Rhode Island - U.S. Notary Reference

Last Update: March 26, 2024

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.

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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: Many 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.”
   Executive Order 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 the ‘Standards’.… These standards 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.

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: Other guidelines for Notaries Public are found in the Notary Public Manual (January, 2023) (NPM), and Electronic Notarization Standards (ENS), available on the Secretary of State’s website.

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Commission Process

1. Qualifications: An applicant for a commission as a Rhode Island Notary Public must be:
   (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. Application: Applicants must attest that they are United States citizens or permanent residents of the United States. 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. An applicant who is a certified public accountant (CPA) may instead present a certified copy of the applicant’s Certificate of Public Accountancy. 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.” The application filing fee is $80. Typically, a qualified applicant will receive a new Notary commission in about a week (website, “Become a Notary Public”).

3. Background Screening: Not required.

4. 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 42-30.1-1[a]).

5. 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).

6. 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]).

Term Length

“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]).

Bond

Not required.

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]).

Changes of Status

1. Address or Name Change: “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, which may be obtained from the Notary Public Section, 148 W. River Street, Providence, RI 02904 or http://www.sos.ri.gov (EO Sec. 5). 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.
   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: When a Notary ceases to meet the statutory qualifications, or when a Notary becomes permanently unable to perform his or her notarial duties, that Notary should resign his or her commission (EO Sec. 6[a]).
   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]).
   In addition, the resigning Notary should “destroy or deface all notary seals or 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]).
   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]). 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: “[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]).

   “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).

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Authorized Acts

1. Notarial Acts: Rhode Island Notaries are authorized to perform the following notarial acts (RIGL 42-30.1-2[7]) 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. Definition: “‘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. Requirements: 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 and that the signature on the record is the signature of the individual” (RIGL 42-30.1-4[a]).

Oaths and Affirmations

1. Definitions

   1. “‘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[i]).

   2. “‘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: “‘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[17]).

2. Requirements: “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 and that the signature on the statement verified is the signature of the individual” (RIGL 42-30.1-4[b]).

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: “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]).

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 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).

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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 Act’); 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 are physically close enough to see, hear, communicate with and hand identification documents to each other” (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. 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]).

   2. Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the notarial officer can identify the individual:
      “(1) By means of:
      “(i) A passport, driver's license, or government-issued, non-driver identification card, that is current or expired not more than three (3) years before performance of the notarial act; or
      “(ii) 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…”
      “(2) 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 three (3) years before performance of the notarial act” (RIGL 42-30.1-6[b]).

   3. 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 this state may perform a notarial act using communication technology for a remotely located individual if … [t]he notary public:
      “(i) Has personal knowledge under § 42-30.1-6(a) of the identity of the individual;
      “(ii) 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 § 42-30.1-6(b)(2); or
      “(iii) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least two (2) different types of identity proofing” (RIGL 42-30.1-12.1[b][1]).

‘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. Specific Grounds: A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that:
   “(1) The individual executing the record is competent or has the capacity to execute the record; or
   “(2) The individual's signature is knowingly and voluntarily made” (RIGL 42-30.1-7[a]).
   “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).

2. 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, seal and journal regardless of whether or not their employer paid for said commission. This means that the notary must keep their seal 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 RI Notary Public Standards of Conduct 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

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

Awareness or Competence

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

Willingness or Coercion

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

Reasonable Accommodations

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: “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).
   “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[g], [h]).

3. 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).

4. 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…” “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.
   “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.”
   “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).

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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

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.

“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’

“A will is a document providing instructions for the disposition of a signer’s estate and finances after the signer’s death. 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).

“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).

“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. 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. 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 Rhode Island Secretary of State provides a list of technology providers approved for use by Rhode Island 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 of 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” (RIGL 42-30.1-14[a]).

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 Rhode Island Secretary of State provides a list of technology providers approved for use by Rhode Island 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]).

5. Audiovisual Recording: For the requirement that a Notary Public create and maintain an audiovisual recording of each remote notarial act, see “Records of Notarial Acts,” below.

