CT
Connecticut House Bill HB05325

Connecticut 2020 Regular Session

Connecticut House Bill HB05325 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33
44 LCO No. 2195 1 of 26
55
66 General Assembly Raised Bill No. 5325
77 February Session, 2020
88 LCO No. 2195
99
1010
1111 Referred to Committee on COMMERCE
1212
1313
1414 Introduced by:
1515 (CE)
1616
1717
1818
1919
2020 AN ACT ADOPTING THE REVISED UNIFORM LAW ON NOTARIAL
2121 ACTS.
2222 Be it enacted by the Senate and House of Representatives in General
2323 Assembly convened:
2424 Section 1. (NEW) (Effective October 1, 2020) Sections 1 to 32, inclusive, 1
2525 of this act may be cited as the "Revised Uniform Law on Notarial Acts 2
2626 (2018)". 3
2727 Sec. 2. (NEW) (Effective October 1, 2020) As used in sections 1 to 32, 4
2828 inclusive, of this act: 5
2929 (1) "Acknowledgment" means a declaration by an individual before a 6
3030 notarial officer that the individual has signed a record for the purpose 7
3131 stated in the record and, if the record is signed in a representative 8
3232 capacity, that the individual signed the record with proper authority 9
3333 and signed it as the act of the individual or entity identified in the 10
3434 record. 11
3535 (2) "Electronic" means relating to technology having electrical, digital, 12
3636 magnetic, wireless, optical, electromagnetic or similar capabilities. 13 Raised Bill No. 5325
3737
3838
3939
4040 LCO No. 2195 2 of 26
4141
4242 (3) "Electronic signature" means an electronic symbol, sound or 14
4343 process attached to or logically associated with a record and executed 15
4444 or adopted by an individual with the intent to sign the record. 16
4545 (4) "In a representative capacity" means acting as: 17
4646 (A) An authorized officer, agent, partner, trustee or other 18
4747 representative for a person other than an individual; 19
4848 (B) A public officer, personal representative, guardian or other 20
4949 representative, in the capacity stated in a record; 21
5050 (C) An agent or attorney-in-fact for a principal; or 22
5151 (D) An authorized representative of another in any other capacity. 23
5252 (5) "Notarial act" means an act, whether performed with respect to a 24
5353 tangible or electronic record, that a notarial officer may perform under 25
5454 the law of this state. "Notarial Act" includes taking an acknowledgment, 26
5555 administering an oath or affirmation, taking a verification on oath or 27
5656 affirmation, witnessing or attesting a signature, certifying or attesting a 28
5757 copy and noting a protest of a negotiable instrument. 29
5858 (6) "Notarial officer" means a notary public or other individual 30
5959 authorized to perform a notarial act. 31
6060 (7) "Notary public" means an individual appointed to perform a 32
6161 notarial act by the Secretary of the State. 33
6262 (8) "Official stamp" means a physical image affixed to or embossed 34
6363 on a tangible record or an electronic image attached to or logically 35
6464 associated with an electronic record. 36
6565 (9) "Person" means an individual, corporation, business trust, 37
6666 statutory trust, estate, trust, partnership, limited liability company, 38
6767 association, joint venture, public corporation, government or 39
6868 governmental subdivision, agency or instrumentality or any other legal 40
6969 or commercial entity. 41 Raised Bill No. 5325
7070
7171
7272
7373 LCO No. 2195 3 of 26
7474
7575 (10) "Record" means information that is inscribed on a tangible 42
7676 medium or that is stored in an electronic or other medium and is 43
7777 retrievable in perceivable form. 44
7878 (11) "Sign" means, with present intent to authenticate or adopt a 45
7979 record: 46
8080 (A) To execute or adopt a tangible symbol; or 47
8181 (B) To attach to or logically associate with the record an electronic 48
8282 symbol, sound or process. 49
8383 (12) "Signature" means a tangible symbol or an electronic signature 50
8484 that evidences the signing of a record. 51
8585 (13) "Stamping device" means: 52
8686 (A) A physical device capable of affixing to or embossing on a 53
8787 tangible record an official stamp; or 54
8888 (B) An electronic device or process capable of attaching to or logically 55
8989 associating with an electronic record an official stamp. 56
9090 (14) "State" means a state of the United States, the District of 57
9191 Columbia, Puerto Rico, the United States Virgin Islands or any territory 58
9292 or insular possession subject to the jurisdiction of the United States. 59
9393 (15) "Verification on oath or affirmation" means a declaration, made 60
9494 by an individual on oath or affirmation before a notarial officer, that a 61
9595 statement in a record is true. 62
9696 Sec. 3. (NEW) (Effective October 1, 2020) Sections 1 to 32, inclusive, of 63
9797 this act apply to a notarial act performed on or after October 1, 2020. 64
9898 Sec. 4. (NEW) (Effective October 1, 2020) (a) A notarial officer may 65
9999 perform a notarial act authorized by sections 1 to 32, inclusive, of this 66
100100 act or by any other provision of the general statutes. 67
101101 (b) A notarial officer may not perform a notarial act with respect to a 68 Raised Bill No. 5325
102102
103103
104104
105105 LCO No. 2195 4 of 26
106106
107107 record to which the officer or the officer's spouse is a party or in which 69
108108 either of them has a direct beneficial interest. A notarial act performed 70
109109 in violation of this subsection is voidable. 71
110110 (c) A notarial officer may certify that a tangible copy of an electronic 72
111111 record is an accurate copy of the electronic record. 73
112112 Sec. 5. (NEW) (Effective October 1, 2020) (a) A notarial officer who 74
113113 takes an acknowledgment of a record shall determine, from personal 75
