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Vermont - U.S. Notary Reference

Vermont - U.S. Notary Reference

Last Update: May 20, 2025

QUICK FACTS 

Notary Jurisdiction

Statewide (26 VSA 5361[a]).

Notary Term Length

Two years (less than two years if commissioned after February 1) (26 VSA 5304[3]).

Notary Bond

Not required.

Notary Seal

Not required.

Notary Journal

Not required.

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ADMINISTRATION AND RULES

Commissioning Official

Effective December 1, 2018 the Office of Professional Regulation in the Secretary of State’s office assumed responsibility from the county superior court assistant judges for commissioning and regulating Notaries Public (26 VSA 5321).

Contact Information

  1. Address: Office of Secretary of State
    Office of Professional Regulation
    89 Main St, 3rd Floor
    Montpelier VT 05620-3402

  2. Phone: 802-828-1501

  3. Website: https://sos.vermont.gov/notaries-public

Statutes, Rules and Guidance

  1. Statutes

    1. Vermont Statutes Annotated: Most Notary rules are in the Vermont Statutes Annotated (VSA) Title 26, Chapter 103, Subchapter 9 “Notaries Public”; and Title 27, Chapter 5, “Conveyance of Real Estate.”

    2. Citations: Citations to the Statutes in this chapter follow this convention: Title, VSA, section, and any subsection or subdivision within the section separated by brackets. Example: 26 VSA 5341[b][5].

  2. Rules

    1. Code of Vermont Rules: Most Notary rules are in the Code of Vermont Rules (CVR), Agency 04 (Secretary of State), Sub-Agency 030 (Office of Professional Regulation), Chapter 015 (Administrative Rules for Notaries Public may be downloaded from the Secretary of State’s website.

    2. Citations: Citations to the Rules in this chapter follow this convention: CVR, Agency, Sub-Agency, Chapter separated by hyphens and ending with a period, part, and any subsection within the part separated by a closed parenthesis or period. Example: CVR 04-30-015.5-3b)iii.A.2.

  3. Guidance: “Guidance on Emergency Rules for Notaries Public and Remote Notarization” (Guidance) for performing remote notarial acts on tangible (paper) records may be downloaded from the Secretary of State’s website.

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COMMISSION AND APPOINTMENT

Commission Process

  1. Qualifications: “An applicant for a commission as a notary public shall:
    “(1) be at least 18 years of age;
    “(2) be a citizen or permanent legal resident of the United States;
    “(3) be a resident of or have a place of employment or practice in this State;
    “(4) not be disqualified to receive a commission under section 5342 of this chapter; and
    “(5) pass a basic examination approved by the Office based on the statutes, rules, and ethics relevant to notarial acts” (26 VSA 5341[b]).

  2. Course: “A notary public applying for renewal shall complete continuing education approved by the Office, which shall not be required to exceed two hours, during the preceding two-year period” (26 VSA 5343[b]).

    1. Course Approval: Courses must be approved by the Office of Professional Regulation unless the course. Courses offered by the American Bar Association, Vermont Bar Association, or any Vermont state government agency are automatically approved (CVR 04-30-015.9-4a). Courses may be synchronous or asynchronous, recorded or live, or in-person or remote, but must include both audio and visual content (CVR 04-030-015.9-3b)ii.

    2. Course Length: “[A]s a condition of Commission renewal, notaries public shall complete no fewer than one hour of continuing education over the full two-year biennial period preceding the application for renewal.” (CVR 04-030-015.9-1a).

    3. Exemption: “An applicant issued an initial Commission … within 90 days of the end of a biennial period will not be required to renew, pay any renewal fees, or complete any continuing education prior to the end of that biennial period” (CVR 04-030-015.4-9).

    4. Certificate of Completion: “What do I do with my CE certificates of completion? – You are responsible for maintaining your CE certificate of completion records. You will be asked to upload your course completion certificate(s) with your online renewal application. 30 days after the renewal period ends, OPR will conduct a random audit of continuing education. A percentage of licensees are chosen and asked to provide proof of their course completion” (website, “Notary FAQs”).

    5. One Course for Multiple OPR Credentials: “I hold more than one OPR credential. Can one continuing education course count towards multiple credentials? – Yes. As long as the continuing education course is approved and meets the continuing education requirement of each credential” (website, “Notary FAQs”).

  3. Exam: Required (26 VSA 5341[b][5]). “Will I need to take an examination to become a Notary? – “For applications received prior to February 1, 2021, no examination is required. Initial applicants submitting an application on or after February 1, 2021 will need to pass an examination based on the statutes, rules, and ethics relevant to notarial acts” (website, “Notary FAQs”).