Discrimination

“A notary public should not refuse to perform a notarial act solely based on the principal’s race, advanced age, gender, sexual orientation, religion, national origin, health or disability” (EO Sec. 4[b]).

Withholding Records

“Except as otherwise allowed by law, a notary public may not withhold access to, or possession of, an original record provided by a person that seeks performance of a notarial act by the notary public” (GL 42-30.1-18[e]).

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Definition

“‘Notarial Certificate’ and ‘Certificate’ means the part of, or an attachment to, a notarized document that is completed by the notary public, bears the notary’s signature and seal and states the facts attested by the notary in a particular notarization” (EO Sec. 2[h]).

Acknowledgment Certificate Requirement

“Acknowledgment of any instrument hereafter made need not be in any set form, but shall be made by all the parties executing the instrument and the certificate thereof shall express the ideas that the parties were each and all known to the magistrate taking the acknowledgment, and known by the magistrate to be the parties executing the instrument, and that they acknowledge the instrument to be their free act and deed; provided, however, that in case of any such instrument executed without this state, and within the limits of the United States or of any dependency thereof, if the instrument is acknowledged or proved in the manner prescribed by the law of the state, District of Columbia, territory or such dependency, where executed, it shall be deemed to be legally executed, and acknowledged and shall have the same effect as if executed and acknowledged in the mode above prescribed, including an acknowledgment by less than all parties if made in a jurisdiction the laws of which permit acknowledgments in such manner; provided however, that instruments requiring acknowledgments by parties having opposing interests must be acknowledged by at least one party of each interest” (GL 34-12-1).

Certificate Forms

The Rhode Island Governor’s Executive Order contains several notarial certificate forms for Notaries to use. These certificate forms and others authorized by the Secretary of State appear below.

“The forms of certificates for notarial acts set forth in this section are not intended to replace or supersede the existing forms commonly used in conveyances of real estate or in other legal documents within the State of Rhode Island, and in particular, those forms of certificates for notarial acts approved by any committee of the Rhode Island Bar Association” (EO Sec. 3[k]).

Another State’s Form

“This section does not require a notary public to use the forms set forth above if the form of acknowledgment, jurat, signature witnessing or copy certification of a document contains an alternative form from another State [and] if the document is to be filed or recorded in, or governed by the laws of, that other State” (EO Sec. 3[i]).

Form Prohibits Alteration

“This section does not require a notary public to use the forms set forth above if the form of acknowledgment, jurat, signature witnessing or copy certification appears on a printed form that contains an express prohibition against altering that form” (EO Sec. 3[j]).

Military Officer Certificate

“In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate endorsed upon or attached to the instrument or documents, which shows the date of the notarial act and which states, in substance that the person appearing before the (military) officer acknowledged the instrument as his act or made or signed the instrument or document under such oath, shall be sufficient for all intents and purposes. The instrument or document shall not be rendered invalid by the failure to state the place of execution or acknowledgment” (GL 34-12-7). If such officers affix their signature, rank and branch of service or subdivision thereof upon the certificate or document, no further proof of authority is needed (GL 34-12-8).

Electronic Notarial Certificate

1. Definition: “'Electronic notarial certificate' means the portion of a notarized electronic record that is completed by the notary public, bears the notary public's electronic signature and/or official electronic seal, official title, commission number, commission expiration date, any required information concerning the date and place of the electronic notarization, and states the facts attested to or certified by the notary public in a particular electronic notarization” (ENS, Definitions 7).

2. Requirement: “When performing an electronic notarization, a notary public shall complete an electronic notarial certificate and attach or logically associate the notary’s electronic signature and stamp to that certificate in a tamper-evident manner. Evidence of tampering pursuant to this standard may be used to determine whether the notarial act is valid or invalid” (ENS, Form and Manner of Performing the Electronic Notarial Act, 1).

Remote Notarial Certificate

1. General Requirement: “A notarial act for a remotely located individual pursuant to § 42-30.1-12.1 shall be evidenced by a certificate” (RIGL 42-30.1-12.2[a]).