114114 knowledge or satisfactory evidence of the identity of the individual, that 76
115115 the individual appearing before the officer and making the 77
116116 acknowledgment has the identity claimed and that the signature on the 78
117117 record is the signature of the individual. 79
118118 (b) A notarial officer who takes a verification of a statement on oath 80
119119 or affirmation shall determine, from personal knowledge or satisfactory 81
120120 evidence of the identity of the individual, that the individual appearing 82
121121 before the officer and making the verification has the identity claimed 83
122122 and that the signature on the statement verified is the signature of the 84
123123 individual. 85
124124 (c) A notarial officer who witnesses or attests to a signature shall 86
125125 determine, from personal knowledge or satisfactory evidence of the 87
126126 identity of the individual, that the individual appearing before the 88
127127 officer and signing the record has the identity claimed. 89
128128 (d) A notarial officer who certifies or attests a copy of a record or an 90
129129 item that was copied shall determine that the copy is a full, true and 91
130130 accurate transcription or reproduction of the record or item. 92
131131 (e) A notarial officer who makes or notes a protest of a negotiable 93
132132 instrument shall determine the matters set forth in subsection (b) of 94
133133 section 42a-3-505 of the general statutes. 95
134134 Sec. 6. (NEW) (Effective October 1, 2020) Except as provided in section 96
135135 15 of this act, if a notarial act relates to a statement made in or a signature 97
136136 executed on a record, the individual making the statement or executing 98 Raised Bill No. 5325
137137
138138
139139
140140 LCO No. 2195 5 of 26
141141
142142 the signature shall appear personally before the notarial officer. 99
143143 Sec. 7. (NEW) (Effective October 1, 2020) (a) A notarial officer has 100
144144 personal knowledge of the identity of an individual appearing before 101
145145 the officer if the individual is personally known to the officer through 102
146146 dealings sufficient to provide reasonable certainty that the individual 103
147147 has the identity claimed. 104
148148 (b) A notarial officer has satisfactory evidence of the identity of an 105
149149 individual appearing before the officer if the officer can identify the 106
150150 individual: 107
151151 (1) By means of: (A) A passport, driver's license or government-108
152152 issued nondriver identification card that is current or expired not more 109
153153 than three years before performance of the notarial act; or 110
154154 (B) Another form of government identification issued to an 111
155155 individual that is current or expired not more than three years before 112
156156 performance of the notarial act, contains the signature or a photograph 113
157157 of the individual and is satisfactory to the officer; or 114
158158 (2) By a verification on oath or affirmation of a credible witness 115
159159 personally appearing before the notarial officer and known to such 116
160160 officer or whom such officer can identify on the basis of a passport, 117
161161 driver's license or government-issued nondriver identification card that 118
162162 is current or expired not more than three years before performance of 119
163163 the notarial act. 120
164164 (c) A notarial officer may require an individual to provide additional 121
165165 information or identification credentials necessary to assure the officer 122
166166 of the identity of the individual. 123
167167 Sec. 8. (NEW) (Effective October 1, 2020) (a) A notarial officer may 124
168168 refuse to perform a notarial act if the officer is not satisfied that: 125
169169 (1) The individual executing the record is competent or has the 126
170170 capacity to execute the record; or 127 Raised Bill No. 5325
171171
172172
173173
174174 LCO No. 2195 6 of 26
175175
176176 (2) The individual's signature is knowingly and voluntarily made. 128
177177 (b) A notarial officer may refuse to perform a notarial act unless 129
178178 refusal is prohibited by any other provision of the general statutes. 130
179179 Sec. 9. (NEW) (Effective October 1, 2020) If an individual is physically 131
180180 unable to sign a record, the individual may direct an individual other 132
181181 than the notarial officer to sign the individual's name on the record. The 133
182182 notarial officer shall insert the phrase "Signature affixed by (name of 134
183183 other individual) at the direction of (name of individual)" or words of 135
184184 similar import. 136
185185 Sec. 10. (NEW) (Effective October 1, 2020) (a) A notarial act may be 137
186186 performed in this state by: 138
187187 (1) A notary public of this state; 139
188188 (2) A judge, clerk or deputy clerk of the Superior Court or a Probate 140
189189 Court of this state or a family support magistrate; 141
190190 (3) An individual licensed to practice law in this state; 142
191191 (4) A town clerk; 143
192192 (5) A justice of the peace; or 144
193193 (6) Any other individual authorized to perform the specific act by the 145
194194 law of this state. 146
195195 (b) The signature and title of an individual performing a notarial act 147
196196 in this state are prima facie evidence that the signature is genuine and 148
197197 that the individual holds the designated title. 149
198198 (c) The signature and title of a notarial officer described in 150
199199 subdivisions (1), (2) and (3) of subsection (a) of this section conclusively 151
200200 establish the authority of the officer to perform the notarial act. 152
201201 Sec. 11. (NEW) (Effective October 1, 2020) (a) A notarial act performed 153
