Rhode Island - U.S. Notary Reference

Last Update: June 27, 2025

Notary Jurisdiction

Statewide (RIGL 42-30.1-3 and 36-2-1).

Notary Term Length

Four years (RIGL 42-30-3 and 42-30-4[b]).

Notary Bond

Not required by law.

Notary Seal

Required (RIGL 42-30.1-13).

Notary Journal

Not required by law.

Go to top.

Commissioning Official

In Rhode Island, the “commissioning officer” is the Governor (RIGL 42.30.1-2[3]) while the “commissioning agency” is the Secretary of State (RIGL 42-30.1-2[2]). The Governor will consider the standards of conduct in Executive Order 09-08 in the appointment, reappointment and removal from their commissioned office of Notaries Public (EO Sec. 1[a]). The office of the Secretary of State directly regulates and maintains records on Rhode Island Notaries.

Contact Information

1. Office of the Governor

   1. Address: 82 Smith Street
      Providence, RI 02903

   2. Phone: 1-401-222-2080

   3. Website: www.governor.ri.gov

2. Rhode Island Department of State
   Notary Division

   1. Address: 148 W. River St.
      Providence, RI 02904-2615

   2. Phone: 1-401-222-1487

   3. Website: http://sos.ri.gov/divisions/notary-public

Laws, Rules and Guidelines

1. Laws

   1. Rhode Island General Laws: Most Notary laws are in the Rhode Island General Laws (RIGL) Title 42, Chapter 30.1, “Uniform Law on Notarial Acts”; and Title 34, Chapter 12, “Acknowledgments and Notarial Acts.”

   2. Executive Orders: Executive Order (EO) 09-08, “Standards of Conduct for Notaries Public in the State of Rhode Island and Providence Plantations,” issued by the Rhode Island Governor and Secretary of State April 8, 2009, and amended Oct. 15 and Nov. 18, 2009, prescribes best practices for Notaries. “All notaries public should adhere to these ‘Standards’.… These Standards of Conduct will be considered by the Governor in the appointment, reappointment and removal of notaries public from their commissions” (EO Sec. 1[a]). This Order, which most recently was retitled “Standards of Conduct for Notaries Public in the State of Rhode Island” and revised on September 22, 2022, and other guidance from the Secretary of State is available on the website.

   3. Citations: Citations to the General Laws in this chapter follow this convention: RIGL, title, chapter, and section separated by hyphens and any subsection within the section separated by brackets. Example: RIGL 42-30.1-15[b]. Citations to the EO include EO, Sect. followed by the section number, and any subsection, paragraph or subparagraph within the section separated by brackets. Example: EO Sec. 3[f][i].

2. Rules: Rules of procedure adopted by the Rhode Island Department of Administration for investigating, prosecuting and adjudicating allegations against Notaries Public may be found in the Rhode Island Code of Regulations (RICR), Title 220, Chapter 50, Subchapter 05, Part 2.

3. Guidelines: Guidelines for Notaries Public are found in the Notary Public Manual (July, 2024) (NPM), and Electronic Notarization Standards (ENS), available on the Secretary of State’s website.

Go to top.

Commission Process

1. Qualifications: An applicant for a commission as a Rhode Island Notary Public must be (RIGL 42-30.1-15[b]):
   (a) 18 years of age;
   (b) a citizen or permanent resident of the United States;
   (c) a Rhode Island resident or have a place of employment or practice within the state;
   (d) able to read and write English;
   (e) not be disqualified for a commission under RIGL 42-30.1-16 and
   (f) demonstrate sufficient knowledge of the powers and duties of a Notary under RIGL Title 42, Chapter 30.1.
   An attorney who is a member of the Rhode Island Bar and a resident or non-resident of Rhode Island or a certified public accountant who is a resident or non-resident of Rhode Island may apply for a commission as a Notary Public (RIGL 42-30.1-15[c]).
   State senators, state representatives, members of a city or town council, chief, deputy, and assistant clerk of any state court, clerks of the board of canvassers and workers’ compensation court, municipal clerks and the board of canvassers registrar may be appointed a Notary following election, appointment or hiring, and upon application and presentment of reasonable evidence of the office or employment. These individuals are exempt from paying the application fee for a commission and retain their appointment throughout the uninterrupted duration and term of office, appointment, or employment (RIGL 42-30.1-15[d]).

2. Knowledge of the Powers and Duties of a Notary: The Secretary of State urges all applicants to do the following to demonstrate they have sufficient knowledge of the powers and duties of a Notary under RIGL Title 42, Chapter 30.1 (RIGL 24-30.1-15[b][6]).