  4. Application: The Secretary of State outlines the following steps for submitting a Notary Public application to the Office of Professional Regulation (OPR):
    “1. You will need to create an account (if you have not already) on OPR’s online licensing system or log into an existing account. Click here to access OPR’s online licensing system. Do not create an additional account if you already have one.
    “2. Once logged in, click Apply for Individual License and complete the online application. You will be asked to answer questions within the application and to upload a copy of your signed and notarized Oath of Office. To complete the application, you will need to pay a $30.00 fee with a debit card, credit card or ACH (savings or checking account).
    “3. OPR will notify you by email if there are additional items required for your application. You may check your application status online for more information.
    “4. You will be notified by email once your application is approved. Your commission is available for printing through your online licensing account. (website, “Notary FAQs”).

  5. Fee: $30.00 (26 VSA 5324[a]). “My employer always paid for my notary renewal. How does this work now? – Each applicant needs to create their own account and apply for their own commission. Businesses can provide you the payment details or you can submit your receipt to the business for reimbursement” (website, “Notary FAQs”).

  6. Oath: “Before issuance of a commission as a notary public, an applicant for the commission shall execute an oath of office and submit it to the Office” (26 VSA 5341[c]).
    An oath of office form is available for download from the Office of Professional Regulation’s website (website, “Notary Forms & Instructions”). Instructions for properly completing the oath are as follows:
    “1. Print or type your legal name, date of birth and address.
    “2. Take the oath before a duly commissioned Notary Public or Justice of the Peace and sign your legal name.
    “3. Scan and upload the notarized oath document to your Notary Public application at the Office of Professional Regulations online application system. Paper applications are not accepted. Please do not send [the oath of office form] to the Vermont State Archives and Records Administration, OR to the Office of Professional Regulation” (website, “Notary Forms & Instructions).
    “Can I have an out-of-state notary public notarize my official oath form? – OPR recommends that oaths be notarized by a notary public holding a Vermont commission.” (website, “Notary FAQs”).

  7. Background Screening: Not required.

  8. Non-Residents: Non-residents of Vermont may qualify to obtain a Notary commission if they have a place of employment or practice in Vermont (26 VSA 5341[b][3]).

  9. Reappointment

    1. Notice: “Biennially, the Office shall provide a renewal notice to each commissioned notary public. Upon receipt of a notary public’s completed renewal, payment of the fee as set forth in section 5324 of this chapter, and evidence of eligibility, the Office shall issue to him or her a new commission” (26 VSA 5343[a]).
      “When will I renew my notary public license? – A notary public commission is now effective on a fixed two-year cycle. In January of odd years, notaries public will need to renew their commissions if they wish to continue to perform notarial acts. The first renewal deadline for notary public commissions will be January 31, 2021. Notaries public who wish to continue to perform notarial acts are then required to renew their commissions every 2 years thereafter” (website, “Notary FAQs”).

    2. 90 Days Before of End of Biennial Period: “If your first commission was issued within 90 days of the first renewal expiration date, your license is valid until the next renewal date. Please check the expiration date printed on your license” (website, “Notary Forms & Instructions” and “Notaries Public Renewal Instructions”).

    3. 91 Days or More Before of End of Biennial Period: “Initial licenses issued 91 days or more before the profession’s renewal date will be required to renew the license for the upcoming renewal” (website, “Notary Forms & Instructions” and “90 Day Initial License Policy”).

    4. Late Renewals: “What happens if I do not renew my license on time? – If you do not complete your renewal by midnight of the day your commission expires, late penalties will apply per 3 V.S.A §127(d)(1). You will receive three (3) courtesy email notifications when it is time to renew. These notifications will be sent to the email address you have provided to OPR. You are required to keep your email address up to date in the online system. It is solely your responsibility to know the date your commission expires and to renew on time if you intend to continue practicing as a notary public” (website, “Notary FAQs”).

  10. 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” (26 VSA 5341[d]).

  11. Exemptions

    1. Judiciary-Related Employees

      1. Definition: Persons employed by the Judiciary, including judges, Superior Court clerks, court operations managers, Probate registers, case managers, docket clerks, assistant judges, county clerks, and after-hours relief from abuse contract employees are considered judiciary-related employees (26 VSA 5305[a][2][A]).

      2. Notary Requirements, Application Fee, Examination, Education: “The persons set forth in subdivision (2)(A) of this subsection [see paragraph immediately above], when acting within the scope of their official duties, are exempt from all of the requirements of this chapter [26 VSA Chapter 103], including the requirement to pay the fee set forth in section 5324 of this chapter, except for the requirement to apply for a commission as set forth in [26 VSA] section 5341(a), (b)(1)-(3), (c), (d), and (e) of this chapter” (26 VSA 5305[a][1][A][i]). In addition, CVR 04-30-015.4-3a)i indicates judiciary-related employees who are Notaries are exempt from passing the examination and continuing education required of Notaries Public.

      3. Notarial Acts Outside Official Duties: 26 VSA 5305(a)(3) provides a lengthy definition of “official duties” under which a judiciary-related employee may perform notarial acts. Judiciary-Related Employees who perform notarial acts outside the scope of their official duties must comply with all the requirements of 26 VSA Chapter 103 and the Code of Vermont Rules applicable to Notaries.