2. Specific Requirements: The certificate shall:
   “(1) Be executed contemporaneously with the performance of the notarial act;
   “(2) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the commissioning agency;
   “(3) Identify the jurisdiction in which the notarial act is performed;
   “(4) Contain the title of office of the notarial officer; and
   “(5) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer’s commission” (RIGL 42-30.1-12.2[a]).
   “If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsections (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsections (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be attached to or logically associated with the certificate” (RIGL 42-30.1-12.2[b]).

3. Indication of Remote Act: “If a notarial act is performed under this section, the certificate of notarial act required by § 42-30.1-12.2 and the short-form certificate provided in § 42-30.1-12.2 must indicate that the notarial act was performed using communication technology” (RIGL 42-30.1-12.1[c]).

Sufficiency of Notarial Certificate

1. Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) of this section, and:
   “(1) Is in a form otherwise permitted by the laws of this state;
   “(2) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
   “(3) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in [RIGL] §§ 42-30.1-4, 42-30.1-5, and 42-30.1-6 or any other applicable laws of this state” (RIGL 42-30.1-12.2[c]).

2. Remote Notarial Acts: “A short-form certificate provided in [RIGL] § 42-30.1-12.2(g) for a notarial act subject to this section is sufficient if it:
   “(1) Complies with rules adopted under subsection (g)(1) of this section; or
   “(2) Is in the form provided in § 42-30.1-12.2(g) and contains a statement substantially as follows: ‘This notarial act involved the use of communication technology’” (RIGL 42-30.1-12.1[d]).

Incomplete Certificate

“A notary public should not affix an official signature or seal on a notarial certificate that is incomplete” (EO Sec. 4[e]).

False Certificate

“A notary public should not execute a certificate containing information known or believed by the notary to be false” (EO Sec. 4[d]).

Attaching a Certificate

“A notary public should not notarize a signature on a blank or incomplete document” or “provide or send a signed or sealed notarial certificate to another person with the understanding that it will be completed or attached to a document outside of the notary’s presence,” except that “in connection with a commercial, non-consumer transaction, a notary public may deliver a signed, sealed or signed and sealed notarial certificate to an attorney with the understanding that:
“(i) the attorney will attach the certificate to a document outside of the notary’s presence; and
“(ii) the attorney will hold such notarial certificate in escrow; and
“(iii) 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[f] and [g]).

Executing a Certificate

“By executing a certificate of a notarial act, a notarial officer certifies that the notarial officer has complied with the requirements and made the determinations specified in [RIGL} §§ 42-30.1-3, 42-30.1-4, and 42-30.1-5” (RIGL 42-30.1-12.2[d]).

Contemporaneous Completion of Certificate

“A notarial officer may not affix the notarial officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (RIGL 42-30.1-12.2[e]).

Short Form Certificates

“The commissioning agency shall develop short form certificates of notarial acts, if completed with the information required by subsections (a), (b) and (c) of this section, for the following purposes:
“(1) An acknowledgment in an individual capacity;
“(2) An acknowledgment in a representative capacity;
“(3) A verification on oath or affirmation;
“(4) Witnessing or attesting a signature;
“(5) Certifying a copy of a record” (RIGL 42-30.1-12.2[g]).

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Definitions

1. “'Official stamp' means a physical image affixed to a tangible record or an electronic image attached to, or logically associated with, an electronic record” (RIGL 42-30.1-2[13]).

2. “'Stamping device' means:
   “(i) A physical device capable of affixing an official stamp upon a tangible record; or
   “(ii) An electronic device or process capable of attaching to, or logically associating an official stamp with, an electronic record” (RIGL 42-30.1-2[20]).

3. “'Electronic notary stamp' and ‘official electronic stamp’ mean information within a notarized electronic record that includes the notary public’s name, jurisdiction of appointment, and generally corresponds to data in notary public stamps used on paper documents” (ENS, Definitions 8).

Official Stamp Requirement

1. Notarial Acts

   1. Notaries Public: Required.
      “If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to the certificate” (RIGL 42-30.1-12.2[b]).
      “The Rhode Island General Laws require the use of a notary stamp when notarizing documents” (EO Sec. 3[d]).