   1. Notary Manual, Laws, Standards: Applicants should review the Notary Public Manual, Rhode Island General Laws applicable to Notaries Public, and the Standards of Conduct for Notaries Public in the State of Rhode Island. Links to these resources are available on the Secretary of State’s website (website, “Apply for a New Commission”).

   2. Notary Training: Applicants should take the free Notary training course (link) provided by the Secretary of State. The provided link shows the dates the course is scheduled for the current month. The course is an online course that is two hours in length. Rhode Island attorneys and Certified Public Accountants can earn two hours of continuing education by attending (website, “Apply for a New Commission”). Applicants should click on the link in the day and time of the month they want to attend for another link to register for the training via Zoom.

   3. Knowledge Assessment: Applicants should take the Notary Knowledge Assessment (link) and score 80% or better.

3. Application

   1. Citizen or Permanent Resident: Applicants must attest that they are United States citizens or permanent residents of the United States.

   2. Attorneys: An attorney must include with the application the attorney’s Rhode Island Bar registration number a copy of his or her current Rhode Island Bar card or a certified copy of the Certificate of Admission to the Rhode Island Bar.

   3. Certified Public Accountants: An applicant who is a certified public accountant may instead present a certified copy of the applicant’s Certificate of Public Accountancy.

   4. Oath: On the application, the applicant must swear or affirm the oath of office and sign the oath in the presence of a Rhode Island Notary, who will indicate whether the applicant was “personally known by me” or “proved through satisfactory evidence of identification.”

   5. Fee: The application filing fee is $80. Typically, a qualified applicant will receive a new Notary commission in 3-5 business days (website, “Apply for a New Commission”).

4. Background Screening: Not required.

5. Non-Residents: Out-of-state residents who conduct business on a regular basis within Rhode Island or are members of the Rhode Island Bar or certified public accountants may qualify to become Notaries in Rhode Island (RIGL 42-30.1-15[a][c]).

6. Reappointment: “Approximately two months prior to the notary commission expiration date, a courtesy renewal notice is mailed to the notary’s address of record with our office. The renewal application should be received in our office before the commission expiration date to maintain the same expiration
   day and month. Failure to return the renewal form before the expiration date will result in a new commission expiration date. Once the renewal application is processed, a new Commission Certificate for a four-year term will be issued and mailed to the notary. NOTE: Renewal applications will ONLY be processed two months prior to the expiration date” (NPM).

7. No Immunity or Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees” (RIGL 42-30.1-15[h]).

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 commissioning agency 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 commissioning agency has established standards for approval of technology, the technology must conform to the standards. If the technology conforms to the standards, the commissioning agency shall approve the use of the technology” (RIGL 42-30.1-14[b]).

   1. Sample Electronic Signature and Stamp: “The notary must register and provide a sample of the notary’s signature and official electronic stamp in addition to the eNotary capability they intend to use with the Rhode Island Department of State before performing any notary act” (EO Sec. 3[l][1]).

   2. Application: In registering the capability of performing electronic notarial acts, a Notary must provide the following information:
      (a) The applicant’s name as currently commissioned, complete mailing address, and commission expiration date;
      (b) The electronic technology or technologies to be used in attaching or logically associating an electronic notarial signature, stamp and certificate to an electronic record;
      (c) an exemplar of the notary’s electronic signature and official electronic stamp;
      (d) any necessary instructions techniques supplied by the vendor that allow the notary’s electronic signature and official electronic stamp to be read. The viewer/reader must be free and readily available to enable all parties relying on the electronically notarized record or document to view the electronic Notary signature and the electronic Notary stamp without incurring any cost (ENS, Registration Requirements, 2).

   3. New Technology: “Such registration shall be with the Commissioning Agency every time a notary public adopts a new or additional technology with which to perform electronic notarial acts” (ENS, Registration Requirements, 1).

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 commissioning agency 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 commissioning agency has established standards under subsection (g) of this section for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards” (RIGL 42-30.1-12.1[f]).

Online Search

The full name, city or town, commission expiration date and Notary ID number of any Rhode Island Notary may be obtained online by entering the Notary’s ID number or name on the “Notary Public and Justice of the Peace Status Lookup” page of the Secretary of State’s website.

Jurisdiction

A notarial act may be performed in this state by: … [a] notary public of this state” (RIGL 42-30.1-15[a][1]).

Term Length

1. Four Years: “On compliance with [RIGL 42-30.1-15], the commissioning officer shall issue a commission as a notary public to an applicant for a term of four (4) years” (RIGL 42-30.1-15[f]).

2. Grace Period: “Every notary public appointed by the commissioning officer and not reappointed may continue to officiate for a space of thirty (30) days after the date on which his or her commission expires” (RIGL 42-30.1-15[g]).

Bond

Not required.