    2. Law Enforcement-Related Employees

      1. Definition: Persons employed as law enforcement officers certified under 20 V.S.A. chapter 151; who are noncertified constables; or who are employed by a Vermont law enforcement agency, the Department of Public Safety, of Fish and Wildlife, of Motor Vehicles, of Liquor and Lottery, of Corrections, or for Children and Families, the Office of the Defender General, the Office of the Attorney General, or a State’s Attorney or Sheriff are considered law enforcement-related employees (26 VSA 5305[a][2][B]).

      2. All Requirements and Application Fee: “The persons set forth in subdivision (2)(B) of this subsection [see paragraph immediately above], when acting within the scope of their official duties, shall be commissioned as notaries public authorized to perform a notarial act as a matter of law and are exempt from all of the requirements of this chapter, including the requirement to pay the fee set forth in section 5324 of this chapter” (26 VSA 5305[a][1][B][i]). This provision provides that law enforcement-related officers do not have to apply for a Notary commission for performing official duties as defined by 26 VSA 5305(a)(3) (see CVR 04-30-015.4-3d)).

    3. Town Clerks and Justices of the Peace: “The following persons are exempt from the fee set forth in [26 VSA] 5324 of this chapter:
      “(1)(A) a judge, clerk, or other court staff, as designated by the Court Administrator; A town clerk and his or her assistants may perform notarial acts as notaries public throughout the town clerk’s county, provided that they shall comply with all of the requirements of this chapter, except as provided in subdivision (2) of this subsection.
      “(B) Subject to the provisions of subdivision (A) of this subdivision (1), performing notarial acts as a notary public shall be considered within the scope of the official duties of a town clerk and his or her assistants.
      “(2) Justices of the peace and town clerks and their assistants are exempt from the fee set forth in [26 VSA] 5324 of this chapter” (26 VSA 5305[c]).

    4. Fee Exemption: “The following persons are exempt from the fee set forth in section 5324 of this chapter [26 VSA Chapter 103]:
      “(1) a judge, clerk, or other court staff, as designated by the Court Administrator;
      “(2) State’s Attorneys and their deputies and Assistant Attorneys General, public defenders, and their staff;
      “(3) justices of the peace and town clerks and their assistants; and
      “(4) State Police officers, municipal police officers, fish and game wardens, sheriffs and deputy sheriffs, motor vehicle inspectors, employees of the Department of Corrections, and employees of the Department for Children and Families” (26 VSA 5305[c]).

    5. Attorneys: “Attorneys licensed and in good standing in this State are exempt from:
      “(A) the examination requirement set forth in [26 VSA] 5341(b) of this chapter; and
      “(B) the continuing education requirement set forth in [26 VSA] 5343 of this chapter.
      “(2) If a complaint of a violation of this chapter is filed in regard to a Vermont licensed attorney, the Office shall refer the complaint to the Professional Responsibility Board and shall request a report back from the Board regarding the final disposition of the complaint” (26 VSA 5305[b][1]).

Special Endorsement to Perform In-Person Electronic and Remote Notarial Acts

  1. In-Person Electronic Notarial Acts

    1. Requirement: “A notary public shall not perform a notarial act on an electronic record … without obtaining a special endorsement from the Office” (26 VSA 5341[d]).
      “[A] notary public must obtain a Special Endorsement to perform notarial acts on electronic records….” (CVR 04-30-015.6-1a)).

    2. Law Enforcement Employees Exempt: “Law-Enforcement-Related Employees do not have to obtain … a Special Endorsement to perform notarial acts within the scope of their Official Duties” (CVR 04-30-015.6-1b)).

    3. Qualifications: “To be eligible for the Special Endorsement, a notary public shall:
      “a) hold a current notary public commission in good standing;
      “b) attest to selecting and using, for any notarial acts on electronic records, tamper-evident technology that complies with requirements herein;
      “c) attest to selecting and using, for any notarial acts for remotely located individuals, communication technology that complies with requirements herein;
      “d) attest to selecting and using, for any notarial acts for remotely located individuals, identity proofing technology that complies with the requirements herein; and
      “e) pay all required application fees” (CVR 04-30-015.6-2).

    4. Application

      1. Online Filing: “Special Endorsement applications must be completed through the Office website” (CVR 04-30-015.3-1a).

      2. Fee: $30 (26 VSA 5324[b]).

    5. Term: “Special endorsements are valid for fixed, two-year periods” (CVR 04-30-015.4-7).

    6. Renewal

      1. Online Filing: “Special Endorsement renewal applications must be completed through the Office website” (CVR 04-30-015.4-8).

      2. 90 Days of End of Biennial Period: An applicant issued … [a] Special Endorsement within 90 days of the end of a biennial period will not be required to renew, pay any renewal fees, or complete any continuing education prior to the end of that biennial period. [A]ny associated Special Endorsement will be issued through the next full biennial period. Notaries public must fulfill renewal requirements for subsequent renewals” (CVR 04-30-015.4-9).

