Vermont - U.S. Notary Reference
Last Update: March 7, 2024
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.
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
Address: Office of Secretary of State
Office of Professional Regulation
89 Main St, 3rd Floor
Montpelier VT 05620-3402Phone: 802-828-1501
Statutes, Rules and Guidance
Statutes: 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.”
Rules: Emergency rules (ER) implementing remote notarial acts and permanent rules for Notary Public continuing education (CE) may be downloaded from the Secretary of State’s website.
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.
COMMISSION AND APPOINTMENT
Commission Process
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]).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]).
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 (CE 4.3.a). Courses may be synchronous or asynchronous, recorded or live, or in-person or remote, but must include both audio and visual content (CE 4-2).
Course Length: “Commission holders are required to complete one hour of continuing education prior to the first renewal of a Commission after a full, two-year biennial period” (CE 3-3.c).
Exemption: “vb The continuing education requirement is not mandatory for an initial renewal of the Commission if the notary public has held the Commission for less than two years. In turn, Commission holders who first obtain a Commission during a two-year biennium period do not need to complete one hour of continuing education before the first renewal of the Commission” (CE 3-3.b[i]).
“If an initial Commission is issued fewer than 90 days prior to the beginning of a two-year biennial Commission period.
“i. The Commission holder does not need to renew the Commission at the beginning of that biennial period.
“ii. The Commission shall be valid through the end of that next two-year biennial period.
iii. The Commission holder is required to complete one hour of continuing education during that two-year biennial period and show compliance with the continuing education requirements when renewing the Commission at the end of that two-year biennial period” (CE 3-3.c).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”).
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”).
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”).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”).Fee: As indicated above, the fee for applying for a commission is $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”).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”).Background Screening: Not required.
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]).
Reappointment: “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”).
“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”).
“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”).
“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”).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]).
Exemptions
General Exemptions: “(a) Judiciary- and law enforcement-related employees.
“(1) Employee exemptions.
“(A) Judiciary-related.
“(i) The persons set forth in subdivision (2)(A) of this subsection, 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.
“(ii) A commission issued to a person under subdivision (A) shall not be considered a license.
“(B) Law enforcement-related.
“(i) The persons set forth in subdivision (2)(B) of this subsection, 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.
“(ii) A notarial act that identifies the notary public as a person who is exempt under this subdivision (B) shall establish as a matter of law that the person is commissioned as a notary public for the purpose of acting within the scope of official duties under this subsection.
“(2) Employees, defined.
“(A) Judiciary-related. 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.
“(B) Law enforcement-related. 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.
“(3) Official duties, defined. As used in subdivision (1) of this subsection, “acting within the scope of official duties” means that a person is notarizing a document that:
“(A) the person believes is related to the execution of the person’s duties and responsibilities of employment or is the type of document that other employees notarize in the course of employment;
“(B) is useful or of assistance to any person or entity identified in subdivision (2) of this subsection (a);
“(C) is required, requested, created, used, submitted, or relied upon by any person or entity identified in [26 VSA 5305] subdivision (2) of this subsection (a);
“(D) is necessary in order to assist in the representation, care, or protection of a person or the State; “(E) is necessary in order to protect the public or property;
“(F) is necessary to represent or assist crime victims in receiving restitution or other services; “(G) relates to a Vermont or federal court rule or statute governing any criminal, postconviction, mental health, family, juvenile, civil, probate, Judicial Bureau, Environmental Division, or Supreme Court matter; or
“(H) relates to a matter subject to Title 4, 12, 13, 15, 18, 20, 23, or 33 of the Vermont Statutes Annotated” (26 VSA 5305[a]).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]).Attorney Exemptions: “(1) 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]).Town Clerks and Justices of the Peace Exemptions: “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]).
Special Endorsement to Perform In-Person Electronic and Remote Notarial Acts
As of the date of publication, the Office of Professional Regulation has not begun accepting applications for a special endorsement to perform in-person electronic or remote notarial acts.
“Does Vermont allow electronic or remote notarizations at this time?
Vermont law prohibits remote online notarization and electronic notarization until the Secretary of State has adopted rules and prescribed standards for these practices. 26 V.S.A. Sec. 5323. The Secretary of State has not yet adopted such rules. In turn, remote online notarization and electronic notarization are not yet permitted in the State of Vermont. Please continue to visit our website, https://sos.vermont.gov/notaries-public/, for updates on the Notary Public Rules” (website, “Notary FAQs”).
The statutes and emergency rules related to in-person electronic and remote notarial acts are summarized below and under “Standards for Notarial Acts,” below.
Remote notarial acts on tangible (paper) documents under the Secretary of State’s emergency rules and guidance are effective until August 31, 2024. See “Emergency Rules and Guidance Provisions” under “Standards for Notarial Acts,” below.
In-Person Electronic Notarial Acts
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]).
