2022 -- H 7363 SUBSTITUTE B

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LC003255/SUB B

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- JUSTICES OF THE PEACE --

UNIFORM LAW ON NOTARIAL ACTS

     

     Introduced By: Representatives Casimiro, and Noret

     Date Introduced: February 04, 2022

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-30-5 of the General Laws in Chapter 42-30 entitled "Justices of

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the Peace" is hereby amended to read as follows:

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     42-30-5. Application for appointment.

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     (a) Application. Any individual desiring to be appointed a justice of the peace shall make

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written application to the governor over his or her own signature.

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     (b) Qualifications of applicants:

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     (1) The person qualified for a justice of the peace commission shall be at least eighteen

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(18) years of age and reside legally or conduct business on a regular basis within Rhode Island; and

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     (2) The applicant for appointment to the office of justice of the peace can speak, read, and

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write the English language and has sufficient knowledge of the powers and duties pertaining to that

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office.

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     (c) Attorneys and accountants. A member of the Rhode Island bar, and certified public

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accountants under § 5-3.1-5, shall, regardless of residence, be appointed a justice of the peace upon

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application and presentment of a certified copy of his or her certificate of admission to the bar or

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certificate of public accountancy.

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     (d) Any person making written application to be appointed a justice of the peace shall, at

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the time of application, pay to the secretary of state the sum of eighty dollars ($80.00).

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     SECTION 2. Sections 42-30.1-2, 42-30.1-3, 42-30.1-4, 42-30.1-5, 42-30.1-6 and 42-30.1-

 

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12 of the General Laws in Chapter 42-30.1 entitled "Uniform Law on Notarial Acts" are hereby

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amended to read as follows:

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     42-30.1-2. Definitions.

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     For purposes of this chapter, the following definitions apply:

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     (1) "Acknowledgment" means a declaration by an individual before a notarial officer that

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the individual has signed a record for the purpose stated in the record and, if the record is signed in

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a representative capacity, that the individual signed the record with proper authority and signed it

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as the act of the individual or entity identified in the record.

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     (2) "Commissioning agency" means the Rhode Island office of the secretary of state.

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     (3) "Commissioning officer" means the governor of the state of Rhode Island.

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     (4) "Communication technology" means an electronic device or process that:

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     (i) Allows simultaneous communication by sight and sound between a notary public and a

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remotely located individual; and

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     (ii) When necessary and consistent with other applicable law, facilitates communication

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with a remotely located individual who has a vision, hearing, or speech impairment by providing

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reasonable accommodations.

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     (4)(5) "Electronic" means relating to technology having electrical, digital, magnetic,

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wireless, optical, electromagnetic, or similar capabilities.

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     (5)(6) "Electronic signature" means an electronic symbol, sound, or process attached to, or

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logically associated with, a record and executed or adopted by an individual with the intent to sign

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the record.

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     (7) "Foreign state" means a jurisdiction other than the United States, a state, territory, or a

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federally recognized Indian tribe.

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     (8) "Identity proofing" means a process or service by which a third person provides a notary

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public with a means to verify the identity of a remotely located individual by a review of personal

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information from public or private data sources.

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     (6)(9) "In a representative capacity" means acting as:

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     (i) An authorized officer, agent, partner, trustee, or other representative for a person other

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than an individual;

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     (ii) A public officer, personal representative, guardian, or other representative, in the

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capacity stated in a record;

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     (iii) An agent or attorney-in-fact for a principal; or

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     (iv) An authorized representative of another in any other capacity.

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     (7)(10) "Notarial act" means an act, whether performed with respect to a tangible or

 

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electronic record, that a notarial officer may perform under the law of this state. The term includes

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taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or

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affirmation, witnessing or attesting a signature, certifying or attesting a copy, noting a protest of a

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negotiable instrument and transact, do and finish all matters and things relating to protests and

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protesting bills of exchange and promissory notes, and all other matters within their office required

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by law, take depositions as prescribed by law, and acknowledgments of deeds and other

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instruments.