   2. Other Notarial Officers: Permitted.
      “ If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsections (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be affixed to the certificate” (RIGL 42-30.1-12.2[b]).

   3. Legislators: During open session on the floor of the Rhode Island General Assembly, a Notary who is a member of the General Assembly may notarize signatures on documents without using a seal: “This section shall not preclude a notarial officer who is a member of the general assembly in this state from notarizing a document without the use of a stamp on the floor of the general assembly during open session” (RIGL 42-30.1-13[3]).

2. In-Person Electronic Notarial Acts

   1. Notaries Public: Permitted.
      “If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsections (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be attached to or logically associated with the certificate” (RIGL 42-30.1-12.2[b]).

   2. Other Notarial Officers: Permitted (RIGL 42-30.1-12.2[b]).

3. Remote Notarial Acts

   1. Notaries Public: Permitted (RIGL 42-30.1-12.2[b]).

   2. Other Notarial Officers: Notarial officers other than Notaries Public are not authorized to perform remote notarial acts under Rhode Island law.

4. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (RIGL 34-13.2-3[c]).

Official Stamp Format

1. Notarial Acts

   1. Inked Stamp or Embosser: Rhode Island Notaries may use an inked stamp or an embosser, provided it is capable of being copied together with the record to which it is affixed.
      “Your seal should produce a sharp, legible, embossed or printed image that legibly reproduces under photographic methods” (website, “Purchasing a Notary Seal”).

   2. Shape/Size: Not specified by law or Executive Order.

   3. Components (EO Sec. 3[d]):

      1. Name of Notary Public

      2. “NOTARY PUBLIC”

      3. “RHODE ISLAND”
         “The stamp may also include the notary’s identification number and commission expiration date” (EO Sec. 3[d]).
         “The stamp shall be in round (circular) or rectangular form with an edge border surrounding the required elements of the stamp” (website, “Notary Supplies”).
         “A stamp may have additional information such as your (commission) expiration date, ‘signed before me’ or other useful phrases” (website, “Frequently Asked Questions,” accessible from “Become a Notary Public” page).

   4. State Seal: “No seal manufacturer has permission from the Secretary of State to reproduce the State Seal of the State of Rhode Island as an element of the notary public seal. If you are currently using a seal or receive a seal that contains the State Seal or any element of the seal, please discontinue use of the seal and obtain a seal containing the elements we recommend…” (website, “Purchasing a Notary Seal,” accessible from “Become a Notary Public” page).

2. In-Person Electronic Notarial Acts: Not explicitly prescribed.

3. Remote Notarial Acts: Not explicitly prescribed.

Examples

The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by Rhode Island law. Formats other than these may also be permitted.

Open

Open

Electronic Official Stamp

1. Reliability: “The notary public's official electronic stamp is deemed to be reliable if the following requirements are met: a) it is unique to the notary public, b) it is capable of independent verification, c) it is retained under the notary public's sole control, and d) it is attached to or logically associated with the electronic record in a tamper-evident manner. Evidence of tampering pursuant to this standard may be used to determine whether the notarial act is valid or invalid” (ENS, Form and Manner of Performing the Electronic Notarial Act, 3).

2. Definition: "'Unique to the Notary Public' and ‘under the sole control’ mean, with respect to an electronic notarization, that the signing device used to affix the electronic signature of the Notary Public and to render the official electronic seal information tamper-evident shall be accessible by and attributable solely to the Notary Public to the exclusion of all other persons and entities for the necessary period of time that such device is engaged and operating to effectuate the authorized electronic notarization” (ENS, Definitions 16).

3. Sole Use and Purpose: “The notary public’s electronic signature in combination with the electronic notary stamp shall be used only for the purpose of performing electronic notarial acts” (ENS, Form and Manner of Performing the Electronic Notarial Act, 3).

Exclusive Property

“A notary’s stamp is the exclusive property of the notary; it may not be used by any other person” (EO Sec. 3[d]).

Lost or Damaged Seal

“Any notary public whose stamp is lost, misplaced, destroyed, broken, damaged, stolen or otherwise unworkable should immediately deliver written notice of that fact to the Rhode Island Department of State. If and when the notary’s seal is recovered or replaced, written notice of the recovery or replacement should also be delivered immediately to the Rhode Island Department of State” (EO Sec. 5).