Notary Commission Required: “A notary public shall hold a notary public commission to be eligible for a special endorsement to perform notarial acts on electronic records” (26 VSA 5341[d]).
Application: “A notary public shall apply for the special commission endorsement for the performance of notarial acts on electronic records … by filing with the Office an application provided by the Office accompanied by the required fees and evidence of eligibility, as required in rules adopted by the Office in accordance with section 5323 of this chapter” (26 VSA 5341[d]).
“These rules do not waive the requirement that a notary public hold a special endorsement to perform notarial acts on electronic records. The performance of notarial acts on an electronic record is prohibited unless the notary public holds a special endorsement issued by the Office in accordance with these Emergency Rules” (ER 1-2.c).Fee: “For issuance of a special endorsement authorizing the performance of electronic … notarial acts in accordance with [VSA] subsection 5341(d) of this chapter, the Office shall collect a fee of $30.00” (26 VSA 5324[b]).
Rules: “The Office [of Professional Regulation] shall adopt rules for obtaining and regulating a special commission endorsement authorizing a notary public to perform notarial acts on electronic records and for remotely located individuals. These rules shall require notaries public performing notarial acts on electronic records and for remotely located individuals to ensure the communication technology and identity proofing used for the performance of the notarial act on electronic records or for remotely located individuals comply with the requirements of [VSA] section 5380 of this chapter and any rules adopted by the Office in accordance with section 5323 of this chapter” (26 VSA 5341[d]).
Renewal: “A notary public shall renew the electronic notary special endorsement commission every two years at the same time the notary public renews their notary public commission” (ER 5-3).
Remote Notarial Acts
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]).
“The requirements in 26 V.S.A. §§ 5341(d) and (e) and 26 V.S.A. § 5379(b) that a notary public shall obtain a special endorsement from the Office to perform a notarial act for a remotely located individual is waived until the expiration of these emergency rules” (ER 1-2.b).Notary Commission Required: “A notary public shall hold a notary public commission to be eligible for a special endorsement to perform notarial acts … for remotely located individuals” (26 VSA 5341[d]).
Application: “A notary public shall apply for the special commission endorsement for the performance of notarial acts … for remotely located individuals by filing with the Office an application provided by the Office accompanied by the required fees and evidence of eligibility, as required in rules adopted by the Office in accordance with section 5323 of this chapter” (26 VSA 5341[d]).
Fee: “For issuance of a special endorsement authorizing the performance of electronic … notarial acts in accordance with [VSA] subsection 5341(d) of this chapter, the Office shall collect a fee of $30.00” (26 VSA 5324[b]).
Rules: “The Office [of Professional Regulation] shall adopt rules for obtaining and regulating a special commission endorsement authorizing a notary public to perform notarial acts on electronic records and for remotely located individuals. These rules shall require notaries public performing notarial acts on electronic records and for remotely located individuals to ensure the communication technology and identity proofing used for the performance of the notarial act on electronic records or for remotely located individuals comply with the requirements of [VSA] section 5380 of this chapter and any rules adopted by the Office in accordance with section 5323 of this chapter” (26 VSA 5341[d]).
Renewal: “A notary public shall renew the electronic notary special endorsement commission every two years at the same time the notary public renews their notary public commission” (ER 5-3).
Online Search
The “Notary Public Database” may be accessed through the Secretary of State’s website (“Find a Notary” link) by entering a Notary’s name, city or county. Information provided includes the Notary’s address and term of office.
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: “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”).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Vermont Notaries are authorized to perform the following notarial acts (26 VSA 5304[7][a]):
Take acknowledgments;
Administer oaths and affirmations;
Take verifications on oath or affirmation;
Attest signatures;
Note protests of negotiable instruments;
Take depositions (Vermont Rules of Civil Procedure [VRCP] 28[a]);
Certify tangible copies of electronic records (26 VSA 6362[c]).
Issue subpoenas (VRCP 45[a]).
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
Definition: “‘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]).
Requirements: “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 and that the signature on the record is the signature of the individual” (26 VSA 5363[a]).
“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
Definition: “‘Oath’ shall include affirmation where by law an affirmation may be substituted. In like cases, ‘sworn’ shall include affirmed” (1 VSA 127).
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
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).
Requirements: “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 and that the signature on the statement verified is the signature of the individual” (26 VSA 5363[b]).
Signature Attestations
Requirements: “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]).
Protests
Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (9A VSA 3-505[b]).
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
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]).
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
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]).
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]).
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
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).
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]).
STANDARDS OF PRACTICE
Personal Appearance
Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notary public” (26 VSA 5364[a]).
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]).
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).
As of the date of publication, the Office of Professional Regulation has not begun accepting applications for a special endorsement to perform remote notarial acts. See “Commission and Appointment,” above for more information.
Identification
Notarial Acts
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]).
Satisfactory Evidence: “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; or
“(2) 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]).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]).