202202 in another state has the same effect under the law of this state as if 154 Raised Bill No. 5325
203203
204204
205205
206206 LCO No. 2195 7 of 26
207207
208208 performed by a notarial officer of this state, if the act performed in that 155
209209 state is performed by: 156
210210 (1) A notary public of that state; 157
211211 (2) A judge, clerk or deputy clerk of a court of that state; or 158
212212 (3) Any other individual authorized by the law of that state to 159
213213 perform the notarial act. 160
214214 (b) The signature and title of an individual performing a notarial act 161
215215 in another state are prima facie evidence that the signature is genuine 162
216216 and that the individual holds the designated title. 163
217217 (c) The signature and title of a notarial officer described in 164
218218 subdivision (1) or (2) of subsection (a) of this section conclusively 165
219219 establish the authority of the officer to perform the notarial act. 166
220220 Sec. 12. (NEW) (Effective October 1, 2020) (a) A notarial act performed 167
221221 under the authority and in the jurisdiction of a federally recognized 168
222222 Indian tribe has the same effect as if performed by a notarial officer of 169
223223 this state if the act performed in the jurisdiction of the tribe is performed 170
224224 by: 171
225225 (1) A notary public of the tribe; 172
226226 (2) A judge, clerk or deputy clerk of a court of the tribe; or 173
227227 (3) Any other individual authorized by the law of the tribe to perform 174
228228 the notarial act. 175
229229 (b) The signature and title of an individual performing a notarial act 176
230230 under the authority of and in the jurisdiction of a federally recognized 177
231231 Indian tribe are prima facie evidence that the signature is genuine and 178
232232 that the individual holds the designated title. 179
233233 (c) The signature and title of a notarial officer described in 180
234234 subdivision (1) or (2) of subsection (a) of this section conclusively 181
235235 establish the authority of the officer to perform the notarial act. 182 Raised Bill No. 5325
236236
237237
238238
239239 LCO No. 2195 8 of 26
240240
241241 Sec. 13. (NEW) (Effective October 1, 2020) (a) A notarial act performed 183
242242 under federal law has the same effect under the law of this state as if 184
243243 performed by a notarial officer of this state if the act performed under 185
244244 federal law is performed by: 186
245245 (1) A judge, clerk or deputy clerk of a court; 187
246246 (2) An individual in military service or performing duties under the 188
247247 authority of military service who is authorized to perform notarial acts 189
248248 under federal law; 190
249249 (3) An individual designated a notarizing officer by the United States 191
250250 Department of State for performing notarial acts overseas; or 192
251251 (4) Any other individual authorized by federal law to perform the 193
252252 notarial act. 194
253253 (b) The signature and title of an individual acting under federal 195
254254 authority and performing a notarial act are prima facie evidence that the 196
255255 signature is genuine and that the individual holds the designated title. 197
256256 (c) The signature and title of an officer described in subdivision (1), 198
257257 (2) or (3) of subsection (a) of this section conclusively establish the 199
258258 authority of the officer to perform the notarial act. 200
259259 Sec. 14. (NEW) (Effective October 1, 2020) (a) In this section, "foreign 201
260260 state" means a government other than the United States, a state or a 202
261261 federally recognized Indian tribe. 203
262262 (b) If a notarial act is performed under authority and in the 204
263263 jurisdiction of a foreign state or constituent unit of the foreign state or is 205
264264 performed under the authority of a multinational or international 206
265265 governmental organization, the act has the same effect under the law of 207
266266 this state as if performed by a notarial officer of this state. 208
267267 (c) If the title of office and indication of authority to perform notarial 209
268268 acts in a foreign state appears in a digest of foreign law or in a list 210
269269 customarily used as a source for that information, the authority of an 211 Raised Bill No. 5325
270270
271271
272272
273273 LCO No. 2195 9 of 26
274274
275275 officer with that title to perform notarial acts is conclusively established. 212
276276 (d) The signature and official stamp of an individual holding an office 213
277277 described in subsection (c) of this section are prima facie evidence that 214
278278 the signature is genuine and the individual holds the designated title. 215
279279 (e) An apostille in the form prescribed by the Hague Convention of 216
280280 October 5, 1961, and issued by a foreign state party to the Convention 217
281281 conclusively establishes that the signature of the notarial officer is 218
282282 genuine and that the officer holds the indicated office. 219
283283 (f) A consular authentication issued by an individual designated by 220
284284 the United States Department of State as a notarizing officer for 221
285285 performing notarial acts overseas and attached to the record with 222
286286 respect to which the notarial act is performed conclusively establishes 223
287287 that the signature of the notarial officer is genuine and that the officer 224
288288 holds the indicated office. 225
289289 Sec. 15. (NEW) (Effective October 1, 2020) (a) As used in this section: 226
290290 (1) "Communication technology" means an electronic device or 227
291291 process that: 228
292292 (A) Allows a notary public and a remotely located individual to 229
293293 communicate with each other simultaneously by sight and sound; and 230