  2. Remote Notarial Acts

    1. Requirement: “A notary public shall not perform a notarial act … for a remotely located individual without obtaining a special endorsement from the Office” (26 VSA 5341[d]; see also 26 VSA 5379[b][1]).
      “[A] notary public must obtain a Special Endorsement to perform notarial acts … for Remotely Located Individuals” (CVR 04-30-015.6-1a)).

    2. Law Enforcement Employees Exempt: “Law-Enforcement-Related Employees do not have to obtain … a Special Endorsement to perform notarial acts within the scope of their Official Duties” (CVR 04-30-015.6-1b)). The same exemption is not extended to judiciary-related employees, attorneys, or town clerks, assistants, and justices of the peace (CVR 04-30-015.4-3).

    3. Qualifications: For the qualifications to obtain a special endorsement to perform remote notarial acts, see “Qualifications” under “In-Person Electronic Notarial Acts,” above.

    4. Application

      1. Online Filing: “Special Endorsement applications must be completed through the Office website” (CVR 04-30-015.3-1a).

      2. Fee: $30 (26 VSA 5324[b]).

    5. Term: “Special endorsements are valid for fixed, two-year periods” (CVR 04-30-015.4-7).

    6. Renewal

      1. Online Filing: “Special Endorsement renewal applications must be completed through the Office website” (CVR 04-30-015.4-8).

      2. 90 Days of End of Biennial Period: An applicant issued … [a] Special Endorsement within 90 days of the end of a biennial period will not be required to renew, pay any renewal fees, or complete any continuing education prior to the end of that biennial period. [A]ny associated Special Endorsement will be issued through the next full biennial period. Notaries public must fulfill renewal requirements for subsequent renewals” (CVR 04-30-015.4-9).

Online Search

Records of Notaries Public may be accessed through the Secretary of State’s Office of Professional Regulation website (“Find a Professional” link).

Jurisdiction

“A notarial act, as defined in [26 VSA] 5304(10) of this chapter, may only be performed in this State by a notary public commissioned under this chapter” (26 VSA 5361[a]).

Term Length

“‘Commission term’ means the two-year period commencing on February 1 and continuing through January 31 of the second year following the commencement of the term” (26 VSA 5304[3]).

Bond

Not required.

Changes of Status

Name Change

  1. Notification: Within thirty days after a change of name, address, or e-mail address, notaries public shall report the change to the Office by updating the notary public’s online file and, for name changes, shall submit court documentation of the name change, and an updated notarized oath of Office signed with the notary public’s new signature. Notaries public shall not perform notarial acts after a name change until the updated oath is submitted.

  2. Procedure: “How do I change my legal name on my Notary license? – You must log into your online account and click update profile. You must upload both of the following: (1) a copy of an acceptable name change document (marriage certificate, divorce decree or other court documents supporting the name change) and (2) a new revised Oath of Office/Affirmation that has your new legal name and signature to the update license/application option within your account” (website, “Notary FAQs”).

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NOTARIAL ACTS

Authorized Acts

  1. Notarial Acts: Vermont Notaries are authorized to perform the following notarial acts (26 VSA 5304[7][a]):

    1. Take acknowledgments;

    2. Administer oaths and affirmations;

    3. Take verifications on oath or affirmation;

    4. Attest signatures;

    5. Note protests of negotiable instruments;

    6. Take depositions (Vermont Rules of Civil Procedure [VRCP] 28[a]);

    7. Certify tangible copies of electronic records (26 VSA 6362[c]).

    8. Issue subpoenas (VRCP 45[a]).

  2. In-Person Electronic and Remote Notarial Acts: Vermont Notaries who have obtained a special endorsement to perform 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 notary public 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” (26 VSA 5304[1]).

    2. In a Representative Capacity: “In a representative capacity” means acting as:
      “(A) an authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
      “(B) a public officer, personal representative, guardian, administrator, executor, trustee, or other representative, in the capacity stated in a record;
      “(C) an agent or attorney-in-fact for a principal; or
      “(D) an authorized representative of another in any other capacity” (26 VSA 5304[9]).

  2. Requirements

    1. Identity of Principal: “A notary public 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….” (26 VSA 5363[a]).

    2. Signature of Principal: “A notary public who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (26 VSA 5363[a]).

    3. Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (26 VSA 5304[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.”

      3. Acknowledgments of Deeds, Conveyances: “Deeds and other conveyances of lands, or of an estate or interest therein, shall be signed by the party granting the same and acknowledged by the grantor before a town clerk, notary public, master, county clerk, or judge or register of probate and recorded at length in the clerk's office of the town in which such lands lie. Such acknowledgement before a notary public shall be valid without an official seal being affixed to his or her signature” (27 VSA 341[a]).

Oaths and Affirmations

  1. Definition: “‘Oath’ shall include affirmation where by law an affirmation may be substituted. In like cases, ‘sworn’ shall include affirmed” (1 VSA 127).