In-Person Electronic Notarial Acts
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).
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).
Remote Notarial Acts
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]).
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:
“(A) has personal knowledge under subsection 5365(a) of this chapter of the identity of the individual;
“(B) 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; or
“(C) 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]).
As of the date of publication, the Office of Professional Regulation has not begun accepting applications for a special endorsement to perform remote notarial acts. See “Commission and Appointment,” above for more information.
Refusal of Services
Specific Grounds: “A notary public may refuse to perform a notarial act if the notary public 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” (26 VSA 5372[a]).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
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]).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
Applicable Law
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).
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]).
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.
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).
Tamper-Evident Technology
Definitions
“'Tamper-evident' means that any change to an electronic record after the performance of the notarial act is detectable” (ER 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” (ER 2).
Requirement: “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]).
“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 any subsequent change or modification to the electronic record evident; and
“b. Utilizing a valid digital certificate issued by a third-party provider. 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” (ER 6.2[b]).
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
Applicable Law
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.
Emergency Rules: Emergency rules adopted March 4, 2024, and expiring August 31, 2024 permit remote notarization of paper and electronic records. These emergency rules, which were in effect during the COVID-19 pandemic, may be found at https://sos.vermont.gov/media/rc3idrqn/final-emergency-rules-for-remote-and-electronic-notarial-acts.pdf. These rules are summarized below.
Guidance: Guidance on the application of the emergency rules for remote notarization may be found in “Guidance on Emergency Rules for Notaries Public and Remote Notarization” and downloaded from the Secretary of State’s website at https://sos.vermont.gov/media/mixppvcq/emergency-rules-remote-notary-final-2020-0324.pdf.
Technology Systems
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]).
Standards: “Communication technology and identity proofing providers shall develop, maintain, and implement processes and services that are consistent with the requirements of this chapter and industry standards and best practices for the process or service provided. Providers must also comply with all applicable federal and State regulations, rules, and standards, including:
“(1) with respect to communication technology, regulations, rules, and standards specific to simultaneous communication by sight and sound and information and communication technology for individuals with physical, sensory, and cognitive disabilities; and
“(2) with respect to identity proofing, regulations, rules, and standards specific to the enrollment and verification of an identity used in digital authentication” (26 VSA 5380[a]).
“'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]).Approval of System Providers: Not required.
List of System Providers: Not currently provided.
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]).
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]).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.
Audiovisual Recording: For the requirements of keeping a recording of the audio and video of remote notarial acts, see “Records of Notarial Acts,” below.
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]).
Paper Remote Notarization
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]).
Confirmation of Paper Record: “The requirement under subdivision (b)(3) of this section for the performance of a notarial act with respect to a tangible record not physically present before the notary public is satisfied if:
“(1) the remotely located individual:
“(A) during the audiovisual recording under subdivision (b)(4) of this section, signs:
“(i) the record; and
“(ii) a declaration, in substantially the following form, that is part of or securely attached to the record:
I declare under penalty of perjury that the record of which this declaration is part or to which it is attached is the same record on which (name of notary public), a notary public, performed a notarial act and before whom I appeared by means of communication technology on _______________ (date).
Signature of remotely located individual ______________________
Printed name of remotely located individual____________________” (26 VSA 5379[d][1]).Audio-Visual Recording: A notarial officer who performs a notarial act using communication technology on a paper record must make an audio-visual recording of the notarial act. In the audio-visual recording, the notarial officer must record the individual signing the record and declaration (26 VSA 5379[d][1][A]); see “Records of Notarial Acts,” below).
Certificate of Notarial Act: After receipt of the paper record and declaration from the individual, the notarial officer must execute the certificate of notarial act required by 26 VSA 5367, which must include the following statement or words of similar import: “I (name of notary public) witnessed, by means of communication technology, (name of remotely located individual) sign the attached record and declaration on (date)” (26 VSA 5379[d][2][B]).
Alternative Procedures Authorized: “Subsection (d) of this section does not preclude use of another procedure to satisfy subdivision (b)(3) of this section for a notarial act performed with respect to a tangible record” (26 VSA 5379[f]).
Effective Date of Notarial Act: “A notarial act performed in compliance with subsection (d) of this section complies with subdivision 5367(a)(1) of this chapter and is effective on the date the remotely located individual signed the declaration under subdivision (d)(1)(A)(ii) of this section” (26 VSA 5379[e]).
Personal Appearance: “Pursuant to these rules, the requirement for a personal appearance is satisfied if the notary public and the person executing the signature are in the same physical place or the person, if remotely located, is using communication technology, as defined in 26 V.S.A. § 5304(4), to appear before the notary public using the protocols and standards prescribed in this rule” (ER 1-1.b).
Emergency Guidance Provisions
Tangible Documents Only: Note: The emergency guidance was drafted during the COVID-19 pandemic when remote notarial acts could be performed only on tangible (paper) documents.
