed on or after March 23, 2020.

   6. 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]).

4. 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).

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Certificate Requirement

“A notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may include the official stamp or seal of office. If the officer is a notary public, the certificate must also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected. If the officer is a commissioned officer on active duty in the military service of the United States, it must also include the officer’s rank” (RSA 456-B:7.I)

Certificate Forms

New Hampshire has adopted the Uniform Law on Notarial Acts anad the Act’s short-form certificates. These certificate forms appear below.

Certificate of Remote Notarial Act

“If a notarial act is performed under [RSA 456-B:6-a], the certificate of notarial act required by RSA 456-B:7 and the short-form certificate provided in RSA 456-B:8 must indicate that the notarial act was performed using communication technology” (RSA 456-B:6-a.IV).

Sufficiency of Certificate

1. Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of paragraph I and it:
   “(a) Is in the short form set forth in RSA 456-B:8;
   “(b) Is in a form otherwise prescribed by the law of this state;
   “(c) Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or
   “(d) Sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act” (RSA 456-B:7.II).

2. Remote Notarial Acts: “A short-form certificate provided in RSA 456-B:8 for a notarial act subject to this section is sufficient if it:
   “(a) Complies with rules adopted under [RSA 456-B:6-a] subparagraph VIII(a); or
   “(b) Is in the form provided in RSA 456-B:8 and contains a statement substantially as follows: “This notarial act involved the use of communication technology” (RSA 456-B:6-a.V).

Executing a Certificate

“By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determinations required by RSA 456-B:2” (RSA 456-B:7.III)

Expiration Date

If the expiration date is omitted inadvertently from the Notary’s certificate, RSA 456:B-7.I allows it to be subsequently added.

Alteration of Certificate

“Finally, (except for the subsequent addition of the expiration date of the notarial officer’s commission as authorized by RSA 456-B:7, I) subsequent alterations to items on the certificate should not be made. Alteration of other items on the certificate could, in certain circumstances, constitute a crime pursuant to RSA 641:7, entitled ‘Tampering With Public Records or Information’” (NPJPM).

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Definitions

1. “'Official stamp' means an official seal of office consisting of a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record” (RSA 456-B:1.IX).

2. “Stamping device' means:
   “(a) A physical device capable of affixing to or embossing on a tangible record an official stamp; or
   “(b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (RSA 456-B:1.XIV).

Official Stamp Requirement

1. Notarial Acts

   1. Notaries Public: Required.
      “All notarial acts performed by a notary public with respect to a record shall be either under an embossed official seal or shall carry the legible imprint of an electronic or rubber official rubber stamp” (RSA 455:3.II).

   2. Other Notarial Officers: Permitted.
      “A notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may include the official stamp or seal of office” (RSA 456-B:7.I).

2. In-Person Electronic Notarial Acts

   1. Notaries Public: Required (RSA 455:3.II).

   2. Other Notarial Officers: Permitted (RSA 456-B:7.I).

3. Remote Notarial Acts

   1. Notaries Public: Required (RSA 455:3.II).

   2. Other Notarial Officers: Permitted (RSA 456-B:7.I).

4. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (RSA 478-A:3.III).

Seal Format

1. Notarial Acts

   1. Embosser or Inked Rubber Stamp: “All acknowledgments made by a notary public shall be either under an official seal (i.e., embosser) or shall carry the legible imprint of an official rubber stamp stating the name of the notary, the words ‘notary public, New Hampshire’ and the expiration date of the notary public’s commission” (RSA 455:3.II).
      RSA 455:3.II, cited above, authorizes the official seal to be an embossed official seal or carry the legible imprint of an electronic or rubber stamp.
      Prior to January 1, 1996, only an embosser was authorized for New Hampshire Notaries. Prior to October 1, 1988, Notaries were not required to use seals.

   2. Shape/Size: Not specified by law. For embossers, a circular seal is customary. Most rubber Notary stamps are manufactured in a rectangular shape.

   3. Photographically Reproducible: “The electronic or rubber official stamp of a notary public shall … [b]capable of being copied together with the record to which it is affixed or attached or with which it is logically associated” (RSA 456-B:8-a.I(b).

   4. Components: A seal embosser or electronic or rubber official stamp must contain the following elements:

      1. Name of Notary;

      2. “Notary Public”;

      3. “New Hampshire”;

      4. Commission expiration date.

2. In-Person Electronic Notarial Acts: The format requirements of the offical seal for notarial acts apply to Notaries Public and other notarial officers who perform in-person electronic notarial acts.