Changes of Status

1. Address or Name Change

   1. Filing Timeframe: “Within 10 days after the change of a notary public’s residence or name, the notary should file with the Rhode Island Department of State, Notary Public Section, a Notary Public Information Update form. The required forms can be obtained from the Notary Public Section, 148 W. River Street, Providence, RI 02904 or www.sos.ri.gov (EO Sec. 5).

   2. Fee: There is no charge for the change. Any notice of address change should be mailed to the state at least two months prior to commission expiration in order to ensure timely receipt of a commission renewal reminder from the state.

   3. Notarization: The Notary’s signature on the form must be notarized by another Notary. Upon receipt of the form, the state will send to the Notary a revised commission bearing the new name.

2. Resignation or Death

   1. Notification: A Notary who resigns his or her commission should send the Rhode Island Department of State a signed notice indicating the effective date of the resignation. The notice may be sent “by any means that provides a tangible receipt or acknowledgment, including certified mail and electronic transmission” (EO Sec. 6[b]).
      If a Notary Public dies during the term of his or her commission, the Notary’s personal representative should notify the Secretary of State’s office of the death in writing as soon as reasonably practical after the death (EO Sec. 6[c]).

   2. Destroy Seals: In addition, the resigning Notary should “destroy or deface all notary stamps so that they may not be used” (EO Sec. 7[a]). If the Notary used a journal of notarial acts, the Notary should retain the journal and records for seven years from the date of resignation (EO Sec. 7[b]).
      The Notary’s personal representative should also destroy or deface all Notary seals or stamps so that they are unusable and should retain any journal(s) of notarial acts and records for seven years (EO Sec. 7[b]).

3. Electronic Notaries

   1. Notification: “A notary public shall notify the Commissioning Agency in writing, by way of mail, in-person delivery or email, within five (5) business days of a change of their email address” (ENS, Registration Requirements, 4).

   2. Filing Timeframe: “[A] notary public registered as an electronic notary shall notify the Commissioning Agency within five (5) days of changes, modifications or updates to information previously submitted relative to their capability/solution” (ENS, Registration Requirements, 2[f]).

Go to top.

Authorized Acts

1. Notarial Acts: Rhode Island Notaries are authorized to perform the following notarial acts (RIGL 42-30.1-2[10]) and EO Sec. 3[a]):

   1. Take acknowledgments;

   2. Administer oaths and affirmations;

   3. Take verifications on oath or affirmation;

   4. Witness or attest signatures;

   5. Certify or attest copies;

   6. Issue subpoenas to summon witnesses (RIGL 9-17-3);

   7. Take depositions (RIGL 9-18-1); and

   8. Execute protests.

2. In-Person Electronic and Remote Notarial Acts: Rhode Island Notaries who have notified the Secretary of State that they will be performing technology-based notarial acts may perform any of the notarial acts listed above electronically or remotely.

Acknowledgments

1. Definitions

   1. Acknowledgment: “‘Acknowledgment" means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record 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 in the record” (RIGL 42-30.1-2[1]).

   2. In a Representative Capacity: “'In a representative capacity' means acting as:
      ”(i) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
      ”(ii) A public officer, personal representative, guardian, or other representative, in the capacity stated in a record;
      ”(iii) An agent or attorney in fact for a principal; or
      ”(iv) An authorized representative of another in any other capacity” (RIGL 42-30.1-2[9]).

2. Requirements

   1. Identity of Signer: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed….” (RIGL 42-30.1-4[a]).

   2. Signature of Signer: A notarial officer who takes an acknowledgment of a record shall determine …. that the signature on the record is the signature of the individual” (RIGL 42-30.1-4[a]).

   3. Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (RIGL 42-30.1-2[1]):

      1. Signature: The individual must acknowledge that “the individual signed a record for the purpose stated in the record….”

      2. Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.”

Oaths and Affirmations

1. Definitions

   1. Oath: “‘Oath’ means a notarial act, or part thereof, which is legally equivalent to an affirmation, and in which an individual, at a single time and place:
      “1. appears in person before the notary public;
      “2. is personally known to the notary public or is identified by the notary through satisfactory evidence of identity; and
      “3. makes a vow of truthfulness or fidelity under the pains and penalties of perjury by invoking a deity or using any form of the word ‘swear’” (EO Sec. 2[j]).

   2. “Affirmation: “‘Affirmation’ means a notarial act, or part thereof, that is legally equivalent to an oath in which an individual, at a single time and place:
      “1. appears in person before the notary public;
      “2. is personally known to the notary public or is identified by the notary through satisfactory evidence of identity; and
      “3. makes a vow of truthfulness or fidelity under the pains and penalties of perjury based on personal honor and without invoking a deity or using any form of the word ‘swear’” (EO Sec. 2[a]).