“The signer and the notary public must both physically sign a tangible piece of paper. Electronic signatures are not permissible. The Rules permit the signer to sign the record, and transmit that signed record (by mail or electronic means such as email, facsimile, or photograph) to the notary public. The notary public must then affix the notarial act certificate to the record received from the signer” (Guidance 1.c).
“Original” Document: “The final record resulting from the above process (with the copy of the signer’s signature and the original or “wet signature” from the notary public) will be the “original” of the document. This means that, if the authenticity of the document is called into question or reviewed at some future date, this final record will be accorded the “self-authenticating” status of an “original” version of a record, as that term is defined in the Vermont Rules of Evidence.
“i. This provision is included in the Rules for legal purposes. Notaries public and signers need not be overly concerned about the use of the term “original”, though both parties should remain aware that the final record, with either a copy or the wet signature of signer, and the notary public’s signature is the “original” of the document under law” Guidance 1.d).Secure Communication Link: “The video conference technology used for Remote Notarization must:
“1. Allow for live interaction between the signer(s) and the notary public;
“2. Be of such quality that clear visual observation of the face of each participant and clear visual observation of the identification being provided; and
“3. Have an audio-visual recording function such that the notary public can record the meeting between the Remotely Located Individual and the notary public.
“a. No pre-recorded video of the person signing is allowed.
”ii. OPR used the term “Secure Communication Link” because it is the term used in the statute. The term, however, is defined in the Rules as any communication technology that allows the signer and the notary public to see each other simultaneously. There are no other security requirements for the “secure communication link” (Guidance 1.a).Location of Signer and Notary: “The signer of the records, defined in the Rules as the “Remotely Located Individual”, and the notary public must both be located in Vermont when the Remote Notarial Act is performed” (Guidance 1.b).
Process: “Below is the process that OPR envisions taking place. If a deviation from these procedures is required, notaries public should consult the Rules to determine whether such a change is permitted.
“a. The signer who is making the statement and/or executing the document (the “Remotely Located Individual”) and the notary public will engage over a Secure Communication Link. The notary public, or someone designated by the notary public, will begin recording the communication.
“b. The Remotely Located Individual will either
“i. Send a copy of the document to be signed to the notary public prior to signing, OR
“ii. Hold up each page of the document to the video recording device such that the notary public is able to later confirm that the signed document received from the Remotely Located Individual is the same as the one the notary public witnessed being signed over the Secure Communication Link.
“c. The notary public will confirm, visually and through audio, the identification of the Remotely Located Individual. This means that one of the following will be true:
“i. The notary public has personal knowledge of the Remotely Located Individual (i.e., the Remotely Located Individual is personally known to the notary public through dealings sufficient to provide reasonable certainty that the Signer has the identity claimed); OR
“ii. The notary public has satisfactory evidence of the identity of the Remotely Located Individual through verification, on oath or affirmation, from a credible witness appearing before the notary public;
Note: The credible witness may appear to the notary public through the same Secure Communication Link, either co-located with the Remotely Located Individual or on a third line that is simultaneously participating in the communication between the Remotely Located Individual and the notary public.
“iii. The Remotely Located Individual will hold up to the video recording device two forms of identification long enough for the notary public to confirm that the forms of identity meet the requirements in statute and that they provide satisfactory evidence of the Remotely Located Individual’s identity.
“Note: The two forms of identification must include:
“1. At least one of the following that is current or expired within the past three (3) years:
“a. a passport
“b. a driver's license
“c. a government-issued nondriver identification card; or
“d. another form of government identification issued to an individual, which contains the signature or a photograph of the individual, and is satisfactory to the notary public.
“2. If a second form of identification that meets the requirements set forth in subsection (a) is not available, a second form of identification credential that assures the notary public of the identity of the Remotely Located Individual. By way of example, this could include tax forms, utility bills, library card, picture badges, corporate identification, credit cards or vital records.
“d. Each Remotely Located Individual and the notary public must indicate that they are physically located in the state of Vermont.
“e. The meeting will end. The notary public shall maintain the audio-visual recording of the meeting for at least seven years.
“f. On the same day that the document is signed, the Remotely Located Individual shall transmit by hand, email, fax, or other means a legible copy of the signed document to the notary public. This only requires the Remotely Located Individual to initiate the transmission of the signed document or a copy thereof to the notary public on the day that it is signed. If sending by mail, for instance, the Remotely Located Individual shall place the signed document in the mail on the same day the document is signed, though the notary public may not receive the document for several days.
“g. Upon receipt of the document, or a copy thereof, signed by the Remotely Located Individual, the notary public will confirm that the document received from the Remotely Located Individual is the same document the notary public witnessed the Remotely Located Individual sign over the Secure Communication Link.
“h. On the same day the document is received from the Remotely Located Individual, the notary public, using the certificate language set out herein, shall perform the notarial act on the document received from the Remotely Located Individual by mail or electronic means.