  2. Requirements: “When other provision is not made by law, oaths of office may be administered by any justice of the Supreme Court, Superior judge, assistant judge, justice of the peace, notary public, or the presiding officer, secretary, or clerk of either house of the General Assembly, or by the Governor” (12 VSA 5852).
    “(I)n the administration of an oath, the word ‘swear’ may be omitted, and the word ‘affirm’ substituted, when the person to whom the obligation is administered is religiously scrupulous of swearing, or taking an oath in the prescribed form; and, in such case, the words ‘so help you God’ may be omitted, and the words ‘under the pains and penalties of perjury’ substituted; and a person so affirming shall be considered, for every legal purpose or privilege, qualification or liability, as having been duly sworn” (12 VSA 5851).
    “The voter’s oath may be administered by:
    “(1) a person authorized by the law of this State to administer oaths and affirmations; …” (17 VSA 2124[a]).

Verifications

  1. Definition: “‘Verification on oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notary public, that a statement in a record is true” (26 VSA 5304[19).

  2. Requirements

    1. Identity of Principal: “A notary public 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 officer and making the verification has the identity claimed….” (26 VSA 5363[b]).

    2. Signature of Principal: “A notary public 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” (26 VSA 5363[b]).

    3. Oath, Affirmation: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed and sworn to (or affirmed) before me …” (26 VSA 5368[3]) indicating that the notarial officer performing the verification must administer an oath or affirmation to the principal.

    4. Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed and sworn to (or affirmed) before me …” (26 VSA 5368[3]) indicating that the notarial officer performing the verification must personally witness the principal sign the record.

Signature Attestations

Requirements

  1. Identity of Principal: “A notary public who attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (26 VSA 5363[c]).

  2. Witness Signature: The short form certificate of notarial act for a signature witnessing or attestation states, “Signed (or attested) before me …” (26 VSA 5368[4]) indicating that the notarial officer performing the signature witnessing or attestation must personally witness the principal sign the record.

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” (9A VSA 3-505[b]).

  2. Requirements: “A notary public who makes or notes a protest of a negotiable instrument shall determine the matters set forth in 9A V.S.A. § 3-505(b), protest; certificate of dishonor” (26 VSA 5363[d]).
    “[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” (9A VSA 3-505[b]).

Depositions

  1. Authority: “Within the state, depositions shall be taken before a justice of the peace or notary public or a person appointed by the court” (VRCP 28[a][1]).

  2. Requirements: “The officer shall certify that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the witness. This certificate shall be in writing and accompany the record of the deposition. Unless otherwise ordered by the court, the officer shall then securely seal the deposition in an envelope or package endorsed with the title of the action and marked "Deposition of [here insert name of witness]" and shall promptly file it with the court in which the action is pending or send it to the attorney who arranged for the transcript or recording, who shall store it under conditions that shall protect it against loss, destruction, tampering, or deterioration” (VCPR 30[f]).

Copy Certifications

  1. Requirements: “A notary public who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item” (26 VSA 5363[e]).

  2. Paper Printout Copy Certification

    1. Authority: “A notary public may certify that a tangible copy of an electronic record is an accurate copy of the electronic record” (26 VSA 5362[c]).

    2. Requirements

      1. Tamper-Evident Format: A Notary making the certification must reasonably determine whether the electronic record is in a tamper-evident format (CVR 04-30-015.5-2d)i).

      2. Print or Supervise Printing of Record: A Notary making the certification must personally print or supervise the printing of the electronic record onto paper or other tangible medium (CVR 04-30-015.5-2d)ii).

      3. Detection of Change or Error: The Notary making the certification may not make the certification if the Notary has detected a change or an error in an electronic signature or other information in the electronic record (CVR 04-30-015.5-2d)iii).

  3. Recordability: “A recorder, as defined in 27 V.S.A. § 622, may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notary public executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record” (26 VSA 5371[b]).

Subpoenas

Under the Vermont Rules of Civil Procedure, a Notary is allowed to issue subpoenas for attendance of witnesses, production of documentary evidence and for taking depositions (VCPR 45[a][3])).

Electronic Notarial Acts

Definition: “'Electronic notarial act' means a notarial act by a notary public, physically present in the state of Vermont, on or involving an electronic record” (ER 2).

Remote Notarial Acts

  1. Definition: “'Remote Notarial Acts' means a notarial act performed at the request of a remotely located individual using communication technology, as defined in 26 V.S.A. § 5304(4), with respect to a tangible or electronic record that a notary public may perform under the law of this State. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, attesting a signature, and noting a protest of a negotiable instrument” (ER 2).

  2. Requirements: “Notaries public holding a commission in Vermont may perform a Remote Notarial Act only while physically located in Vermont and only if …
    “(c) The notarial act is performed
    “a. on a tangible record submitted to the notary public in its original paper format by the remotely located individual;
    “b. on a record transmitted electronically to the notary public by the remotely located individual and printed by the notary public prior to the notarial act being evidenced by a certificate; or
    “c. on an electronic record in accordance with Part 6 of these rules” (ER 4-2[c]).

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STANDARDS OF PRACTICE

Personal Appearance

  1. Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notary public” (26 VSA 5364[a]).