Verifications

1. Definition

   1. Verification on Oath or Affirmation: “‘Verification on oath or affirmation’ means a declaration that a statement in a record is true, made by an individual under oath or by affirmation before a notarial officer” (RIGL 42-30.1-2[22]).

   2. Jurat:

2. Requirements

   1. Identity of Signer: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and making the verification has the identity claimed….” (RIGL 42-30.1-4[b]).

   2. Signature of Signer: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine …. that the signature on the statement verified is the signature of the individual” (RIGL 42-30.1-4[b]).

   3. Witness Signature: The certificate of notarial act for a jurat (EO Sec. 3[f][ii]) states, “Subscribed to and sworn to (or affirmed) before me,” indicating that the Notary must witness the signature of the person for whom a jurat is performed.

   4. Oath/Affirmation: The certificate of notarial act for a jurat (EO Sec. 3[f][ii]) states, “Subscribed to and sworn to (or affirmed) before me,” indicating that the Notary must administer an oath or affirmation to the person for whom a jurat is performed.

Signature Witnessings

1. Definition: “‘Signature witnessing’ means a notarial act in which an individual, at a single time and place:
   “1. appears in person before the notary public and presents a document;
   “2. is personally known to the notary public or is identified by the notary through satisfactory evidence of the identity; and
   “3. signs the document in the presence of the notary public” (EO Sec. 2[q]).

2. Requirements:

   1. Identity of Signer: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and signing the record has the identity claimed” (RIGL 42-30.1-4[c]).

   2. Witness Signature: The certificate of notarial act for a jurat (EO Sec. 3[f][iii]) states, “before me, the undersigned notary public, personally appeared (name of document signer), and proved through satisfactory evidence of identification, to be the person whose name is signed on document in my presence,: indicating that the Notary must witness the signature of the person for whom a jurat is performed.

Copy Certifications

1. Definition: “‘Copy certification’ means a notarial act in which a notary public:
   “1. is presented with a document that is neither a vital record, a public record nor publicly recordable; and
   “2. copies or supervises the copying of the document using a photographic or electronic copying process; or
   “3. compares the document to the copy; and
   “4. determines that the copy is accurate and complete; and
   “5. applies an acknowledgment to the document owner’s signature attesting to the above-listed facts” (EO Sec. 2[c]).

2. Requirements: “A notary public should not perform a notarial act if … the document presented for certification is a vital record, a public record or a publicly recordable document that is available as a certified copy from an official source other than a notary public” (EO Sec. 4[a][1]).

3. Tangible Copy of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record” (RIGL 42-30.1-3[b]).

Summoning Witnesses

1. Definition: “A subpoena is an order that requires its recipient to appear before a court” (NPM).

2. Authority: “(J)ustices of the peace and notaries public may issue subpoenas to witnesses in any case, civil or criminal, before any court, and in any matter before any body or person authorized by law to summon witnesses” (RIGL 9-17-3).
   “Notaries public and justices of the peace may issue subpoenas returnable before the traffic tribunal to the same extent that they are authorized to do so in civil cases pending before the district court” (GI 8-8.2-4).

Depositions

1. Definition: A deposition is a signed transcript of an oral statement made by an individual (the ‘deponent’) for use in a legal matter” (NPM).

2. Authority: “Any justice of the supreme or superior or family court, justice of the peace, or notary public may take the deposition of any witness to be used in the trial of any civil suit, action, petition, or proceeding in which he or she is not interested, nor counsel, nor the attorney of either party, and which shall then be commenced or pending in this state, or in any other state, or in the District of Columbia, or in any territory, government, or country” (RIGL 9-18-1).
   “RI notaries public are empowered to take depositions of witnesses to be used in the trial of any civil suit, action, petition, or proceeding in which they are not an interested party, counsel, or the attorney of either party per RIGL 9-18-1” (NPM).

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice-consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (RIGL 6A-3-505[b]).

2. Requirements: [A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (RIGL 6A-3-505[b]).

In-Person Electronic Notarial Acts

Definition: “'Electronic Notarial Act and Notarization' means a notarial act or notarization, by a Rhode Island notary public who has registered to perform electronic notarial acts, on or involving an electronic record and using electronic means authorized by the Commissioning Agency and the Commissioning Officer or the laws of the jurisdiction of appointment” (ENS, Definitions 6).

Go to top.

Laws Supersede Executive Order

“Nothing in these Standards of Conduct supersedes the provisions of any court rule, including court forms; the Rhode Island General Laws, including but not limited to Title 42, Chapter 30.1 (the ‘Uniform Law on Notarial Acts’); any Federal statute; or any regulation adopted pursuant to The Rhode Island General Laws or Federal statute” (EO Sec. 1[b]).