Destruction of Seal

When a Notary’s commission expires, is resigned or is revoked, or if a Notary dies during the term of his or her commission, the Notary or the Notary’s personal representative should, “(a)s soon as reasonably practicable, destroy or deface all notary stamps so that they may not be used” (EO Sec. 7[a] and 6[c]).

Signature, Title, ID Number, Expiration Date

“In completing a notarial act, a notary public should sign his or her name exactly as it appears on the notary’s commission, write the title ‘Notary Public’ after his or her signature, list his or her commission expiration date and list his or her notary identification number” (EO Sec. 3[b]).

Printed or Typed Name

The Notary’s name must be printed or typed beneath or next to his or her signature on every acknowledgment of signatures on a deed that is to be recorded. Failure to do so will increase the recording fee, although it will not invalidate the transaction: “The signatories and notaries public to all deeds, mortgages, transfers, assignments, and discharges of mortgages, leases, rental agreements, rescissions or assignments thereof, and contracts for the sale of land shall have their names typed or printed immediately beneath or adjacent to their signatures. Failure to comply herewith shall not affect the validity of any such instrument, but the recording fee for the instrument shall be increased by two dollars ($2.00)” (RIGL 34-11-1.1).

Notary’s Electronic Signature

1. Definition: “'Notary electronic signature' means those forms of electronic signature that comply with these standards as an acceptable means for an electronic notary to affix the notary's official signature to an electronic record that is being notarized” (ENS, Definitions 10).

2. Reliability: “The notary public's electronic signature is deemed to be reliable if the following requirements are met: a) it is unique to the notary public, b) it is capable of independent verification, c) it is retained under the notary public's sole control, and d) it is attached to or logically associated with the electronic record in a tamper-evident manner. Evidence of tampering pursuant to this standard may be used to determine whether the notarial act is valid or invalid” (ENS, Form and Manner of Performing the Electronic Notarial Act, 2).

3. Definition: "'Unique to the Notary Public' and ‘under the sole control’ mean, with respect to an electronic notarization, that the signing device used to affix the electronic signature of the Notary Public and to render the official electronic seal information tamper-evident shall be accessible by and attributable solely to the Notary Public to the exclusion of all other persons and entities for the necessary period of time that such device is engaged and operating to effectuate the authorized electronic notarization” (ENS, Definitions 16).

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Records Requirement

1. Journal

   1. Notarial Acts: Not required.

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

   3. Remote Notarial Acts: Not required.

2. Recording of Remote Notarial Acts: 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” (RIGL 42-30.1-12.1[b][3]).

Journal Recommendation

While a journal is not required by statute in Rhode Island, the Governor’s Executive Order recommends keeping one as a part of the Notary’s “standard operating procedure”: “A notary may find the use of a ‘journal of notarial acts’ to be a beneficial tool,” which “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]).

“The keeping of a journal is recommended as best practice, but not required. These Standards of Conduct shall not be construed to impair or infringe in any way on the attorney-client privilege or the attorney work product doctrine” (EO Sec. 3[e]).

Permanently Bound Book

A proper journal is “a permanently bound book that creates and preserves a chronological record of notarizations performed by a notary public” (EO Sec. 2[f]).

Journal Entries

1. Recommended Entries: “Notaries electing to use a ‘journal of notarial acts’ should as a matter of good practice record the following:
   “1. the date and time of the notarial act;
   “2. the type and description of the notarial act and document notarized;
   “3. the signature, printed name and address of each principal and witness;
   “4. description of the satisfactory evidence of identity of each person;
   “5. the fee, if any, charged for the notarial act; and
   “6. the circumstances for not completing a notarial act (EO Sec. 3[e]).

2. Prohibited Entries: “A notary public should not record a Social Security or credit card number in the journal” (EO Sec. 3[e]).