294294 (B) When necessary and consistent with other applicable law, 231
295295 facilitates communication with a remotely located individual who has a 232
296296 vision, hearing or speech impairment. 233
297297 (2) "Foreign state" means a jurisdiction other than the United States, 234
298298 a state or a federally recognized Indian tribe. 235
299299 (3) "Identity proofing" means a process or service by which a third 236
300300 person provides a notary public with a means to verify the identity of a 237
301301 remotely located individual by a review of personal information from 238
302302 public or private data sources. 239 Raised Bill No. 5325
303303
304304
305305
306306 LCO No. 2195 10 of 26
307307
308308 (4) "Outside the United States" means a location outside the 240
309309 geographic boundaries of the United States, Puerto Rico, the United 241
310310 States Virgin Islands and any territory, insular possession or other 242
311311 location subject to the jurisdiction of the United States. 243
312312 (5) "Remotely located individual" means an individual who is not in 244
313313 the physical presence of the notary public who performs a notarial act 245
314314 under subsection (c) of this section. 246
315315 (b) A remotely located individual may comply with section 6 of this 247
316316 act by using communication technology to appear before a notary 248
317317 public. 249
318318 (c) A notary public located in this state may perform a notarial act 250
319319 using communication technology for a remotely located individual if: 251
320320 (1) The notary public: 252
321321 (A) Has personal knowledge under subsection (a) of section 7 of this 253
322322 act of the identity of the individual; 254
323323 (B) Has satisfactory evidence of the identity of the remotely located 255
324324 individual by oath or affirmation from a credible witness appearing 256
325325 before the notary public under subsection (b) of section 7 of this act or 257
326326 this section; or 258
327327 (C) Has obtained satisfactory evidence of the identity of the remotely 259
328328 located individual by using at least two different types of identity 260
329329 proofing; 261
330330 (2) The notary public is reasonably able to confirm that a record 262
331331 before the notary public is the same record in which the remotely 263
332332 located individual made a statement or on which the individual 264
333333 executed a signature; 265
334334 (3) The notary public, or a person acting on behalf of the notary 266
335335 public, creates an audio-visual recording of the performance of the 267
336336 notarial act; and 268 Raised Bill No. 5325
337337
338338
339339
340340 LCO No. 2195 11 of 26
341341
342342 (4) For a remotely located individual located outside the United 269
343343 States: 270
344344 (A) The record: 271
345345 (i) Is to be filed with or relates to a matter before a public official or 272
346346 court, governmental entity or other entity subject to the jurisdiction of 273
347347 the United States; or 274
348348 (ii) Involves property located in the territorial jurisdiction of the 275
349349 United States or involves a transaction substantially connected with the 276
350350 United States; and 277
351351 (B) The act of making the statement or signing the record is not 278
352352 prohibited by the foreign state in which the remotely located individual 279
353353 is located. 280
354354 (d) If a notarial act is performed under this section, the certificate of 281
355355 notarial act required by section 16 of this act and the short-form 282
356356 certificate provided in section 17 of this act shall indicate that the 283
357357 notarial act was performed using communication technology. 284
358358 (e) A short-form certificate provided in section 17 of this act for a 285
359359 notarial act subject to this section is sufficient if it: 286
360360 (1) Complies with regulations adopted under subdivision (1) of 287
361361 subsection (h) of this section; or 288
362362 (2) Is in the form provided in section 17 of this act and contains a 289
363363 statement substantially as follows: "This notarial act involved the use of 290
364364 communication technology." 291
365365 (f) A notary public, a guardian, conservator or agent of a notary 292
366366 public or a personal representative of a deceased notary public shall 293
367367 retain the audio-visual recording created under subdivision (3) of 294
368368 subsection (c) of this section or cause the recording to be retained by a 295
369369 repository designated by or on behalf of the person required to retain 296
370370 the recording. Unless a different period is required by regulation 297 Raised Bill No. 5325
371371
372372
373373
374374 LCO No. 2195 12 of 26
375375
376376 adopted under subdivision (4) of subsection (h) of this section, the 298
377377 recording shall be retained for a period of at least ten years after the 299
378378 recording is made. 300
379379 (g) Before a notary public performs the notary public's initial notarial 301
380380 act under this section, the notary public shall notify the Secretary of the 302
381381 State that the notary public will be performing notarial acts with respect 303
382382 to remotely located individuals and identify the technologies the notary 304
383383 public intends to use. If the Secretary of the State has established 305
384384 standards under subsection (h) of this section and section 27 of this act 306
385385 for approval of communication technology or identity proofing, the 307
386386 communication technology and identity proofing shall conform to the 308
387387 standards. 309
388388 (h) In addition to adopting regulations under section 27 of this act, 310
389389 the Secretary of the State may adopt regulations, in accordance with 311