“i. Notaries public must only perform the notarial act on one document: either the copy of the document signed by the Remotely Located Individual received through electronic means, or the document with the Remotely Located Individual’s wet signature received by mail.
“i. (sic) The notary public shall retain, or promptly transmit, the final notarized document (now the “Original”) as instructed by the Remotely Located Individual” (Guidance 2).
Withholding Records
“Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person who seeks performance of a notarial act by the notary public” (26 VSA 5345[f]).
Validity of Notarial Acts
General: “Except as otherwise provided in subsection 5372(b) of this chapter [26 VSA Chapter 103], the failure of a notary public to perform a duty or meet a requirement specified in this chapter shall not impair the marketability of title or invalidate a notarial act or a certification evidencing the notarial act” (26 VSA 5373[a]).
Inaccurate Commission Expiration Date: “An acknowledgment that contains a notary commission expiration date that is either inaccurate or expired shall not invalidate the acknowledgment if it can be established that on the date the acknowledgment was taken, the notary public’s commission was active” (26 VSA 5373[b]).
Other Remedies: “The validity of a notarial act under this chapter shall not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this State other than this chapter or law of the United States” (26 VSA 5373[c]).
Defective Notarial Acts
“Defects in the written evidence of acknowledgment in a document in the public records may be cured by the notary public who performed the original notarial act. The notary public shall, under oath and before a different notary public, execute a writing correcting any defect. Upon recording, the corrective document corrects any deficiency and ratifies the original written evidence of acknowledgment as of the date the acknowledgment was originally taken” (26 VSA 5373[d]).
CERTIFICATE OF NOTARIAL ACT
Certificate Requirements
General Requirement: “A notarial act shall be evidenced by a certificate” (26 VSA 5367[a]).
Specific Requirements: “The certificate shall:
“(1) be executed contemporaneously with the performance of the notarial act;
“(2) be signed and dated by the notary public and be signed in the same manner as on file with the Office;
“(3) identify the jurisdiction in which the notarial act is performed;
“(4) contain the title of office of the notary public; and
“(5) indicate the date of expiration of the officer’s commission” (26 VSA 5367[a]).Tangible Records: “If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to or embossed on the certificate or, in the alternative, the notary shall clearly print or type the notary public’s name and commission number on the certificate” (26 VSA 5367[b][1]).
Electronic Records: “If a notarial act regarding an electronic record is performed by a notary public and the certificate contains the information specified in subdivisions (a)(2)–(4) of this section [26 VSA 5367], an official stamp may be attached to or logically associated with the certificate” (26 VSA 5367[b][2]).
Certificate Forms
Vermont has enacted the Revised Uniform Law on Notarial Acts and the Act’s short-form certificates. These certificate forms and forms for remote notarial acts appear below.
Acknowledgment by Individual (26 VSA 5368[1]) State of Vermont This record was acknowledged before me on __________ (date) by __________ (name(s) of individuals). (Signature of Notary Public) (Stamp) |
Acknowledgment by Representative (26 VSA 5368[2]) State of Vermont This record was acknowledged before me on __________ (date) by __________ (name(s) of individuals) as __________ type of authority, such as officer or trustee) of __________ (name of party on behalf of whom record was executed). (Signature of Notary Public) (Stamp) |
Verification on Oath or Affirmation (26 VSA 5368[3]) State of Vermont Signed and sworn to (or affirmed) before me on __________ (date) by __________ (name(s) of individual(s) making statement). Signature of Notary Public) (Stamp) |
Signature Attestation (26 VSA 5368[4]) State of Vermont Signed before me on __________ (date) by __________ (names of individuals). Signature of Notary Public) (Stamp) |
Copy Certification (26 VSA 5368[5]) State of Vermont I certify that this is a true and correct copy of a record in the possession of _________________________. Dated ____________________ Signature of Notary Public) (Stamp) |
Notarial Certificate of Law Enforcement Employees
“Law enforcement-related employees are exempt from all provisions of 26 V.S.A. Chapter 103, including the requirements regarding the content of certificates. See 26 V.S.A. Section 5305(a)(1)(B)(i). While OPR does not have the authority to require law enforcement-related employees to include certain information in the certificates accompanying notarial acts, we recommend that a law enforcement-related employee include the following with each notarial act:
“● the printed name of the law enforcement-related employee;
“● the signature of the law enforcement-related employee;
“● the date of the notarial act;
“● and the statement, 'Exempt as a Law Enforcement-Related Employee'“ (website, “Notary FAQs”).
Electronic Notarial Certificate
Definition: “'Electronic notarial certificate' means the portion of a notarized electronic record that is completed by a notary public evidencing the notarial act and that includes the information required under 26 V.S.A. §§ 5367 and 5379” (ER 2).