3. Remote Notarial Acts: The format requirements of the offical seal for notarial acts apply to Notaries Public who perform remote notarial acts.
   Notarial officers other than Notaries Public are not authorized to perform remote notarial acts under New Hampshire law.

Examples

The below typical, actual-size examples of rubber stamp, embossing, and electronic Notary seals are allowed by New Hampshire law. Other formats may also be permitted.

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Prima Facie Evidence

“The signature, embossed official seal or the legible imprint of an electronic or rubber official stamp stating the name of the notary, and the words ‘notary public, New Hampshire’ and the expiration date of the notary public’s commission of a person performing a notarial act or for a justice of the peace the name of the justice and the expiration date of his or her commission typed, printed, or stamped on the document are prima facie evidence that the signature is genuine and that the person holds the designated title” (RSA 456-B:3.III).

Justice of the Peace

“Unlike a Notary Public, a Justice of the Peace is not required to have an official seal, whether in the form of either an embossed seal or an electronic stamp. However, if the Justice of the Peace opts to perform electronic and/or remote notarizations involving electronic records, the Justice of the Peace must use an X.509 (or similar industry-standard) compliant digital certificate. (See the Remote Notarization Section for further details.) When hand signing or electronically signing any document or instrument, it is good practice to type, print or otherwise affix:
“● His or her name,
“● The words “Justice of the Peace”; and
“● The expiration date of his or her commission.
“However, failure to meet these requirements does not invalidate the legal effect of the notarial act” (NPJPM).

Security of Stamping Device

“A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act” (RSA 456-B:8-a.II).

Lost or Stolen Stamping Device

“If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall notify promptly the secretary of state on discovering that the device is lost or stolen” (RSA 456-B:8-a.III).

Destruction of Stamping Device

1. Termination of Commission: “On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expiration of the date set forth in the stamping device, if any, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (RSA 456-B:8-a.II).

2. Death or Adjudication of Incompetency: “On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (RSA 456-B:8-a.II).

Adequacy of Stamp

“While state law permits Notaries Public to use a rubber stamp, it may not be sufficient for certain purposes. For example, federal passport regulations may require a raised seal. A Notary Public should consider whether the rubber stamp is sufficient for the type of notarial act” (NPJPM).

Recent History of Notary Seals

Prior to October 1, 1988, Notary seals were not required by statute on any document, though use of embosser seals by Notaries was common. On that date, embosser seals became mandatory for Notaries executing acknowledgments (Chapter 121, Laws of 1988).

Effective January 1, 1996, New Hampshire Notaries may use either an embosser or an inked rubber stamp (Chapter 74, Laws of 1995).

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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: Required.
      “A notary public shall maintain a journal in which the notary public chronicles all notarial acts the notary public performs with respect to a remotely located individual under RSA 456-B:6-a” (RSA 456-B:8-c.I).

2. Recording of Remote Notarial Acts: Required.
   “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, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act” (RSA 456-B:6-a.III[c]).

Journal Recommendation

“A journal is required for all notarial acts performed with respect to a remotely located individual. For all other notarial acts, while not required by law, it is recommended that a Notary Public maintain a journal” (NPJPM).

One Journal at a Time

“A notary public shall maintain only one journal at a time to chronicle all notarial acts performed regarding tangible records and one or more journals to chronicle all notarial acts performed regarding electronic records” (RSA 456-B:8-c.II).

Contemporaneous Completion of Journal

“An entry in a journal shall be made contemporaneously with performance of the notarial act” (RSA 456-B:8-c.I).

Journal Format

“A journal may be created on a tangible medium or in an electronic format” (RSA 456-B:8-c.II).

1. Paper Journal: “If a journal is maintained on a tangible medium, it shall be a permanent, bound register with numbered pages” (RSA 456-B:8-c.II).

2. Electronic Journal: “If the journal is maintained in an electronic format, it shall be in a permanent, tamper-evident electronic format complying with the rules of the secretary of state” (RSA 456-B:8-c.II).

Journal Recommendation

“While not required by law [for paper notarizations], it is recommended that a Notary Public maintain a journal of all notarial acts performed” (NPJPM).