390390 chapter 54 of the general statutes, under this section regarding 312
391391 performance of a notarial act. The regulations may: 313
392392 (1) Prescribe the means of performing a notarial act involving a 314
393393 remotely located individual using communication technology; 315
394394 (2) Establish standards for communication technology and identity 316
395395 proofing; 317
396396 (3) Establish requirements or procedures to approve providers of 318
397397 communication technology and the process of identity proofing; and 319
398398 (4) Establish standards and a period for the retention of an audio-320
399399 visual recording created under subdivision (3) of subsection (c) of this 321
400400 section. 322
401401 (i) Before adopting, amending or repealing a regulation governing 323
402402 performance of a notarial act with respect to a remotely located 324
403403 individual, the Secretary of the State shall consider: 325
404404 (1) The most recent standards regarding the performance of a notarial 326
405405 act with respect to a remotely located individual promulgated by 327 Raised Bill No. 5325
406406
407407
408408
409409 LCO No. 2195 13 of 26
410410
411411 national standard-setting organizations and the recommendations of 328
412412 the National Association of Secretaries of State; 329
413413 (2) Standards, practices and customs of other jurisdictions that have 330
414414 laws substantially similar to this section; and 331
415415 (3) The views of governmental officials and entities and other 332
416416 interested persons. 333
417417 (j) By allowing its communication technology or identity proofing to 334
418418 facilitate a notarial act for a remotely located individual or by providing 335
419419 storage of the audio-visual recording created under subdivision (3) of 336
420420 subsection (c) of this section, the provider of the communication 337
421421 technology, identity proofing or storage appoints the Secretary of the 338
422422 State as the provider's agent for service of process in any civil action in 339
423423 this state related to the notarial act. 340
424424 Sec. 16. (NEW) (Effective October 1, 2020) (a) A notarial act shall be 341
425425 evidenced by a certificate that shall: 342
426426 (1) Be executed contemporaneously with the performance of the 343
427427 notarial act; 344
428428 (2) Be signed and dated by the notarial officer and, if the notarial 345
429429 officer is a notary public, be signed in the same manner as on file with 346
430430 the Secretary of the State; 347
431431 (3) Identify the jurisdiction in which the notarial act is performed; 348
432432 (4) Contain the title of office of the notarial officer; and 349
433433 (5) If the notarial officer is a notary public, indicate the date of 350
434434 expiration, if any, of the officer's appointment. 351
435435 (b) If a notarial act regarding a tangible record is performed by a 352
436436 notary public, an official stamp shall be affixed to or embossed on the 353
437437 certificate. If a notarial act is performed regarding a tangible record by 354
438438 a notarial officer other than a notary public and the certificate contains 355 Raised Bill No. 5325
439439
440440
441441
442442 LCO No. 2195 14 of 26
443443
444444 the information specified in subdivisions (2) to (4), inclusive, of 356
445445 subsection (a) of this section, an official stamp may be affixed to or 357
446446 embossed on the certificate. If a notarial act regarding an electronic 358
447447 record is performed by a notarial officer and the certificate contains the 359
448448 information specified in subdivisions (2) to (4), inclusive, of subsection 360
449449 (a) of this section, an official stamp may be attached to or logically 361
450450 associated with the certificate. 362
451451 (c) A certificate of a notarial act is sufficient if it meets the 363
452452 requirements of subsections (a) and (b) of this section and: 364
453453 (1) Is in a short form set forth in section 17 of this act; 365
454454 (2) Is in a form otherwise permitted by the law of this state; 366
455455 (3) Is in a form permitted by the law applicable in the jurisdiction in 367
456456 which the notarial act was performed; or 368
457457 (4) Sets forth the actions of the notarial officer and the actions are 369
458458 sufficient to meet the requirements of the notarial act as provided in 370
459459 sections 5 to 7, inclusive, of this act or any other provision of the general 371
460460 statutes. 372
461461 (d) By executing a certificate of a notarial act, a notarial officer 373
462462 certifies that the officer has complied with the requirements and made 374
463463 the determinations specified in sections 4 to 6, inclusive, of this act. 375
464464 (e) A notarial officer may not affix the officer's signature to, or 376
465465 logically associate it with, a certificate until the notarial act has been 377
466466 performed. 378
467467 (f) If a notarial act is performed regarding a tangible record, a 379
468468 certificate shall be part of, or securely attached to, the record. If a notarial 380
469469 act is performed regarding an electronic record, the certificate shall be 381
470470 affixed to, or logically associated with, the electronic record. If the 382
471471 Secretary of the State has established standards pursuant to section 27 383
472472 of this act for attaching, affixing or logically associating the certificate, 384
473473 the process shall conform to such standards. 385 Raised Bill No. 5325
474474
475475
476476
477477 LCO No. 2195 15 of 26
478478
479479 Sec. 17. (NEW) (Effective October 1, 2020) The following short-form 386
480480 certificates of notarial acts are sufficient for the purposes indicated, if 387
481481 completed with the information required by subsections (a) and (b) of 388
482482 section 16 of this act: 389