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     (8)(11) "Notarial officer" means a notary public or other individual authorized to perform

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a notarial act.

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     (9)(12) "Notary public" means an individual commissioned to perform a notarial act by the

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commissioning officer.

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     (10)(13) "Official stamp" means a physical image affixed to a tangible record or an

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electronic image attached to, or logically associated with, an electronic record.

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     (14) "Outside the United States" means a location outside the geographic boundaries of the

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United States, Puerto Rico, the United States Virgin Islands, and any territory, insular possession,

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or other location subject to the jurisdiction of the United States.

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     (11)(15) "Person" means an individual, corporation, business trust, statutory trust, estate,

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trust, partnership, limited-liability company, association, joint venture, public corporation,

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government or governmental subdivision, agency, or instrumentality, or any other legal or

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commercial entity.

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     (12)(16) "Record" means information that is inscribed on a tangible medium or that is

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stored in an electronic or other medium and is retrievable in perceivable form.

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     (17) "Remotely located individual" means an individual who is not in the physical presence

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of the notary public who performs a notarial act pursuant to § 42-30.1-12.1.

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     (13)(18) "Sign" means, with present intent to authenticate or adopt a record:

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     (i) To execute or adopt a tangible symbol; or

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     (ii) To attach to, or logically associate with, the record an electronic symbol, sound, or

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process.

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     (14)(19) "Signature" means a tangible symbol or an electronic signature that evidences the

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signing of a record.

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     (15)(20) "Stamping device" means:

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     (i) A physical device capable of affixing an official stamp upon a tangible record; or

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     (ii) An electronic device or process capable of attaching to, or logically associating an

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official stamp with, an electronic record.

 

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     (16)(21) "State" means a state of the United States of America, the District of Columbia,

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Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the

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jurisdiction of the United States.

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     (17)(22) "Verification on oath or affirmation" means a declaration that a statement in a

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record is true, made by an individual under oath or by affirmation before a notarial officer.

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     42-30.1-3. Authority to perform notarial act.

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     (a) A notarial officer may perform a notarial act authorized by this chapter or by law of this

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state other than this chapter.

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     (b) A notarial officer may certify that a tangible copy of an electronic record is an accurate

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copy of the electronic record.

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     42-30.1-4. Requirements for certain notarial acts.

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     (a) A notarial officer who takes an acknowledgment of a record shall determine, from

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personal knowledge or satisfactory evidence of the identity of the individual, that the individual

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appearing before the officer and making the acknowledgment has the identity claimed and that the

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signature on the record is the signature of the individual.

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     (b) A notarial officer who takes a verification of a statement on oath or affirmation shall

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determine, from personal knowledge or satisfactory evidence of the identity of the individual, that

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the individual appearing before the notarial officer and making the verification has the identity

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claimed and that the signature on the statement verified is the signature of the individual.

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     (c) A notarial officer who witnesses or attests to a signature shall determine, from personal

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knowledge or satisfactory evidence of the identity of the individual, that the individual appearing

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before the notarial officer and signing the record has the identity claimed.

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     (d) A notarial officer who certifies or attests a copy of a record or an item that was copied

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shall determine that the copy is a full, true, and accurate transcription or reproduction of the record

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or item.

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     42-30.1-5. Personal appearance required.

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     If a notarial act relates to a statement made in, or a signature executed upon, a record, the

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individual making the statement or executing the signature shall appear personally before the

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notarial officer. For purposes of this section, personal appearance means that the principal and the

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notary public communicate by communication technology at the time of the notarization; or that

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the principal and notary public are physically close enough to communicate with each other at the

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time of notarization.

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     42-30.1-6. Identification of individual.

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     (a) A notarial officer has personal knowledge of the identity of an individual appearing

 

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before the notarial officer if the individual is personally known to the notarial officer through

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dealings sufficient to provide reasonable certainty regarding that the legal individual has the

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identity of the individual claimed.