Records Retention

1. Journal of Notarial Acts: When the commission of a Notary who elected to use a journal of notarial acts expires, is resigned or is revoked, “the notary should retain the journal and records for seven years after the date of expiration, resignation or revocation” (EO Sec. 7[b]). If a Notary dies during the term of his or her commission, the Notary’s personal representative should comply with Section 7 of the Executive Order (EO Sec. 6[c]).

2. Audiovisual Recording of Remote Notarial Acts: “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 [RIGL 42-30.1-12.1] subsection (b)(3) of this section, or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subsection (g)(4) of this section, the recording must be retained for a period of at least ten (10) years after the recording is made” (RIGL 42-30.1-12.1[e])

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Maximum Fees

1. Notarial Acts: “A notary public may charge a fee not to exceed twenty-five dollars ($25.00) per document or notarization” (RIGL 42-30.1-20.1[a]).

2. Remote Notarial Acts: “In performing a notarial act for a remotely located individual pursuant to § 42-30.1-12.1, a notary public may charge a fee not to exceed twenty-five dollars ($25.00) per document or notarization” (RIGL 42-30.1-20.1[b]).

Disclosing Fees

“All fees must be disclosed to any person utilizing the services of the notary public prior to performance of the notarial act” (RIGL 42-30.1-20.1[a] and [b]).

Posting Fees

1. Notarial Acts: “All fees must be posted in a conspicuous place in the notary’s place of business or upon request, fees must be disclosed to any person utilizing the services of the notary” (NPM).

2. In-Person Electronic Notarial Acts: Notaries who perform electronic notarizations must post their fees in the same manner as when they perform paper notarizations (ENS, Fees, 1).

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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 Rhode Island.

Supreme Court UPL Case: On May 29, 2020, the Rhode Island Supreme Court issued an opinion on whether a Rhode Island Notary Signing Agent performing a loan signing engages in the unauthorized practice of law in the case of In re William E. Paplauskas, Jr. No. 2018-161-M.P. The action was brought against the defendant, a Notary Signing Agent, who performed a loan signing in July 2015. The defendant denied providing legal advice to the borrowers about their loan and instead asserted that prior to performing the loan signing, he gave the borrowers a document clarifying that he was not an attorney and was unable to provide legal advice on their loan. The Court determined to leave intact the prevailing practice in Rhode Island over the last 100 years allowing title insurance companies and its (non-attorney) agents to provide real estate closings where there is a title insurance policy issued in the transaction.

Going forward, the Court ruled that a non-attorney closing agent who performs a loan signing must make the following four representations to the buyer and the seller.

1. The closing agent is not an attorney;

2. The closing agent does not represent the buyer or seller;

3. The closing agent cannot give legal advice; and

4. If the parties to the closing have a legal question, they should suspend the closing and seek counsel from an attorney.

In addition, a non-attorney closing agent now must present as the first document to be signed a written notice containing these representations. The buyer and seller must sign a copy of the notice to acknowledge that the non-attorney closing agent has given the warnings and that they understand them. The non-attorney closing agent also must sign the notice to acknowledge that the closing agent has orally explained the notice to the buyer and seller. The non-attorney closing agent must retain the signed copy of the notice and provide a copy to all parties to the closing.

The Court held that allowing non-attorneys to provide closing services increases competition which in turn drives down the cost of a real estate closing. Most importantly, no evidence of harm to consumers was presented to the Court in connection with the Paplauskas matter. The Court said it would prefer that consumers retain counsel for their real estate closing and that if it heard of cases in which consumers were harmed by non-attorneys conducting loan closings in the future it would intervene.

Recording Requirements

1. Conveyances: “Every conveyance of lands, tenements or hereditament absolutely, by way of mortgage, or on condition, use or trust, for any term longer than one year, and all declarations of trusts concerning the conveyance, shall be void unless made in writing duly signed, acknowledged as hereinafter provided, delivered, and recorded in the records of land evidence in the town or city where the lands, tenements or hereditaments are situated; provided, however, that the conveyance, if delivered, as between the parties and their heirs, and as against those taking by gift or devise, or those having notice thereof, shall be valid and binding though not acknowledged or recorded” (RIGL 34-11-1).
   “The signatories and notaries public to all deeds, mortgages, transfers, assignments, and discharges of mortgages, leases, rental agreements, rescissions or assignments thereof, and contracts for the sale of land shall have their names typed or printed immediately beneath or adjacent to their signatures. Failure to comply herewith shall not affect the validity of any such instrument, but the recording fee for the instrument shall be increased by two dollars ($ 2.00)” (RIGL 34-11-1.1).

