Title 42, Title 42 Affairs and Government

(a) A remotely located individual may comply with § 42-30.1-5 by using communication technology to appear before a notary public. (b) A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if: (1) The nota…

(a) A notarial act for a remotely located individual pursuant to § 42-30.1-12.1 shall be evidenced by a certificate. The certificate shall: (1) Be executed contemporaneously with the performance of the notarial act; (2) Be signed and dated by the notarial officer and, if the nota…

The official stamp of a notary public must: (1) Include the notary public’s name, the words “notary public,” jurisdiction, and other information required by the rules of the commissioning agency; and (2) Be capable of being copied together with the record to which it is affixed o…

(a) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has…

(a) A notarial act may be performed in this state by: (1) A notary public of this state; (2) An individual qualified under subsection (b) of this section may apply to the commissioning officer for a commission as a notary public. The applicant shall comply with the information re…

(a) The commissioning officer may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including …

The commissioning agency shall maintain an electronic database of notaries public: (1) Through which a person may verify the authority of a notary public to perform notarial acts; and (2) That indicates whether a notary public has notified the commissioning agency that the notary…

(a) A commission as a notary public does not authorize an individual to: (1) Assist persons in drafting legal records, give legal advice, or otherwise practice law; (2) Act as an immigration consultant or an expert on immigration matters; (3) Represent a person in a judicial or a…

Except as otherwise provided in § 42-30.1-3(b), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not pre…

For purposes of this chapter, the following definitions apply: (1) “Acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacit…

A fee of five dollars ($5.00) shall be charged and collected by the office of the secretary of state for the authentication or certification of the signature of a notary public. In any event where the office of the secretary of state shall authenticate or certify the signatures o…

(a) A notary public may charge a fee not to exceed twenty-five dollars ($25.00) per document or notarization. All fees must be disclosed to any person utilizing the services of the notary public prior to performance of the notarial act. (b) In performing a notarial act for a remo…

A notary public who, in the exercise of the powers or in the performance of the duties of the office, shall practice any fraud or deceit, the punishment for which is not otherwise provided for by law, shall be guilty of a misdemeanor and fined not more than one thousand dollars (…

A commission as a notary public in effect on January 1, 2019, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after January 1, 2019, is subject to and shall comply with this chapter. A notary public, in performing…

This chapter does not affect the validity or effect of a notarial act performed before January 1, 2019.

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices …

(a) A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this chapter. (b) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.

(a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the…

If a notarial act relates to a statement made in, or a signature executed upon, a record, the individual making the statement or executing the signature shall appear personally before the notarial officer. For purposes of this section, personal appearance means that the principal…

(a) A notarial officer has personal knowledge of the identity of an individual appearing before the notarial officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity clai…

(a) A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that: (1) The individual executing the record is competent or has the capacity to execute the record; or (2) The individual’s signature is knowingly and voluntarily made. (b) A no…

If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert “Signature affixed by (name of other individual) at the direction of (nam…

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.