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     (b) A notarial officer has satisfactory evidence of the identity of an individual appearing

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before the notarial officer if the notarial officer can identify the individual:

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     (1) By means of:

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     (i) A passport, driver's license, or government-issued, non-driver identification card, that

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is current or expired not more than three (3) years before performance of the notarial act; or

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     (ii) Another form of government identification issued to an individual that is current or

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expired not more than three (3) years before performance of the notarial act, contains the signature

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or a photograph of the individual, and is satisfactory to the notarial officer; or

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     (2) By a verification on oath or affirmation of a credible witness personally appearing

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before the notarial officer and known to the officer or whom the officer can identify on the basis of

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a passport, driver's license, or government issued nondriver identification card, which is current or

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expired not more than three (3) years before performance of the notarial act.

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     (c) A notarial officer may require an individual to provide additional information or

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identification credentials necessary to assure the notarial officer of the identity of the individual.

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     42-30.1-12. Foreign notarial act.

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     (a) In this section, "foreign state" means a government other than the United States of

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America or a state not including the state of Rhode Island.

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     (b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or

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constituent unit of the foreign state, or is performed under the authority of a multinational or

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international governmental organization, the act has the same effect under the law of this state as if

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performed by a notarial officer of this state.

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     (c) If the title of office and indication of authority to perform notarial acts in a foreign state

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appears in a digest of foreign law or in a list customarily used as a source for that information, the

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authority of an officer with that title to perform notarial acts is conclusively established.

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     (d) The signature and official stamp of an individual holding an office described in

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subsection (c) of this section are prima facie evidence that the signature is genuine and the

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individual holds the designated title.

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     (e) A consular authentication issued by an individual designated by the United States

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Department of State as a notarizing officer for performing notarial acts overseas and attached to

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the record with respect to which the notarial act is performed conclusively establishes that the

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signature of the notarial officer is genuine and that the officer holds the indicated office.

 

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     SECTION 3. Chapter 42-30.1 of the General Laws entitled "Uniform Law on Notarial

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Acts" is hereby amended by adding thereto the following sections:

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     42-30.1-12.1. Notarial act performed for remotely located individual.

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     (a) A remotely located individual may comply with § 42-30.1-5 by using communication

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technology to appear before a notary public.

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     (b) A notary public located in this state may perform a notarial act using communication

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technology for a remotely located individual if:

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     (1) The notary public:

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     (i) Has personal knowledge under § 42-30.1-6(a) of the identity of the individual;

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     (ii) Has satisfactory evidence of the identity of the remotely located individual by oath or

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affirmation from a credible witness appearing before the notary public under § 42-30.1-6(b)(2); or

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     (iii) Has obtained satisfactory evidence of the identity of the remotely located individual

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by using at least two (2) different types of identity proofing;

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     (2) The notary public is reasonably able to confirm that a record before the notary public

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is the same record in which the remotely located individual made a statement or on which the

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individual executed a signature;

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     (3) The notary public, or a person acting on behalf of the notary public, creates an audio-

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visual recording of the performance of the notarial act; and

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     (4) For a remotely located individual located outside the United States:

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     (i) The record:

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     (A) Shall be filed with or relates to a matter before a public official or court, governmental

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entity, or other entity subject to the jurisdiction of the United States; or

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     (B) Involves property located in the territorial jurisdiction of the United States or involves

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a transaction substantially connected with the United States; and

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     (ii) The act of making the statement or signing the record is not prohibited by the foreign

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state in which the remotely located individual is located.

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     (c) If a notarial act is performed under this section, the certificate of notarial act required

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by § 42-30.1-12.2 and the short-form certificate provided in § 42-30.1-12.2 must indicate that the

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notarial act was performed using communication technology.

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     (d) A short-form certificate provided in § 42-30.1-12.2(g) for a notarial act subject to this

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section is sufficient if it:

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     (1) Complies with rules adopted under subsection (g)(1) of this section; or

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     (2) Is in the form provided in § 42-30.1-12.2(g) and contains a statement substantially as

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follows: "This notarial act involved the use of communication technology."