Personal Appearance

1. Definition: “For purposes of this section, personal appearance means that the principal and the notary public communicate by communication technology at the time of the notarization; or that the principal and notary public are physically close enough to communicate with each other at the time of notarization” (RIGL 42-30.1-5).
   “‘Personal appearance’, ‘in person’ or ‘appear personally' means that the principal and the notary public can communicate simultaneously by sight and sound through an electronic device or process at the time of the notarization; or that the principal and notary public are physically close enough to see, hear, and communicate with each other at the time of notarization” (EO Sec. 2[k]).

2. Notarial Acts: “If a notarial act relates to a statement made in, or a signature executed upon, a record, the individual making the statement or executing the signature shall appear personally before the notarial officer” (RIGL 42-30.1-5).

3. In-Person Electronic Notarial Acts: “A notary public shall not perform an electronic notarization if the document signer does not appear in person before the notary public at the time of the electronic notarization” (ENS, Physical Appearance Requirement, 1).

4. Remote Notarial Acts: “A remotely located individual may comply with [RIGL] § 42-30.1-5 by using communication technology to appear before a notary public” (RIGL 42-30.1-12.1[a]).

Identification

1. Notarial Acts

   1. Requirement: In taking an acknowledgment or verification on oath or affirmation, or in witnessing or attesting to a signature, a notarial officer must determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer for any of these notarial acts has the identity claimed (RIGL 42-30.1-4[a]-[c]).

   2. Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the notarial officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (RIGL 42-30.1-6[a]).

   3. Satisfactory Evidence: “A notarial officer has satisfactory evidence if the notarial officer can identify the individual appearing before the officer by any of the following:

      1. Written Identification: A passport, driver's license, or government-issued, non-driver identification card, that is current or expired not more than 3 years before performance of the notarial act; or another form of government identification issued to an individual, that is current or expired not more than three 3 years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the notarial officer (RIGL 42-30.1-6[b][1]).

      2. Credible Witness: By a verification on oath or affirmation of a credible witness personally appearing before the notarial 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 or expired not more than 3 years before performance of the notarial act (RIGL 42-30.1-6[b][2]).

   4. Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the notarial officer of the identity of the individual” (RIGL 42-30.1-6[c]).

2. In-Person Electronic Notarial Acts: “The methods for identifying document signers for an electronic notarization are the same as the methods required for a paper-based notarization (RIGL § 42-30.1-6)” (ENS, Physical Appearance Requirement, 2).

3. Remote Notarial Acts

   1. Definition: “'Identity proofing' means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (RIGL 42-30.1-2[8]).

   2. Requirement: A Notary Public located in Rhode Island may perform a notarial act using communication technology for a remotely located individual if the Notary is able to identify the remotely located individual by one of the following:

      1. Personal Knowledge: The Notary’s personal knowledge of the remotely located individual (RIGL 42-30.1-12.1[b][1])[i]).

      2. Credible Witness: The oath or affirmation appearing before the Notary Public under IRGL 42-30.1-6(b)(2) (RIGL 42-30.1-12.1[b][1])[ii]).

      3. Identity Proofing: By using at least two 2 different types of identity proofing” (RIGL 42-30.1-12.1[b][1][iii]).

‘Standard Operating Procedure’

“Each notary public should develop and adhere to his or her own ‘standard operating procedure’ when notarizing instruments. This will benefit the notary if he or she is ever required to testify as to how a particular instrument was notarized” (EO Sec. 3[e]).

Refusal of Services

1. Statutory Grounds

   1. Competence of Signer: A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that the individual executing the record is competent or has the capacity to execute the record (RIGL 42-30.1-7[a][1]).

   2. Willingness of Signer: A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that the individual's signature is knowingly and voluntarily made” (RIGL 42-30.1-7[a][2]).

2. Other Specific Grounds: “A notary public may refuse to perform a notarial act if:
   “• The signer is not physically present;
   “• The signer cannot be adequately identified;
   “• The signer is unwilling to swear or affirm to the contents of the document presented for notarizations that require an oath or affirmation;
   “• The principal has a demeanor that causes the notary public to have a compelling doubt about whether the principal knows the consequences of the transaction or document requiring the notarial act;
   “• If in the notary’s judgment, the principal is not acting of their own free will;
   “• If the notary public knows that the document contains information known or believed by the notary to be false;
   “• If the notary knows there is intent to deceive or defraud;
   “• If the notary knows the notarial act or associated transaction is unlawful;
   “• If the act is prohibited by other applicable law;
   “• If the number of notarial acts requested practicably precludes completion of all acts at once, in which case the notary public shall arrange for later completion of the remaining acts” (NPM).