2. Defective Acknowledgments: “Any acknowledgment of or upon any instrument used in conveying, directly or indirectly, any interest in real estate in this state, including power of attorney, where the instrument has been on record for a period of ten (10) years, shall be construed to be a valid acknowledgment in accordance with the requirements of chapter 12 of this title; provided, nevertheless, that if, within the period of ten (10) years, a proceeding is commenced in superior court relative to the validity of the acknowledgment, and a notice of lis pendens is duly recorded and indexed with the appropriate records of land evidence, the instrument shall be subject to the further order of the court involved in any such proceeding” (RIGL 34-11-36).

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Notarial Acts in Rhode Island

1. Appointed Officers: The following officers may be appointed as Notaries Public and perform notarial acts in Rhode Island following election and shall retain the appointment through the uninterrupted duration and term of office, appointment or employment (RIGL 42-30.1-15[d]):

   1. State senators and representatives;

   2. Members of city or town councils;

   3. Clerks and the registrar of the board of canvassers;

   4. Chief, deputy, and assistant clerks of any state court;

   5. Clerks of the board of canvassers and workers compensation court,

   6. Municipal clerks;

   7. The board of canvassers registrar;

2. Attorneys and Accountants: Members of the Rhode Island State Bar certified public accountants may perform notarial acts in Rhode Island upon appointment as Notaries Public irrespective of where they reside (RIGL 42.30.1-15[c]).

3. Police Officers: Two police officers from each state and local police department, as identified in writing by the chief of police may perform notarial acts in Rhode Island (RIGL 42-30.1-15[e]).

4. Acknowledgments Only: Besides Notaries, the following officers are authorized to take acknowledgments in Rhode Island (RIGL 34-12-2[1]):

   1. Justices of the peace;

   2. Judges;

   3. Clerks and assistant clerks of the superior court;

   4. Mayors;

   5. Town clerks;

   6. Recorders of deeds;

   7. State senators and representatives.

5. Unqualified Officials: “Any acknowledgment made in good faith before a person claiming to be one of the foregoing officials authorized to take acknowledgments within the respective jurisdictions as above (in 34-12-2[1]), shall be valid, although the official before whom the same is made was not duly qualified in such office; but every person who shall, within this state, willfully take and certify to the taking of any such acknowledgment, without being lawfully qualified thereunto, shall be liable in a criminal proceeding
   to a fine not exceeding fifty dollars ($50.00), one-half (½) to the use of the complainant and the other half thereto to the use of this state” (RIGL 34-12-3).

6. Commissioners: “The governor may appoint, in any foreign country and in any state of the United States and in any territory of the United States and in the District of Columbia, one or more commissioners, under the seal of the state, to continue in office for the period of five (5) years” (RIGL 42-31-1).
   “The commissioners may administer oaths and take depositions and affidavits to be used in this state; and may also take the acknowledgment of any deed or other instrument to be used or recorded in this state” (RIGL 42-31-3).

7. Military Officers: Any commissioned officer in the active service of the U.S. armed forces may perform notarial acts anywhere in the world for military personnel and dependents (RIGL 34-12-5 and 34-12-6). The notarized document need not state the place of execution or acknowledgment in order to be valid (RIGL 34-12-7), nor does it require further authentication if the officer’s signature, rank and branch of service (or subdivision thereof) appears on the document or certificate (RIGL 34-12-8).

8. Authority: “The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title” (RIGL 42- 30.1-9).

Notarial Acts in U.S. State or Jurisdiction

“(a) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by:
“(1) A notary public of that state;
“(2) A judge, clerk, or deputy clerk of a court of that state; or
“(3) Any other individual authorized by the law of that state to perform the notarial act.
“(b) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(c) The signature and title of a notarial officer described in subsection (a)(1) or (a)(2) of this section conclusively establish the authority of the officer to perform the notarial act” (RIGL 42-30.1-10).