Requirement: “The notarial act shall be evidenced by an electronic notarial certificate which
“a. Shall be affixed to or logically associated with the electronic record; and
“b. Shall contain the information required under 26 V.S.A. §§ 5367 and 5380” (ER 6-1[e]).
Remote Notarial Certificate
Indication of Remote Notarial Act: “If a notarial act is performed under this section, the certificate of notarial act required by section 5367 of this chapter and the short-form certificate provided in section 5368 of this chapter must indicate that the notarial act was performed using communication technology” (26 VSA 5379[i]).
Contents: “Remote Notarial Acts shall be evidenced by a notarial certificate or an electronic notarial certificate. The notarial certificate and electronic notarial certificates shall
“(a) contain the information required under 26 V.S.A. §§ 5367 and 5380 and these Rules;
“(b) a statement that the notarial act was performed remotely; and
“(c) a statement that the notarial act involved the use of communication technology” (ER 4-3).Securing Certificate: “A certificate must be part of, or securely attached to, the document on which the Remote Notarial Act is performed.
“i. ‘Part of’ the document means the certificate is written on the copy of the document signed by the Remotely Located Individual.
“ii. ‘Securely attached’ to the document means the certificate is attached by staple, glue, or other permanent means, to the copy of the document signed by the Remotely Located Individual” (Guidance 3.c)Means of Affixation: “Certificates shall be printed, legibly handwritten, stamped, embossed, or any combination of these means, on the document signed by the Remotely Located Individual” (Guidance 3.d).
Sufficiency of Certificate
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 short form as set forth in section 5368 of this chapter [VSA Chapter 103];
“(2) is in a form otherwise permitted by the law of this State;
“(3) is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
“(4) sets forth the actions of the notary public and the actions are sufficient to meet the requirements of the notarial act as provided in sections 5362–5364 of this chapter [VSA Chapter 103] or a law of this State other than this chapter” (26 VSA 5367[d]).Remote Notarial Acts: “A short-form certificate provided in section 5368 of this chapter for a notarial act subject to this section is sufficient if it:
“(1) complies with rules adopted under section 5323 of this chapter; or
“(2) is in the form provided in section 5367 of this chapter and contains a statement substantially as follows: “This notarial act involved the use of communication technology.’” (26 VSA 5379[j]).
Security of Certificate
Tangible Records: “If a notarial act is performed regarding a tangible record, a certificate shall be part of, or securely attached to, the record” (26 VSA 5367[f][1]).
Electronic Records: “If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record” (26 VSA 5367[f][2]).
Rulemaking: “If the Office has established standards by rule pursuant to section 5323 of this chapter for attaching, affixing, or logically associating the certificate, the process shall conform to those standards” (26 VSA 5367[f][3]).
Executing a Certificate
“By executing a certificate of a notarial act, a notary public certifies that the notary public has complied with the requirements and made the determinations specified in sections 5363–5365 of this chapter [26 VSA Chapter 103]” (26 VSA 5367[e]).
“A notary public shall not affix the notary public’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (26 VSA 5367[e]).
SEAL AND SIGNATURE
Definitions
“‘Official stamp’ means a physical image affixed to or embossed on a tangible record or an electronic process, seal, or image or electronic information attached to or logically associated with an electronic record” (26 VSA 5304[12]).
“‘Stamping device’ means:
“(A) a physical device capable of affixing to or embossing on a tangible record an official stamp; or
“(B) an electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (26 VSA 5304[17]).
Official Stamp Requirement
Notarial Acts: Not required.
Vermont law does not require Notaries Public to use an official stamp if they clearly print or type the Notary’s name and commission number on a certificate of notarial acts (26 VSA 5367[b][1]). Otherwise, an official stamp is required.In-Person Electronic Notarial Acts: Permitted.
“If a notarial act regarding an electronic record is performed by a notary public and the certificate contains the information specified in subdivisions (a)(2)-(4) of this section, an official stamp may be attached to or logically associated with the certificate” (26 VSA 5367[b][2]).Remote Notarial Acts: Permitted for both tangible and electronic remote notarial acts.
Electronic Real Property Records: Not required.
“A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (27 VSA 623[c]).Information in Lieu of Official Stamp: “If a notary public chooses not to affix an official stamp to a record, the notary public shall clearly print or type the following:
“● Full name of notary public
”● Date (date of notarial act)
”● Jurisdiction (state and county)
”● Name of person signing record
”● Title of office of the notary public (“notary public”)
”● Date of expiration of the notary public’s commission.
“If a stamp does not include all of this information, the notary public shall legibly print or type the missing information in the certificate (e.g., if a stamp does not include a commission number, the notary public must print the commission number on the certificate)” (website, Notary FAQs).
Official Stamp Format
Notarial Acts
Elements: “The official stamp of a notary public shall … include the notary public’s name, jurisdiction, and other information required by the Office” (26 VSA 5370[1]).
Photocopiable: “The official stamp of a notary public shall … be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated” (26 VSA 5370[2]).