3. General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter” (RIGL 42-30.1-7[b]).

Employers and Employees

“A notary public owns their commission, stamp and journal regardless of whether or not their employer paid for said commission and notary tools. This means that the notary must keep their stamp and journal under their control at all times and not surrender them to anyone, including an employer. Also, a notary public must always follow RI General Law and the Standards of Conduct for Notaries when notarizing including physical appearance. Employers cannot prohibit a notary from performing their duties nor limit when a notary may perform notarial acts” (NPM).

Incomplete Documents

1. Prohibition: “A notary public should not notarize a signature on a blank or incomplete document….” (EO Sec. 4[g]).

2. Exception: The prohibition against notarizing a signature on a blank or incomplete document does not apply “in connection with a commercial, non-consumer transaction, a notary may deliver a signed, stamped, or signed and stamped notarial certificate to an attorney with the understanding that:
   “(1) the attorney will attach the certificate to a document outside of the notary's presence; and
   “(2) the attorney will hold such notarial certificate in escrow; and
   “(3) the attorney informs the notary that the attorney will obtain the approval of the principal or principals involved before attaching the certificate to the document” (EO Sec. 4[g]).

Accommodating Signers with Special Needs

1. Signature by Mark: “A notary public may certify the affixation of a signature by mark on a document
   presented for notarization if:
   “1. the principal affixes the mark in the presence of the notary public and of 2 witnesses unaffected by the document;
   “2. both witnesses sign their own names beside the mark;
   “3. the notary public writes below the mark: ‘Mark affixed by (name of signer by mark) in the presence of (names and addresses of witnesses) and undersigned notary’; and
   “4. the notary public notarizes the signature by mark through an acknowledgment, jurat or signature witnessing” (EO Sec. 3[g]).

2. Signature by Proxy

   1. RIGL Provision: “If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert ‘Signature affixed by (name of other individual) at the direction of (name of individual)’ or words of similar import” (RIGL 42-30.1-8).

   2. EO Provision: “The notary public may sign the name of a principal who is physically unable to sign or make a mark on a document presented for notarization if:
      “1. the principal directs the notary public to do so in the presence of 2 witnesses who are unaffected by the document;
      “2. the principal does not have a demeanor that causes the notary public to have a compelling doubt about whether the principal knows the consequences of the transaction requiring the notarial act;
      “3. in the notary public’s judgment, the principal is acting of his or her own free will;
      “4. the notary public signs the principal’s name in the presence of the principal and the witnesses;
      “5. both witnesses sign their own names beside the signature;
      “6. the notary public writes below the signature: ‘Signature affixed by notary public in the presence of (names and addresses of principal and 2 witnesses)’; and
      “7. the notary public notarizes the signature through an acknowledgment, jurat or signature witnessing” (EO Sec. 3[h]).

3. Blind Signers: “The notary public should read the document to the signer before performing the notarial act. The notary may wish to add a statement in their notarial certificate indicating the following: ‘I further certify that I read the document to (name of signer) prior to notarization.’ Unless the notary is also an attorney, the notary cannot advise the person about the contents of the document; however, they may re-read any portion of the document to the person” (NPM).

4. Hearing-Impaired Signers: “Unless the notary and the signer are competent in sign language, they should communicate in writing. The notary should write a comment in their journal regarding how they communicated with the signer” (NPM).

5. Illiterate Signers: “The notary should read the document to the document signer before performing the notarial act. The notary should add a statement to the notarial certificate substantially similar to, ‘I certify that I read the document to (name of signer) prior to performing the notarial act’” (NPM).

Disqualifying Interest

1. Personal: A Notary should not perform a notarial act if:

   1. “[T]he notary public is a party to or is named in the document that is to be notarized, except that a
      notary may notarize a document if the notary is named in the document for the sole purpose of receiving notices relating to the document and except that a notary who is licensed as an attorney in the State of Rhode Island and is named as an executor, trustee or in any fiduciary capacity in a document, or employees of such attorney, may perform notarial acts concerning such document” (EO Sec. 4[a][2].

   2. “[T]he notary public will receive as a direct result of the notarial act any commission, fee,
      advantage, right, title, interest, cash, property or other consideration exceeding in value the fees set forth in these Standards of Conduct or has any financial interest in the subject matter of the document. This section shall not preclude [notarization by] a notary who is licensed as an attorney in the State of Rhode Island or any employee of such attorney where the attorney receives a legal fee for professional legal services rendered in connection with such document….” (EO Sec. 4[a][3]).

2. Relatives: “A notary public should not perform a notarial act if … the notary public is a spouse, domestic partner, parent, guardian, child or sibling of the principal, including in-law, step, or half relatives, except where such persons witness a will or other legal document prepared by the notary who is an attorney licensed in the State of Rhode Island” (EO Sec. 4[a][3]).