Notarial Acts Under U.S. Law

“(a) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:
“(1) A judge, clerk, or deputy clerk of a court;
“(2) An individual in military service, or performing duties under the authority of military service, who is authorized to perform notarial acts under federal law;
“(3) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or
“(4) Any other individual authorized by federal law to perform the notarial act.
“(b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(c) The signature and title of an officer described in subsection (a)(1), (a)(2), or (a)(3) of this section conclusively establish the authority of the officer to perform the notarial act” (RIGL 42-30.1-11).

Notarial Acts in Foreign State

“(a) In this section, "foreign state" means a government other than the United States of America or a
state not including the state of Rhode Island.
“(b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state, or is performed under the authority of a multinational or international governmental organization, or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
“(c) If the title of office and indication of authority to perform notarial acts in a foreign state appears 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.
“(d) The signature and official stamp of an individual holding an office described in subsection (c) are prima facie evidence that the signature is genuine and the individual holds the designated title.
“(e) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office” (RIGL 42-30.1-12).

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Secretary of State

Authenticating certificates for Notaries — both “certifications” and apostilles — are issued by the
Rhode Island Secretary of State’s office (RIGL 42-30-15).

1. Fee: $5 per certification or apostille. “A fee of no more than one hundred fifty dollars ($150.00) shall be charged and collected by the secretary of state for the authentication or certification of the signature(s) of a notary public on all relevant documents filed at one time which pertain to the same matter or transaction” (RIGL 42-30-15). Fee payable to “Rhode Island Secretary of State” (website, “Good Standings/Certifications/Apostilles”).

2. Address:
   Rhode Island Department of State
   Notary Division
   148 W. River St.
   Providence, RI 02904-2615

3. Phone: 1-401-222-1487

4. Procedure: Mail or present in person the original notarized document(s) or a certified copy of the document(s) made by a proper authority using a raised seal, along with the fee. If five documents or less are being presented in person, there is no need to phone or complete any paperwork ahead of time. If more than five documents are being presented in person, first phone the office at the above number, then download and complete an “In-Person Authentication Request Form,” and fax the form to the office at 1- 401-222-1309. If documents are being mailed, download and complete an “Mail Authentication Request Form” then mail the completed form with the document(s). “Mailed requests are processed daily. A mailed request will be returned to you by first class mail. A self-addressed/stamped envelope will help expedite delivery time. If overnight service is required, a pre-addressed, pre-paid airbill must be included with the request” (website, “Good Standings/Certifications/Apostilles”).

5. School Transcripts/Diplomas/Degrees: “Many foreign exchange students need to provide their home countries with certified records of their school transcripts, diplomas or degrees. Most often the school record is certified to in the presence of a notary, who then notarizes that statement. Often it is the record officer of the school who certifies to the record in the presence of a notary public. The notarized transcript, diploma or degree is sent to the Secretary of State’s office for authentication” (website, “Good Standings/Certifications/Apostilles”). See “Witnessing Signature on School Transcript/Diploma/Degree” above, under “Certificate of Notarial Act.”

Electronic Apostilles and Certificates of Authentication

“Electronic Apostilles need to fulfill certain basic requirements to ensure non-repudiation: a) the fact of the issuance of the Apostille by the Rhode Island Department of State shall be independently verifiable and b) the Apostille shall be invalidated if the underlying document is improperly modified as when, for example, a person attempts to remove the Apostille from the public document” (ENS, Requirements for Issuance of Electronic Apostilles and Certificates of Authentication (Appointment), 1).

“Electronic certificates of Authentication (or Appointment) need to fulfill certain basic requirements to ensure non-repudiation: a) the fact of the issuance of the Certificate by the Rhode Island Department of State shall be independently verifiable and b) the Certificate shall be invalidated if the underlying document is improperly modified as when, for example, a person attempts to remove the Certificate from the public document” (ENS, Requirements for Issuance of Electronic Apostilles and Certificates of Authentication (Appointment), 2).

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