Journal Entries

1. Paper Notarial Acts: “Good practice would dictate including in the journal, at a minimum, the following information:
   “(1) The notarial act performed;
   “(2) The date of the notarial act;
   “(3) The identifying information of the person appearing before the Notary Public; and
   “(4) Any other details the Notary Public believes would be useful in referring back to the act.
   “A journal will provide a record of the details of each notarial act that the Notary Public can refer to if called upon to verify the act” (NPJPM).

2. Remote Notarial Acts: “An entry in a journal shall … contain the following information:
   ”(a) The date and time of the notarial act;
   ”(b) A description of the record, if any, and type of notarial act;
   ”(c) The full name and address of each individual for whom the notarial act is performed;
   ”(d) If identity of the individual is based on personal knowledge, a statement to that effect;
   ”(e) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of the identification credential; and
   ”(f) The fee, if any, charged by the notary public” (RSA 456-B:8-c.III).

Misuse of Information

“State law similarly forbids a notarial officer from misusing information he or she acquires by virtue of his or her office or from another public servant. Misuse of information includes:
“● Acquiring or divesting himself or herself of a pecuniary interest in any property, transaction or enterprise which may be affected by such action or information; or
“● Speculating or making a wager on the basis of such action or information; or
“● Knowingly aiding another to do any of the foregoing” (NPJPM).

Lost or Stolen Journal

“If the journal of a notary public is lost, the notary public loses access to the journal, or the journal is stolen, the notary public promptly shall notify the secretary of state upon discovering the journal is lost, access is lost, or the journal is stolen” (RSA 456-B:8-c.IV).

Retention of Records

1. Journal Retention: “The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal” (RSA 456-B:8-c.I).

2. Recordings Retention: “Unless a different period is required by rule adopted under subparagraph VIII(d), the recording must be retained for a period of at least 10 years after the recording is made” (RSA 456-B:6-a.VI).

Disposition of Journal, Recordings

1. Suspension or Termination of Commission: “On resignation from, or the revocation or suspension of, the commission of a notary public, the notary public shall retain the journal in accordance with [RSA 456-B:8-c] paragraph I and inform the secretary of state where the journal is located” (RSA 456-B:8-c.V).

2. Repository of Records: “Instead of retaining a journal as provided in [RSA 456-B:8-c] paragraphs I and V, a current or former notary public may transmit the journal to a repository approved by the secretary of state” (RSA 456-B:8-c.VI). A Notary, guardian, conservator, or agent of a Notary, or a Notary’s personal representative may elect to store recordings of remote notarial acts with a repository (RSA 456-B:6-a.VI).

3. Death or Incompetency of Notary: “Upon the death or adjudication of incompetency of a current or former notary public, the personal representative or guardian of the notary public shall retain the journal as provided in paragraphs I or V or transmit the journal to a repository approved by the secretary of state” (RSA 456-B:8-c.VII).
   “A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public shall retain the audio-visual recording created under subparagraph III(c) or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording” (RSA 456-B:6-a.VI).

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Maximum Fees

1. Notarial Acts: “Notaries public shall be entitled to a fee of up to $10 for each oath, witness, service or certification….” (RSA 455:11).

2. Remote Notarial Acts: “For performing notarial acts for a remotely located individual under RSA 456-B:6-a, a notary public shall be entitled to a fee of $25 per act” (RSA 455:11.III).

3. Depositions: “[F]or services related to the taking of depositions, a Notary Public is entitled to a fee of at least five dollars but no more than fifty dollars. The Notary can vary the fee depending upon the amount the Notary feels is sufficient payment for the deposition services” (NPJPM).
   “For services related to the taking of depositions, a Justice of the Peace is entitled to a fee of at least five dollars but no more than fifty dollars. The Justice of the Peace can vary the fee depending upon the amount the Justice of the Peace feels is sufficient payment for the deposition services” (NPJPM).

Travel Fee

“In addition to the fees (for notarial acts), when a Notary Public travels to swear witnesses, he or she is entitled to twenty cents per mile as mileage” (NPJPM). The same holds for Justices of the Peace.

Oaths of Town Officers

“No fees shall be allowed for administering and certifying oaths of office for town officers” (RSA 455:11.II).

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Notary Signing Agents

Currently, there are no statutes, regulations or rules expressly governing, prohibiting, or restricting the operation of Notary Signing Agents within the state of New Hampshire.