Commission Number: “The official stamp of a notary public must include the notary public’s legal name, jurisdiction, and commission number issued by the Office of Professional Regulation” (website, “Stamps & Certificates”).
“How many commission # digits are required to appear on the stamp? – You may list all 10 digits; however, you are only required to list the last 7 digits” (website, “Stamps & Certificates”).
In-Person Electronic Notarial Acts: Not prescribed.
Remote Notarial Acts: Not prescribed.
Examples
The below typical, actual-size examples of official Notary stamping devices which are allowed by Vermont law. Formats other than these may also be permitted.
Obtaining an Official Stamp
“Please wait to order your stamp until your Notary Public license is approved by the Office as a new commission number will be issued. Your new commission number will be different from your current commission number” (website, “Stamps & Certificates”).
Validity of Deeds and Conveyances Without Seal
“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 … and recorded at length in the clerk’s office of the town in which such lands lie. Such acknowledgment before a notary public shall be valid without an official seal being affixed to his or her signature” (27 VSA 341[a]).
Validity of Oaths Without Seal
“[A] notary public need not affix his official seal to a certificate of an oath administered by him” (12 VSA 5854).
Security of Stamping Device
“A notary public is responsible for the security of the notary public’s stamping device and shall not allow another individual to use the device to perform a notarial act” (26 VSA 5370[a]).
Lost or Stolen Stamping Device
“If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall notify promptly the Office on discovering that the device is lost or stolen” (26 VSA 5370[b]).
Notary Public Signature
“How should I sign my name when notarizing a document? – The signature on documents you notarize must match the signature on your Oath of Office/Affirmation. This should be your legal name” (website, “Notary FAQs”).
Electronic Notary Signature and Seal
Submission to OPR: “The notary public shall submit to the Office [Office of Professional Regulation] a copy of the notary public’s electronic signature and electronic official stamp, if using” (ER 6-3[a]a).
Digital Certificate Required: “A notary public performing a notarial act on an electronic record shall affix to or logically associate with the electronic notarial certificate the notary public’s electronic signature and electronic official stamp, if using, by use of a digital certificate” (ER 6-1[f]).
Unique to Notary: “The notary public’s electronic signature and electronic official stamp, if using, shall be unique to the notary public” (ER 6-3[a]b).
Same eSignature, eSeal: “A notary public authorized to perform electronic notarial acts shall use the same electronic signature and electronic official stamp, if using, for all electronic notarial acts” (ER 6-1[a]).
Sole Control: “A notary public’s electronic signature and electronic official stamp, if using, shall be retained under the notary public’s sole control and access” (ER 6-3[b]).
Use by Another
Notary Prohibition: A notary public shall not allow any other individual to use the notary public’s electronic signature or electronic official stamp, if using” (ER 6-3[b]).
Employer Prohibition: “A notary public’s employer must not permit the use of a notary public’s electronic signature or electronic official stamp, if using, by anyone except the notary public” (ER 6-3[b]a).
Disclosure of Access Credentials: “A notary public shall not disclose any access information used to affix the notary public’s electronic signature or the electronic image of the notary public’s official stamp, if using, except when requested by the Office or a designee, a judicial subpoena, and, with precautions, electronic document preparation and transmission vendors” (ER 6-3[c]).
“Control of security aspects, such as, but not limited to, passwords, token devices, biometrics, PINS, phrases, software on protected hardware shall remain under the sole control of the notary public” (ER 6-3[c]a).Notification of Theft: “A notary public shall immediately notify the Office of the theft of the notary public’s electronic signature, electronic official stamp, if using, or digital certificate” (ER 6-3[e]).
Termination of Commission or Endorsement: “Upon resignation, revocation, or expiration of the notary public’s commission or the notary public’s electronic notary specialty endorsement, the notary public shall destroy and disable their electronic signature and electronic official stamp, if using, including any coding, disk, digital certificate, card, software or password that enables the notary public to attach or logically associate the electronic signature or electronic official stamp, if using, to the electronic record, so as to prohibit the use of the electronic signature or electronic official stamp by any other person” (ER 6-3[d]).
RECORDS OF NOTARIAL ACTS
Records Requirement
Journal
Notarial Acts: Not required.
In-Person Electronic Notarial Acts: Not required.
Remote Notarial Acts: Not required.
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 … the notary public, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act” (26 VSA 5379[b][4]).
Retention and Disposition of Records
“A notary public, guardian, conservator, or agent of a notary public or a personal representative of a deceased notary public shall retain the audiovisual recording created under subdivision (b)(4) 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 rules adopted under section 5323 of this chapter, the recording must be retained for a period of at least 10 years after the recording is made” (26 VSA 5379[k]).
FEES FOR NOTARIAL ACTS
Vermont does not prescribe or regulate fees for notarial acts.