483483 (1) For an acknowledgment in an individual capacity: 390
484484 State of .... 391
485485 County of .... 392
486486 This record was acknowledged before me on ____ by ________________ 393
487487 Date Name(s) of individual(s) 394
488488 __________________________________ 395
489489 Signature of notarial officer 396
490490 Stamp 397
491491 __________________________________ 398
492492 Title of office 399
493493 My appointment expires: _________ 400
494494 (2) For an acknowledgment in a representative capacity: 401
495495 State of .... 402
496496 County of .... 403
497497 This record was acknowledged before me on ____ by ________________ 404
498498 Date Name(s) of individual(s) 405
499499 as (type of authority, such as officer or trustee) of (name of party on 406
500500 behalf of whom record was executed). 407
501501 __________________________________ 408 Raised Bill No. 5325
502502
503503
504504
505505 LCO No. 2195 16 of 26
506506
507507 Signature of notarial officer 409
508508 Stamp 410
509509 __________________________________ 411
510510 Title of office 412
511511 My appointment expires: _________ 413
512512 (3) For a verification on oath or affirmation: 414
513513 State of .... 415
514514 County of .... 416
515515 Signed and sworn to (or affirmed) before me on ____ by 417
516516 _______________ 418
517517 Date Name(s) of individual(s) making statement 419
518518 __________________________________ 420
519519 Signature of notarial officer 421
520520 Stamp 422
521521 __________________________________ 423
522522 Title of office 424
523523 My appointment expires: _________ 425
524524 (4) For witnessing or attesting a signature: 426
525525 State of .... 427
526526 County of .... 428
527527 Signed (or attested) before me on ________ by _____________________ 429
528528 Date Name(s) of individual(s) 430 Raised Bill No. 5325
529529
530530
531531
532532 LCO No. 2195 17 of 26
533533
534534 __________________________________ 431
535535 Signature of notarial officer 432
536536 Stamp 433
537537 __________________________________ 434
538538 Title of office 435
539539 My appointment expires: _________ 436
540540 (5) For certifying a copy of a record: 437
541541 State of .... 438
542542 County of .... 439
543543 I certify that this is a true and correct copy of a record in the possession 440
544544 of ________________________________________. 441
545545 Dated ___________________________ 442
546546 _________________________________ 443
547547 Signature of notarial officer 444
548548 Stamp 445
549549 __________________________________ 446
550550 Title of office 447
551551 My appointment expires: ___________ 448
552552 Sec. 18. (NEW) (Effective October 1, 2020) The official stamp of a notary 449
553553 public shall: 450
554554 (1) Include the notary public's name, jurisdiction, appointment 451
555555 expiration date and other information required by the Secretary of the 452
556556 State; and 453 Raised Bill No. 5325
557557
558558
559559
560560 LCO No. 2195 18 of 26
561561
562562 (2) Be capable of being copied together with the record to which it is 454
563563 affixed or attached or with which it is logically associated. 455
564564 Sec. 19. (NEW) (Effective October 1, 2020) (a) A notary public is 456
565565 responsible for the security of the notary public's stamping device and 457
566566 may not allow another individual to use the device to perform a notarial 458
567567 act. On resignation from, or the revocation or expiration of, the notary 459
568568 public's appointment, or on the expiration of the date set forth in the 460
569569 stamping device, if any, the notary public shall disable the stamping 461
570570 device by destroying, defacing, damaging, erasing or securing it against 462
571571 use in a manner that renders it unusable. On the death or adjudication 463
572572 of incompetency of a notary public, the notary public's personal 464
573573 representative or guardian or any other person knowingly in possession 465
574574 of the stamping device shall render it unusable by destroying, defacing, 466
575575 damaging, erasing or securing it against use in a manner that renders it 467
576576 unusable. 468
577577 (b) If a notary public's stamping device is lost or stolen, the notary 469
578578 public or the notary public's personal representative or guardian shall 470
579579 notify promptly the Secretary of the State on discovering that the device 471
580580 is lost or stolen. 472
581581 Sec. 20. (NEW) (Effective October 1, 2020) (a) A notary public may 473
582582 select one or more tamper-evident technologies to perform notarial acts 474
583583 with respect to electronic records. A person may not require a notary 475
584584 public to perform a notarial act with respect to an electronic record with 476
585585 a technology that the notary public has not selected. 477
586586 (b) Before a notary public performs the notary public's initial notarial 478
587587 act with respect to an electronic record, a notary public shall notify the 479
588588 Secretary of the State that the notary public will be performing notarial 480
589589 acts with respect to electronic records and identify the technology the 481
590590 notary public intends to use. If the Secretary of the State has established 482
591591 standards for approval of technology pursuant to section 27 of this act, 483
592592 the technology shall conform to the standards. If the technology 484
593593 conforms to the standards, the Secretary of the State shall approve the 485 Raised Bill No. 5325
594594
595595
596596
597597 LCO No. 2195 19 of 26
598598
599599 use of the technology. 486
600600 (c) A recorder may accept for recording a tangible copy of an 487
601601 electronic record containing a notarial certificate as satisfying any 488