Recording Requirements

“The register of deeds shall receive, file and record for the legal charges all original deeds and instruments brought for that purpose, and shall furnish certificates or copies thereof when required. All documents submitted for recording in each registry of deeds should be on material with markings and of a size to insure suitable, permanent recording thereof” (RSA 478:4).

“I. The register of deeds shall not accept a deed or instrument for filing and recording unless it recites the following information:
“(a) The latest mailing address of the grantees named in the deed or instrument;
“(b) In the first sentence of the first description paragraph, the names of all municipalities in which the property is located;
“(c) The name of each person signing the deed or instrument as a party to the transaction printed or typewritten under the signature” (RSA 478:4-a.I).

Register of Deeds Standards: “All documents shall be suitable for reproduction as determined by the register of deeds, who shall provide document standards as amended and adopted by the New Hampshire registers of deeds. The standards and any amendments thereto shall include a statement of their effective date, and shall be posted in and distributed by all registries of deeds for at least 60 days prior to such effective date” (RSA 478:4-a.I).
Currently, uniform recording standards have not been adopted in New Hampshire, and thus each county determines its own standards. The following standards have been adopted by the Merrimac County Register of Deeds:
“1. Clean White 20 pound paper without any watermarks. (Neither sheer copy nor onionskin is Suitable).
“2. Clean typewriter or printer with ribbon in GOOD condition which will produce sharp, clear BLACK print in a minimum of 10 point Times New Roman font.
“3. Signatures executed in dark BLACK ink. Dark Blue ink may be accepted.
“4. Seals impressed firmly and clearly. Justice & Notary expirations printed clearly in BLACK ink. Name of Justice Must be printed legibly or typed under signature.
“5. ORIGINAL DOCUMENTS with ORIGINAL SIGNATURES ONLY, NO Machine or carbon copies, NO Fax copies or Copies of fax documents allowed. A certified copy MAY be accepted at the Register’s discretion, when the original document is on record in another governmental office.
“6. FIRST PAGE TOP MARGIN OF THREE INCHES to allow space for docket markings. ALL OTHER MARGINS MUST be a MINIMUM of ONE INCH to allow for complete capture of all information within the parameters of either letter or legal size paper.
“7. No foreign objects attached or glued to pages. No continuous forms or bound sheets. Do not use colored markers to highlight text. Stamps and seals should not cover or overlap pertinent information. It is usually better to add a new page, referring to See Exhibit A or See attachment.
“8. Paper size not to exceed legal size of 8½ x 14, letter size paper of 8½ x 11 preferred, but not required. One sided pages only.
“9. Reduced print is Not Acceptable. These are reduced even further when microfilmed. Font size no smaller than 10 point size in Times New Roman.” (Merrimac County Register of Deeds website [https://merrimackcountydeedsnh.com/recordingrequirements.html]).

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Notarial Acts in New Hampshire

“I. A notarial act may be performed within this state by the following persons:
“(a) A notary public of this state;
“(b) A judge, clerk, deputy clerk, register of probate, or deputy register of probate of any court of this state; or
“(c) A justice of the peace of this state.
“II. Notarial acts performed within this state under federal authority as provided in RSA 456-B:5 have the same effect as if performed by a notarial officer of this state.
“III. The signature, official seal or the legible imprint of an official rubber stamp stating the name of the notary, and the words “notary public, New Hampshire” and the expiration date of the notary public’s commission of a person performing a notarial act or for a justice of the peace the name of the justice and the expiration date of his or her commission typed, printed, or stamped on the document are prima facie evidence that the signature is genuine and that the person holds the designated title.
“IV. Any person admitted to the practice of law in this state may administer an oath or affirmation for the purpose of taking oral testimony” (RSA 456-B:3).

1. Justice of the Peace: New Hampshire justices of the peace enjoy certain of the same powers as Notaries, including the authority to administer oaths of office and take depositions. Their fees and term length are the same as Notaries’, but they are not required to use a seal in taking acknowledgments; however, effective January 1, 2000, they must type, print or stamp their name and commission expiration date on each document. Unlike Notaries, justices of the peace may perform marriages (website, “Justices of the Peace”).