  2. In-Person Electronic Notarial Acts: “A notary public holding an electronic notary special endorsement may perform authorized notarial acts relating to electronic records only if the individual personally appears before the notary public at the time of the notarial act in accordance with 26 V.S.A. § 5364 or, if performing a notarial act for a remotely located individual, in accordance with Part 4 of these Rules” (ER 6-1[c]).

  3. Remote Notarial Acts: “A remotely located individual may comply with section 5364 of this chapter by using communication technology to appear before a notary public with a special commission endorsement” (26 VSA 5379[a]).
    “Remote Notarial Acts performed in accordance with these rules fulfill the personal appearance requirements set forth in 26 V.S.A. Chapter 103” (ER 4-1).

Identification

  1. Notarial Acts

    1. Personal Knowledge: “A notary public has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (26 VSA 5365[a]).

    2. Satisfactory Evidence

      1. Identification Documents: “A notary public has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
        “(1) by means of:
        “(A) a passport, driver’s license, or government issued non-driver identification card, which is current or expired not more than three years before performance of the notarial act; or
        “(B) another form of government identification issued to an individual, which is current or expired not more than three years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer…. (26 VSA 5365[b][1]).

      2. Credible Witness: “A notary public has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual … by a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license, or government issued non-driver identification card, which is current or expired not more than three years before performance of the notarial act” (26 VSA 5365[b][2]).

    3. Additional Information or Credentials: “A notary public may require an individual to provide additional information or identification credentials necessary to assure the notary public of the identity of the individual” (26 VSA 5365[c]).

  2. In-Person Electronic Notarial Acts

    1. Requirement: “A notary public authorized to perform notarial acts on an electronic record shall verify the identity of the individual prior to performing a notarial act in accordance with 26 V.S.A. § 5365 and, if performing the notarial act for a remotely located individual, in accordance with Part 4, herein” (ER 6-1[d]a).

    2. Prohibition: “A notary public shall not base identification of an individual solely on familiarity with an individual’s signature or an electronic verification process that authenticates the individual’s electronic signature” (ER 6-1[d]b).

  3. Remote Notarial Acts

    1. Definition: “'Identity proofing' means a process or service operating in accordance with section 5380 of this chapter and any standards adopted by the Office pursuant to section 5323 of this chapter 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” (26 VSA 5304[8]).

    2. Requirement

      1. Personal Knowledge: “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 … has personal knowledge under subsection 5365(a) of this chapter of the identity of the individual….” (26 VSA 5379[b][2][A]).

      2. Credible Witness: “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 … 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 subsection 5365(b) of this chapter…. (26 VSA 5379[b][2][B]).

      3. Identity Proofing: “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 … has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing” (26 VSA 5379[b][2][C]).

        1. Credential Analysis and Dynamic Knowledge-Based Authentication: According to CVR 040-30-015.8-6a), the two forms of identity proofing a Notary must use are credential analysis and dynamic knowledge-based authentication.

        2. Credential Analysis Standards: “Credential analysis shall use public or private data sources to confirm the validity of the identification credential presented by a Remotely Located Individual and shall, at a minimum:

          “i. Use automated software processes to aid the notary public in verifying the identity of each Remotely Located Individual;

          “ii. Require the identification credential to pass an authenticity test, consistent with sound commercial practices, that uses appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features and to confirm that the identification credential is not fraudulent or inappropriately modified;

          “iii. Use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credential details; and

          “iv. Enable the notary public visually to compare for consistency the information and photograph on the identification credential and the Remotely Located Individual as viewed by the notary public in real time through communication technology” (CVR 040-30-015.8-6b)).

        3. Dynamic Knowledge-Based Authentication Standards: “A dynamic knowledge-based authentication assessment is successful if it meets the following requirements:

          “i. The Remotely Located Individual must answer a quiz consisting of a minimum of five questions related to the individual’s personal history or identity formulated from public or private data sources
          “ii. Each question must have a minimum of five possible answer choices;

          “iii. At least eighty percent of the questions must be answered correctly;

          “iv. All questions must be answered within two minutes;

          “v. If the Remotely Located Individual fails the first attempt, the individual may retake the quiz once within twenty-four hours;

          “vi. During a retake of the quiz, a minimum of forty percent of the prior questions must be replaced;

          “vii. If the Remotely Located Individual fails the second attempt, the individual must not be allowed to retry with the same online notary public within twenty-four hours of the second failed attempt; and

          “viii. the notary public must not be able to see or record the questions or answers” (CVR 040-30-015.8-6b)).

Refusal of Services

  1. Specific Grounds

    1. Competence: “A notary public may refuse to perform a notarial act if the notary public is not satisfied that … the individual executing the record is competent or has the capacity to execute the record….” (26 VSA 5372[b][1]).

    2. Willingness: “A notary public may refuse to perform a notarial act if the notary public is not satisfied that … the individual’s signature is knowingly and voluntarily made” (26 VSA 5372[b][2]).