602602 requirement that a record accepted for recording be an original, if the 489
603603 notarial officer executing the notarial certificate certifies that the 490
604604 tangible copy is an accurate copy of the electronic record. 491
605605 Sec. 21. (NEW) (Effective October 1, 2020) (a) An individual qualified 492
606606 under subsection (b) of this section may apply to the Secretary of the 493
607607 State for an appointment as a notary public. The applicant shall comply 494
608608 with and provide the information required by regulations adopted by 495
609609 the Secretary of the State and pay any application fee. 496
610610 (b) An applicant for an appointment as a notary public shall: 497
611611 (1) Be at least eighteen years of age; 498
612612 (2) Be a citizen or permanent legal resident of the United States; 499
613613 (3) Be a resident of or have a place of employment or practice in this 500
614614 state; 501
615615 (4) Be able to read and write English; 502
616616 (5) Not be disqualified to receive an appointment under section 23 of 503
617617 this act; and 504
618618 (6) Have passed the examination required under subsection (a) of 505
619619 section 22 of this act. 506
620620 (c) Before issuance of an appointment as a notary public, an applicant 507
621621 for the appointment shall execute an oath of office and submit it to the 508
622622 Secretary of the State. 509
623623 (d) On compliance with this section, the Secretary of the State shall 510
624624 issue an appointment as a notary public to an applicant for a term of five 511
625625 years. 512 Raised Bill No. 5325
626626
627627
628628
629629 LCO No. 2195 20 of 26
630630
631631 (e) An appointment to act as a notary public authorizes the notary 513
632632 public to perform notarial acts. The appointment does not provide the 514
633633 notary public any immunity or benefit conferred by the law of this state 515
634634 on public officials or employees. 516
635635 Sec. 22. (NEW) (Effective October 1, 2020) (a) An applicant for an 517
636636 appointment as a notary public who does not hold an appointment in 518
637637 this state shall pass an examination administered by the Secretary of the 519
638638 State or an entity approved by the Secretary of the State. The 520
639639 examination shall be based on the course of study described in 521
640640 subsection (b) of this section. 522
641641 (b) The Secretary of the State or an entity approved by the Secretary 523
642642 of the State shall offer regularly a course of study to applicants who do 524
643643 not hold appointments as notaries public in this state. The course shall 525
644644 cover the laws, regulations, procedures and ethics relevant to notarial 526
645645 acts. 527
646646 Sec. 23. (NEW) (Effective October 1, 2020) (a) The Secretary of the State 528
647647 may deny, refuse to renew, revoke, suspend or impose a condition on 529
648648 an appointment as notary public for any act or omission that 530
649649 demonstrates the individual lacks the honesty, integrity, competence or 531
650650 reliability to act as a notary public, including: 532
651651 (1) Failure to comply with any provision of sections 1 to 32, inclusive, 533
652652 of this act; 534
653653 (2) A fraudulent, dishonest or deceitful misstatement or omission in 535
654654 the application for an appointment as a notary public submitted to the 536
655655 Secretary of the State; 537
656656 (3) A conviction of the applicant or notary public of any felony or a 538
657657 crime involving fraud, dishonesty or deceit; 539
658658 (4) A finding against, or admission of liability by, the applicant or 540
659659 notary public in any legal proceeding or disciplinary action based on the 541
660660 applicant's or notary public's fraud, dishonesty or deceit; 542 Raised Bill No. 5325
661661
662662
663663
664664 LCO No. 2195 21 of 26
665665
666666 (5) Failure by the notary public to discharge any duty required of a 543
667667 notary public, whether by any provision of sections 1 to 32, inclusive, of 544
668668 this act, regulations of the Secretary of the State or any federal or state 545
669669 law; 546
670670 (6) Use of false or misleading advertising or representation by the 547
671671 notary public representing that the notary has a duty, right or privilege 548
672672 that the notary does not have; 549
673673 (7) Violation by the notary public of a regulation of the Secretary of 550
674674 the State regarding a notary public; or 551
675675 (8) Denial, refusal to renew, revocation, suspension or conditioning 552
676676 of a notary public appointment in another state. 553
677677 (b) If the Secretary of the State denies, refuses to renew, revokes, 554
678678 suspends or imposes conditions on an appointment as a notary public, 555
679679 the applicant or notary public is entitled to timely notice and hearing in 556
680680 accordance with chapter 54 of the general statutes. 557
681681 (c) The authority of the Secretary of the State to deny, refuse to renew, 558
682682 suspend, revoke or impose conditions on an appointment as a notary 559
683683 public does not prevent a person from seeking and obtaining other 560
684684 criminal or civil remedies provided by law. 561
685685 Sec. 24. (NEW) (Effective October 1, 2020) The Secretary of the State 562
686686 shall maintain an electronic database of notaries public: 563
687687 (1) Through which a person may verify the authority of a notary 564
688688 public to perform notarial acts; and 565
689689 (2) Which indicates whether a notary public has notified the Secretary 566
690690 of the State that the notary public will be performing notarial acts on 567
691691 electronic records. 568
692692 Sec. 25. (NEW) (Effective October 1, 2020) (a) An appointment as a 569