 

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     (e) A notary public, a guardian, conservator, or agent of a notary public, or a personal

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representative of a deceased notary public shall retain the audio-visual recording created under

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subsection (b)(3) of this section, or cause the recording to be retained by a repository designated

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by or on behalf of the person required to retain the recording. Unless a different period is required

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by rule adopted under subsection (g)(4) of this section, the recording must be retained for a period

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of at least ten (10) years after the recording is made.

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     (f) Before a notary public performs the notary public’s initial notarial act under this section,

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the notary public must notify the commissioning agency that the notary public will be performing

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notarial acts with respect to remotely located individuals and identify the technologies the notary

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public intends to use. If the commissioning agency has established standards under subsection (g)

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of this section for approval of communication technology or identity proofing, the communication

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technology and identity proofing must conform to the standards.

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     42-30.1-12.2. Certificate of notarial act for a remotely located individual.

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     (a) A notarial act for a remotely located individual pursuant to § 42-30.1-12.1 shall be

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evidenced by a certificate. The certificate shall:

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     (1) Be executed contemporaneously with the performance of the notarial act;

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     (2) Be signed and dated by the notarial officer and, if the notarial officer is a notary public,

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be signed in the same manner as on file with the commissioning agency;

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     (3) Identify the jurisdiction in which the notarial act is performed;

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     (4) Contain the title of office of the notarial officer; and

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     (5) If the notarial officer is a notary public, indicate the date of expiration, if any, of the

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officer’s commission.

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     (b) If a notarial act regarding a tangible record is performed by a notary public, an official

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stamp shall be affixed to the certificate. If a notarial act is performed regarding a tangible record

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by a notarial officer other than a notary public and the certificate contains the information specified

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in subsections (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be affixed to the

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certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the

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certificate contains the information specified in subsections (a)(2), (a)(3), and (a)(4) of this section,

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an official stamp may be attached to or logically associated with the certificate.

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     (c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a)

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and (b) of this section, and:

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     (1) Is in a form otherwise permitted by the laws of this state;

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     (2) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act

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was performed; or

 

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     (3) Sets forth the actions of the notarial officer and the actions are sufficient to meet the

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requirements of the notarial act as provided in §§ 42-30.1-4, 42-30.1-5, and 42-30.1-6 or any other

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applicable laws of this state.

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     (d) By executing a certificate of a notarial act, a notarial officer certifies that the notarial

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officer has complied with the requirements and made the determinations specified in §§ 42-30.1-3,

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42-30.1-4, and 42-30.1-5.

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     (e) A notarial officer may not affix the notarial officer’s signature to, or logically associate

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it with, a certificate until the notarial act has been performed.

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     (f) If a notarial act is performed regarding a tangible record, a certificate must be part of,

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or securely attached to, the record. If a notarial act is performed regarding an electronic record, the

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certificate must be affixed to, or logically associated with, the electronic record.

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     (g) The commissioning agency shall develop short form certificates of notarial acts, if

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completed with the information required by subsections (a), (b) and (c) of this section, for the

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following purposes:

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     (1) An acknowledgment in an individual capacity;

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     (2) An acknowledgment in a representative capacity;

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     (3) A verification on oath or affirmation;

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     (4) Witnessing or attesting a signature;

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     (5) Certifying a copy of a record.

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     42-30.1-20.1. Fees to perform notarial acts.

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     (a) A notary public may charge a fee not to exceed twenty-five dollars ($25.00) per

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document or notarization. All fees must be disclosed to any person utilizing the services of the

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notary public prior to performance of the notarial act.

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     (b) In performing a notarial act for a remotely located individual pursuant to § 42-30.1-

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12.1, a notary public may charge a fee not to exceed twenty-five dollars ($25.00) per document or

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notarization. All fees must be disclosed to any person utilizing the services of the notary public

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prior to the performance of a notarial act pursuant to § 42-30.1-12.1.

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     SECTION 4. This act shall take effect upon passage.

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LC003255/SUB B

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- JUSTICES OF THE PEACE --

UNIFORM LAW ON NOTARIAL ACTS

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     This act would provide amendments to the notary public laws to permit remote

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notarization.

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     This act would take effect upon passage.

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LC003255/SUB B

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