Unauthorized Practice of Law

1. No Authority: “A commission as a notary public does not authorize an individual to:
   “(1) Assist persons in drafting legal records, give legal advice, or otherwise practice law;
   “(2) Act as an immigration consultant or an expert on immigration matters;
   “(3) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or
   “(4) Receive compensation for performing any of the activities listed in this subsection” (RIGL 42- 30.1-18[a]).

2. Legality of Document: “A notary public has neither the duty nor the authority to investigate, ascertain or attest to the lawfulness, propriety, accuracy or truthfulness of a document or transaction involving a notarial act” (EO Sec. 3[c]).

Foreign Languages

1. Foreign-Language Documents: “A notary public may notarize a document in a foreign language even if the notary does not understand the language of the document. However, the notarial certificate must be in English or other language the notary public reads and writes. The letters and characters in the document’s signature and in any ID document presented must also be understood by the notary” (NPM).

2. Foreign-Language Signers: “It is important that the notary be able to communicate with the signer…”

   1. Translation: “The nature and effect of the document should be translated into a language that the person does understand. The translation does not need to be in written form; an oral translation is sufficient” (NPM).

   2. Interpreters: “If the notary speaks the language of the signer, the notarization may proceed, if not, an interpreter may be used. Best practices strongly suggest that the notary should administer an oath or affirmation to the interpreter attesting to the accuracy of the translation” (NPM).

   3. Notarial Certificate: “The notary should add a statement in their notarial certificate noting that a translator was used by writing something substantially similar to: “I certify that the nature and effect of the document was translated for (name of signer) by (name of translator) before notarization” (NPM).

Advertisements

1. False or Deceptive Advertising: “A notary public may not engage in false or deceptive advertising” (RIGL 42-30.1-18[b]).

2. Use of ‘Notario’: “A notary public, other than an attorney licensed to practice law in this state, may not use the term ‘notario’ or ‘notario publico’” (RIGL 42-30.1-18[c]).

3. Mandatory Notice: A notary public, other than an attorney licensed to practice law in this state, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the commissioning agency, in the advertisement or representation, prominently and in each language used in the advertisement or representation: ‘I am not an attorney licensed to practice law in this state. I am not licensed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.’ If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (RIGL 42-30.1-18[d]).

Powers of Attorney

1. Acknowledgment Authorized: In 2006, the statutory form for a durable power of attorney for health care was amended to allow its acknowledgment before a Notary as an alternative to being witnessed by, or acknowledged before, two adult witnesses. Neither the Notary nor the two witnesses may be the designated health-care agent or the alternative agent, a health-care provider or the employee of such, or the operator of a community care facility or the employee of such (RIGL 23-4.10-2) (see “Certificate for Durable Power of Attorney for Health Care” under “Certificate of Notarial Act” below).

2. Authority of Signer: “If a signer indicates that they have power of attorney over the grantor the document should be signed as attorney-in-fact: for example, John Doe as attorney-in-fact for Betty Smith. It is strongly recommended as a best practice, that the notary verify the authority of the signer by requesting a copy of the power of attorney. Note the capacity of the signer in the notarial certificate” (NPM).

Wills and ‘Living Wills’

1. Definitions

   1. Will: “A will is a document providing instructions for the disposition of a signer’s estate and finances after the signer’s death” (NPM).

   2. Living Will: A living will is a written statement of a signer’s wishes concerning medical treatment in the event the signer’s health condition prevents the individual from providing instructions on their own behalf” NPM).

2. Carefulness with Wills: “Notarizing a will is a serious matter because of the importance and complexity of the document. Notaries should be careful when asked to notarize a will. A document presented to a notary as a will should be notarized only if clear instructions and the appropriate notarial certificates are provided to the notary. Performing a notarial act on its own does not make a will ‘legal’ or ‘valid’ and it is important that notaries do not offer any advice regarding preparation or the legal effects of a will. A notary may not determine what type of notarial act or certificate is needed for a will, even if asked to do so by the signer. Such questions should be referred to a qualified attorney” (NPM).

3. Notarizing Living Will: “A ‘living will’ may be notarized in the standard manner. All practices required by law or RI Notary Public Standards of Conduct, such as the signer appearing in person before the notary and being positively identified, should be followed” (NPM).

Certified Translations

“A notary public has no authority to certify translations. If a notary public has the ability to prepare translations of documents from one language to another, they may not notarize any documents that they themselves have translated. The accuracy of the translation can be made under oath, but the oath and notarial certificate must be completed by another notary, or by another person authorized to administer oaths. The notary cannot perform both acts in connection with the same document” (NPM).