2. Commissioner of Deeds: A New Hampshire commissioner of deeds is appointed by the Governor of New Hampshire to perform certain notarial acts (i.e., administer oaths, take depositions and affidavits, take acknowledgments) in designated U.S. and foreign jurisdictions on documents that will be filed or used in New Hampshire. The commissioner has the same term length of five years (RSA 455:12 – 455:15).
   “Commissioners may also be appointed by the Supreme or Superior Court (of New Hampshire) or any justice thereof. Commissioners so appointed have the same power as justices of the peace to administer oaths and affirmations, to issue writs of summons to a witness, to proceed against a witness who fails to appear and give a deposition, and in all proceedings under his commission” (NPJPM).

3. Court Reporters: Effective July 1, 2007, licensed court reporters have statutory authority to perform a limited notarial function. They may place any person under oath in the performance of their court reporting duties without having been designated a Notary, justice of the peace or commissioner of deeds (RSA 310-A:181).

4. Attorneys: “Any person admitted to the practice of law in this state may administer an oath or affirmation for the purpose of taking oral testimony” (RSA 456-B:3 IV).

Notarial Acts in U.S. State or Jurisdiction

“I. A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district, or possession of the United States by any of the following persons:
“(a) A notary public of that jurisdiction;
“(b) A judge, clerk, or deputy clerk of a court of that jurisdiction; or
“(c) Any other person authorized by the law of that jurisdiction to perform notarial acts.
“II. Notarial acts performed in other jurisdictions of the United States under federal authority as provided in RSA 456-B:5 have the same effect as if performed by a notarial officer of this state.
“III. The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
“IV. The signature and indicated title of an officer listed in subparagraphs I(a) or (b) conclusively establishes the authority of a holder of that title to perform a notarial act” (RSA 456-B:4).

Notarial Acts Under Federal Law

“I. A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if performed anywhere by any of the following persons under authority granted by the law of the United States:
“(a) A judge, clerk, or deputy clerk of a court;
“(b) A commissioned officer on active duty in the military service of the United States;
“(c) An officer of the foreign service or consular officer of the United States; or
“(d) Any other person authorized by federal law to perform notarial acts.
“II. The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
“III. The signature and indicated title of an officer listed in subparagraphs I(a), (b), or (c) conclusively establishes the authority of a holder of that title to perform a notarial act” (RSA 456-B:5).

Notarial Acts in Foreign State

“I. A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multi-national or international organization by any of the following persons:
“(a) A notary public or notary;
“(b) A judge, clerk, or deputy clerk of a court of record; or
“(c) Any other person authorized by the law of that jurisdiction to perform notarial acts.
“II. An “Apostille” in the form prescribed by the Hague Convention of October 5, 1961, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“III. A certificate by a foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by a foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act set forth in the certificate.
“IV. An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the indicated title.
“V. An official stamp or seal of an officer listed in subparagraph I(a) or (b) is prima facie evidence that a person with the indicated title has authority to perform notarial acts.
“VI. If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established” (RSA 456-B:6).

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Secretary of State

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

“This office cannot certify signatures of town and city clerks, county or state registrars or other state officials. The signatures must be those of a Notary Public or Justice of the Peace for the State of New Hampshire” (website, “Apostilles & Certificates”).

1. Fees: $10 for an authenticating certificate, including an apostille. Check or cash payable to “State of New Hampshire.”
   “If you have 10 or more apostilles/certificates, and will be bringing them to our office and waiting for them, an ADDITIONAL expedited fee of $25 will be charged for every 10 apostilles/certificates needed. (i.e. 10-19 documents/$25; 20-29 documents/$50, etc.)” (website, “Apostilles & Certificates”).

2. Address:
   Office of Secretary of State
   State House, Room 204
   107 North Main Street
   Concord, NH 03301

3. Phone: 603-271-3242

4. Procedure: Mail or present in person the original notarized document, along with the required fee. Mailings should include a letter indicating the country of destination and a telephone number in case there are any questions. An addressed, postage-paid return envelope should also be included. “Each document must have an original Notary Public or Justice of the Peace signature witnessing the signature of the author of the document. If signed by a notary, the notary’s seal must be included in order to be certified by this office” (website, “Apostilles and Certificates”).
   “An apostille record means a vital record document which contains the certification as provided for in the 1961 Hague Convention.… An apostille record shall be prepared in the same manner as required for a certified copy and shall contain the following: the signature of the state registrar or the clerk of the town or city; the notarized acknowledgment of the state registrar or clerk and acknowledgment of the document by the New Hampshire secretary of state, including his or her signature and seal” (RSA 5-C:99).

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