REAL ESTATE PRACTICES
Notary Signing Agents
Attorney-Only: In regard to the closing of real estate transactions, Vermont is regarded as an “attorney-only” state and Notary Signing Agents and other non-attorneys are not permitted to act by themselves when a loan or other real estate transaction is finalized.
Recording Requirements
Acknowledgment: “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 notary public and recorded at length in the clerk's office of the town in which such lands lie. Such acknowledgment before a notary public shall be valid without an official stamp being affixed to his or her signature” (27 VSA 341).
“A deed of bargain and sale, a mortgage or other conveyance of land in fee simple or for term of life, or a lease for more than one year from the making thereof shall not be effectual to hold such lands against any person but the grantor and his or her heirs, unless the deed or other conveyance is acknowledged and recorded as provided in this chapter” (27 VSA 342).Validity of Record: “Notwithstanding any provision of law to the contrary, a document that conveys an interest in real property shall be recordable in the land records and, if recorded, shall be sufficient for record notice to third parties, notwithstanding the failure of a notary public to perform any duty or meet any requirement specified in this chapter. Such failure includes the failure to comply in full or in part with the requirements of sections 5367-5369 of this title” (26 VSA 5373[e]).
RECOGNITION OF NOTARIAL ACTS
Notarial Acts in Vermont
“(a) 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.
“(b) 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” (26 VSA 5361).
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 notary public 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) If a deed or other conveyance or a power of attorney for the conveyance of land, the acknowledgment or proof of which is taken out of State, is certified agreeably to the laws of the state in which the acknowledgment or proof is taken, it shall be valid as though it were taken before a proper officer in this State.
“(c) An acknowledgment for a deed or other conveyance or a power of attorney for the conveyance of land that is taken out of State before a proper officer of this State shall be valid as if taken within this State.
“(d) 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.
“(e) The signature and title of a notarial officer described in subdivision (a)(1) or (2) of this section conclusively establish the authority of the officer to perform the notarial act” (26 VSA 5374).
Notarial Acts Under Authority of Federally Recognized Indian Tribe
“(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notary public of this State, if the act performed in the jurisdiction of the tribe is performed by:
“(1) a notary public of the tribe;
“(2) a judge, clerk, or deputy clerk of a court of the tribe; or
“(3) any other individual authorized by the law of the tribe to perform the notarial act.
“(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe 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 subdivision (a)(1) or (2) of this section conclusively establish the authority of the officer to perform the notarial act” (26 VSA 5375).
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 notary public 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 U.S. 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 subdivision (a)(1), (2), or (3) of this section shall conclusively establish the authority of the officer to perform the notarial act” (26 VSA 5376).
Notarial Acts in Foreign State
“(a) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe.
“(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, the act has the same effect under the law of this State as if performed by a notary public 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) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.
“(e) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“(f) A consular authentication issued by an individual designated by the U.S. 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” (26 VSA 5378).
Military Officers
“Whenever an oath of office, oath to an affidavit, deposition or other written instrument or an acknowledgment of a deed, lease, conveyance, release or other written instrument is required for use in or in connection with any matter pending in this state, such oaths may be taken before any officer of such armed forces of the rank of captain or rank superior thereto of the army or equivalent rank in the other branches of service or by a person authorized by law where such oath or acknowledgment is to be taken to administer oaths and the officer or person who administers such oath or takes such acknowledgment shall state such fact thereunder over his signature and rank or title” (12 VSA 5855).
AUTHENTICATION OF NOTARIAL ACTS
County Clerks
Locally, an authenticating certificate for a Vermont Notary may be obtained at the office of the county clerk in the county in which the Notary was appointed.
Secretary of State
“(a) The authenticity of the official notarial stamp and signature of a notary public may be evidenced by either:
“(1) A certificate of authority from the Secretary of State authenticated as necessary.
“(2) An apostille from the Secretary of State in the form prescribed by the Hague convention of October 5, 1961 abolishing the requirement of legalization of foreign public documents.
“(b) An apostille as specified by the Hague convention shall be attached to any document that requires authentication and that is sent to a nation that has signed and ratified this convention” (26 VSA 5377).
Fees: $10 per notarized document, covering “certification” for a Notary or county clerk, or an apostille; payable to “Vermont Secretary of State.”
Address:
Office of Secretary of State
Vermont State Archives & Records Administration
1078 U.S. Rte. 2 - Middlesex
Montpelier, VT 05633-7701Phone: 802-828-3287
Procedure: Mail or present in person the original notarized document(s), an Apostille/Certificate of Authentication Request form (available for download on the Secretary of State’s website) along with the appropriate fee. The document must have been notarized in Vermont (Apostille/Certificate of Authentication Request).
“A prepaid air bill is required if documents are to be returned via special means such as Federal Express or any other courier service. Unless otherwise instructed, documents are mailed back via first- class mail” (website, “Apostilles & Authentication”).
©2024 National Notary Association.