Undue Influence

A Notary should not influence a person either to enter into or avoid a transaction involving a notarial act by the Notary, except in two situations:

1. Advice Authorized: The Notary may provide advice relating to that transaction if he or she is “duly qualified, trained or experienced in a particular industry or professional field” (EO Sec. 4[c]).

2. Advice Against Transaction: The Notary may advise against a transaction if he or she “knows or has good reason to believe that the associated transaction is unlawful” (EO Sec. 4[i]).

Deceive or Defraud

“A notary public should not perform any official act with the intent to deceive or defraud” (EO Sec. 4[h]).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: Effective July 13, 2000, Rhode Island adopted the Uniform Electronic Transactions Act (RIGL 42- 127.1-1 through 42.127.1-20), including the 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” (RIGL 42-127.1-11).

   2. Uniform Real Property Electronic Recording Act: Effective January 1, 2019, Rhode Island adopted the Uniform Real Property Electronic Recording Act (RIGL 34-13.2-1 through 34-13.2-6), including the following provision on the notarization of electronic real property documents: “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” (RIGL 34-13.2-3[c]).

   3. Revised Uniform Law on Notarial Acts: Effective January 1, 2019, Rhode Island adopted the Revised Uniform Law on Notarial Acts, putting in place provisions enabling the performance of notarial acts with respect to electronic records. These provisions are summarized below.

   4. Executive Order 09-08: The Order, entitled “Standards of Conduct for Notaries Public in the State of Rhode Island and Providence Plantations,” issued by the Rhode Island Governor and Secretary of State, was most recently was revised on April 3, 2020. The applicable provisions of the Order are summarized below.

2. Technology Systems

   1. Approval of System Providers: Required. “A notary may perform electronic notarizations with software approved by the Rhode Island Department of State pursuant to Section 42-30.1-14 of the Rhode Island General Laws” (EO Sec. 3[l][1]).
      “The capability/solution shall comply with the laws, policies, rules and standards that govern Rhode Island notaries” (ENS, Registration Requirements, 2(e)).

   2. List of System Providers: The Secretary of State provides an approved list of technology providers for use by Notaries at https://www.sos.ri.gov/Divisions/NotaryPublic/BecomeRemoteNotary.

3. Tamper-Evident Technology

   1. Definition: “'Tamper-evident' means that any changes to an electronic record shall display evidence of the change” (ENS, Definitions 15).

   2. Selection by Notary: “A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected” (RIGL 42-30.1-14[a]).

   3. Standards: “If the commissioning agency has established standards for approval of technology, the technology must conform to the standards. If the technology conforms to the standards, the commissioning agency shall approve the use of the technology” (RIGL 42-30.1-14[b]).

4. All Notary Laws Apply

   1. All Requirements: “All requirements and elements of paper-based notarization apply to electronic notarizations” (EO Sec. 3[l][2]).

   2. All Liability, Sanctions: “The liability, sanctions, and remedies for the improper performance of electronic notarial acts are the same as described and provided by law for the improper performance of non-electronic notarial acts” (EO Sec. 3[l][3]).

5. Non-Repudiation of Electronic Notarial Acts

   1. Definition: "'Non-repudiation' means the inability of the signer of an electronic record to deny their electronic signature without factual basis” (ENS, Definitions 10).

   2. Requirements: “Electronic notarial acts need to fulfill certain basic requirements to ensure non-repudiation and the capability of being authenticated by the Rhode Island Department of State for purposes of issuing Apostilles and Certificates of Authentication. They are as follows: a) the fact of the notarial act, including the notary's identity, signature, and commission status, shall be verifiable by the Rhode Island Department of State and b) the notarized electronic record will be rendered ineligible for authentication by the Rhode Island Department of State if it is improperly modified after the time of notarization, including any unauthorized alterations to the document content, the electronic notarial certificate, the notary public's electronic signature, and/or the notary public's official electronic stamp” (ENS, Requirements for Authenticating the Notarial Act, 1).

Remote Notarial Acts

1. Applicable Law: Rhode Island General Laws Sections 42-30.1-12.1 and 42-30.1-12.2: Effective June 30, 2022, provisions on remote notarization were added to Rhode Island’s Notary statutes. Those rules are summarized below.

2. Technology Systems

   1. Approval of System Providers: Required.

   2. List of System Providers: The Secretary of State provides an approved list of technology providers for use by Notaries at https://www.sos.ri.gov/Divisions/NotaryPublic/BecomeRemoteNotary .

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 reasonably able 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” (RIGL 42-30.1-12.1[b][2]).

4. Principal Located 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 … [f]or a remotely located individual located outside the United States: “(i) The record: “(A) Shall 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 “(ii) 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” (RIGL 42-30.1-12.1[b][4]).