  2. General Grounds: “A notary public may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter” (26 VSA 5372[b]).

Signature by Proxy

“If an individual is physically unable to sign a record, the individual may direct an individual other than the notary public to sign the individual’s name on the record. The notary public shall insert “Signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar import” (26 VSA 5366).

Disqualifying Interest

  1. Financial or Beneficial: “A notary public shall not perform a notarial act with respect to a record to which the notary public or the notary public’s spouse is a party, or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (26 VSA 5362[b]).
    “Although the administration of an oath is a ministerial act, it has been generally held that, whether ministerial or quasi-judicial in nature, public policy forbids it to be done by one who has either a financial or a beneficial interest in the proceeding. This principle has been often applied where an acknowledgment to a deed or other instrument has been taken and certified by one who, although he was an officer legally authorized to perform the act, is a party to such deed or instrument, or otherwise interested therein… And while it may be possible to draw a distinction between an acknowledgment and an affidavit, in both cases the same reason forbids official action by one who is benefited thereby” (Schirmer v. Myrick, 111 Vt. 255 [1940]).

  2. Corporations: “A person legally qualified to take acknowledgments shall not be disqualified to take such acknowledgments to an instrument in which a corporation is a party, by reason of his being a stockholder in or an officer or employee of such corporation” (11 VSA 231).

Unauthorized Practice of Law

“A commission as a notary public shall not authorize an individual to assist a person in drafting legal records, give legal advice, or otherwise practice law” (26 VSA 5345[e]).

In-Person Electronic Notarial Acts

  1. Applicable Law

    1. Uniform Electronic Transactions Act: Effective January 1, 2004, Vermont adopted the Uniform Electronic Transactions Act (9 VSA Chapter 20), including the provision on notarization and acknowledgment, thereby recognizing the legal validity of electronic signatures used by Notaries (9 VSA 280): “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” (9 VSA 280).

    2. Uniform Real Property Electronic Recording Act: Effective July 1, 2022, Vermont adopted the Uniform Real Property Electronic Recording Act, including the provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries on electronic real estate records: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (27 VSA 623[c]).

    3. Revised Uniform Law on Notarial Acts: Vermont has enacted the Revised Uniform Law on Notarial Acts provisions regarding notarizing electronic records. These provisions are summarized below.

    4. Rules: “Neither electronic notarization nor remote online notarization shall be allowed until the Secretary of State has adopted rules and prescribed standards in these areas” (26 VSA 5323[c]). Emergency rules for in-person electronic notarial acts may be found in Emergency Rules for Remote and Electronic Notarial Acts” (adopted March 4, 2024).

  2. Tamper-Evident Technology

    1. Definitions

      1. “'Tamper-evident' means means that any change to an electronic record is detectable after the performance of the notarial act” (CVR 04-30-015.1-20).

      2. “'Digital Certificate' means the digital certificate obtained from a third-party that verifies the identity of the notary public and, after being applied to an electronic record, makes any changes to the electronic record tamper evident” (CVR 04-30-015.1-3).

    2. Selection by Notary: “A notary public holding a special commission endorsement pursuant to [VSA] subsection 5341(d) of this title and who is thus authorized to perform notarial acts on electronic records may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall 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” (26 VSA 5371[a]).

    3. Digital Certificate: “A notary public performing a notarial act on an electronic record shall, by use of a digital certificate, affix to or logically associate with the electronic notarial certificate and the record the notary public’s electronic signature and electronic Official stamp, if using” (CVR 04-30-015.7-2d)). (Note: A digital certificate is also required if the Notary is performing a remote notarial act (CVR 04-30-015.8-2e).)

    4. Electronic Signature and Official Stamp: For the requirements regarding use of the Notary’s electronic signature and official stamp, see “Signature and Seal,” below. (Note: These rules are also applicable if the Notary is performing a remote notarial act on an electronic record (CVR 04-30-015.8-2e).)

    5. Standards

      1. Capabilities: “The tamper-evident technology must be capable of
        “a. Affixing or attaching the notary public’s electronic signature to the electronic record in a manner that is capable of independent verification and renders evident any subsequent change or modification to the electronic record; and
        “b. Using a valid digital certificate issued by a third-party provider” (CVR 04-30-015.7-3a)).

      2. Prohibitions: “A notary public shall not perform a notarial act with respect to an electronic record if the digital certificate:
        “i. has expired;
        “ii. has been revoked or terminated by the issuing or registering authority;
        “iii. is invalid; or
        “iv. is incapable of authentication” (CVR 04-30-015.7-3c)).

  3. Technology Systems: For the requirements of technology providers who provide platforms or services for performing notarial acts on electronic records, see “Remote Notarial Acts,” below.

Remote Notarial Acts

  1. Applicable Law

    1. Revised Uniform Law on Notarial Acts: Vermont has enacted the Revised Uniform Law on Notarial Acts provisions regarding notarial acts for remotely located individuals. These provisions are summarized below.

    2. Code of Vermont Rules: Permanent rules adopted February 26, 2025 permit remote notarization of paper and electronic records. These rules are summarized below.

  2. Technology Systems

    1. Definition: “'Communication technology' means an electronic device or process operating in accordance with section 5380 of this chapter and any standards adopted by the Office pursuant to section 5323 of this chapter that:
      “(A) allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
      “(B) when necessary and consistent with other applicable laws, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment” (26 VSA 5304[4]).

    2. Registration: “Providers of the communication technologies, identity proofing, or storage must be registered with the Secretary of State to do business in Vermont and, by allowing communication technology or identity proofing to facilitate a notarial act of an electronic record or for a remotely located individual or by providing storage of the audiovisual recording under subdivision (b)(3) of this section, providers of the communication technology, identity proofing, or storage consent and agree that the service or process being provided is in compliance with the requirements set forth in this chapter and with any rules adopted by the Office [of Professional Regulation]” (26 VSA 5379[l]).

    3. Standards

      1. Audio and Visual Clarity: Communication technology must provide sufficient audio clarity and visual resolution to enable the Notary and the remotely located individual to see and speak to each other, simultaneously and without interruption, through live, real-time transmission throughout the duration of the notarial act, including through identity proofing, the signing by any parties present during the transaction, and the application of the Notary’s signature and seal (CVR 04-30-015.8-5b)i).

      2. Communication Accommodations: Communication technology must facilitate communication with a remotely located individual who has a vision, hearing, or speech impairment (CVR 04-30-015.8-5b)ii).

      3. Clarity of Identification Document: Communication technology must permit sufficient visual clarity to enable the notary to view, read, and record the front and back of any identification card presented as verification of identity (CVR 04-30-015.8-5b)iii).

      4. Confirmation of Record: Communication technology must provide for confirmation of the record under Part 8-2(c) (CVR 04-30-015.8-5b)iv).

      5. Authenticating Users: Communication technology must include a means of authentication that reasonably ensures only the authorized parties have access to the communication technology (CVR 04-30-015.8-5b)v).

      6. Prevent Unauthorized Access: Communication technology must provide reasonable security measures to prevent unauthorized access to:

        1. The live communication between the Notary and remotely located individual;

        2. The recording of the notarial act;

        3. Verification methods and credentials used to verify the identity of the remotely located individual; and

        4. Any electronic records presented for the performance of a notarial act (CVR 04-30-015.8-5b)vi).

        5. Producing Recordings: Communication technology must be capable of producing recordings of notarial acts for remotely located individuals in response to a request from the Notary, the Office of Professional Regulation, a court, or law enforcement in the course of an investigation (CVR 04-30-015.8-5b)vii).

        6. Copy of Recording: Communication technology must be capable of securely creating, storing, accessing, and reproducing a copy of a recording of a notarial act (CVR 04-30-015.8-5b)viii).

    4. Approval of System Providers: Not required.

    5. List of System Providers: Not currently provided.

  3. Confirmation of Record: “A notary public or notarial officer located in this State may perform a notarial act using communication technology for a remotely located individual if … [t]he notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature” (26 VSA 5379[b][3]; see also CVR 04-30-015.8-2c)).

  4. Remotely Located Individual Outside the U.S.: “A notary public or notarial officer located in this State may perform a notarial act using communication technology for a remotely located individual if … for a remotely located individual located outside the United States:
    “(A) the record:
    “(i) is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
    “(ii) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
    “(B) 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” (26 VSA 5379[b[5]; see also CVR 04-30-015.8-4).

  5. Recording of Remote Notarial Act: For the requirement that a Notary Public or a person acting on behalf of a Notary must create an audio-visual recording of the remote notarial act, see “Records of Notarial Acts,” below.

  6. Electronic Records: If an electronic record is used for the remote notarial act, the provisions of Part 7 of the Code of Vermont rules summarized under “In-Person Electronic Notarial Acts,” above and “Seal and Signature,” below must be followed.

  7. Remote Oaths: “A notary public located in this State may use communication technology under subsection (b) of this section to administer an oath or affirmation to a remotely located individual if, except as otherwise provided by other law of this State, the notary public:
    “(1) identifies the individual under subdivision (b)(2) of this section;
    “(2) creates or causes the creation under subdivision (b)(4) of this section of an audiovisual recording of the individual taking the oath or affirmation; and
    “(3) retains or causes the retention under subsection (k) of this section of the recording” (26 VSA 5379[g]; see also CVR 04-30-015.8-3).

Paper Remote Notarization

  1. Acknowledgments Only: “A notary public in this State may use communication technology under subsection (b) of this section to take an acknowledgement of a signature on a tangible record physically present before the notary public if the record is displayed to and identified by the remotely located individual during the audiovisual recording under subdivision (b)(4) of this section” (26 VSA 5379[c]).

  2. Communication Technology: For the standards for communication technology used to perform a paper remote notarial act, see “Remote Notarial Acts” and “Technology Systems, above.

  3. Confirmation of Paper Record