693693 notary public does not authorize an individual to: 570 Raised Bill No. 5325
694694
695695
696696
697697 LCO No. 2195 22 of 26
698698
699699 (1) Assist persons in drafting legal records, give legal advice or 571
700700 otherwise practice law; 572
701701 (2) Act as an immigration consultant or an expert on immigration 573
702702 matters; 574
703703 (3) Represent a person in a judicial or administrative proceeding 575
704704 relating to immigration to the United States, United States citizenship or 576
705705 related matters; or 577
706706 (4) Receive compensation for performing any of the activities listed 578
707707 in subdivisions (1) to (3), inclusive, of this subsection. 579
708708 (b) A notary public may not engage in false or deceptive advertising. 580
709709 (c) A notary public, other than an attorney licensed to practice law in 581
710710 this state, may not use the term "notario" or "notario publico". 582
711711 (d) A notary public, other than an attorney licensed to practice law in 583
712712 this state, may not advertise or represent that the notary public may 584
713713 assist persons in drafting legal records, give legal advice or otherwise 585
714714 practice law. If a notary public who is not an attorney licensed to 586
715715 practice law in this state in any manner advertises or represents that the 587
716716 notary public offers notarial services, whether orally or in a record, 588
717717 including broadcast media, print media and the Internet, the notary 589
718718 public shall include the following statement, or an alternate statement 590
719719 authorized or required by the Secretary of the State, in the 591
720720 advertisement or representation, prominently and in each language 592
721721 used in the advertisement or representation: "I am not an attorney 593
722722 licensed to practice law in this state. I am not allowed to draft legal 594
723723 records, give advice on legal matters, including immigration, or charge 595
724724 a fee for those activities". If the form of advertisement or representation 596
725725 is not broadcast media, print media or the Internet and does not permit 597
726726 inclusion of the statement required by this subsection because of size, it 598
727727 shall be displayed prominently or provided at the place of performance 599
728728 of the notarial act before the notarial act is performed. 600 Raised Bill No. 5325
729729
730730
731731
732732 LCO No. 2195 23 of 26
733733
734734 (e) Except as otherwise allowed by law, a notary public may not 601
735735 withhold access to or possession of an original record provided by a 602
736736 person that seeks performance of a notarial act by the notary public. 603
737737 Sec. 26. (NEW) (Effective October 1, 2020) Except as otherwise 604
738738 provided in subsection (b) of section 4 of this act, the failure of a notarial 605
739739 officer to perform a duty or meet a requirement specified in sections 1 606
740740 to 32, inclusive, of this act does not invalidate a notarial act performed 607
741741 by the notarial officer. The validity of a notarial act under sections 1 to 608
742742 32, inclusive, of this act does not prevent an aggrieved person from 609
743743 seeking to invalidate the record or transaction that is the subject of the 610
744744 notarial act or from seeking other remedies based on any other provision 611
745745 of the general statutes or the law of the United States. This section does 612
746746 not validate a purported notarial act performed by an individual who 613
747747 does not have the authority to perform notarial acts. 614
748748 Sec. 27. (NEW) (Effective October 1, 2020) (a) The Secretary of the State 615
749749 may adopt regulations, in accordance with chapter 54 of the general 616
750750 statutes, to implement the provisions of sections 1 to 32, inclusive, of this 617
751751 act. Regulations adopted regarding the performance of notarial acts 618
752752 with respect to electronic records may not require, or accord greater 619
753753 legal status or effect to, the implementation or application of a specific 620
754754 technology or technical specification. The regulations may: 621
755755 (1) Prescribe the manner of performing notarial acts regarding 622
756756 tangible and electronic records; 623
757757 (2) Include provisions to ensure that any change to or tampering with 624
758758 a record bearing a certificate of a notarial act is self-evident; 625
759759 (3) Include provisions to ensure integrity in the creation, transmittal, 626
760760 storage or authentication of electronic records or signatures; 627
761761 (4) Prescribe the process of granting, renewing, conditioning, 628
762762 denying, suspending or revoking a notary public appointment and 629
763763 assuring the trustworthiness of an individual holding an appointment 630
764764 as notary public; 631 Raised Bill No. 5325
765765
766766
767767
768768 LCO No. 2195 24 of 26
769769
770770 (5) Include provisions to prevent fraud or mistake in the performance 632
771771 of notarial acts; and 633
772772 (6) Provide for the administration of the examination under 634
773773 subsection (a) of section 22 of this act and the course of study under 635
774774 subsection (b) of section 22 of this act. 636
775775 (b) In adopting, amending or repealing regulations about notarial 637
776776 acts with respect to electronic records, the Secretary of the State shall 638
777777 consider, so far as is consistent with sections 1 to 32, inclusive, of this 639
778778 act: 640
779779 (1) The most recent standards regarding electronic records 641
780780 promulgated by national bodies, such as the National Association of 642
781781 Secretaries of State; 643
782782 (2) Standards, practices and customs of other jurisdictions that 644
783783 substantially enact the provisions of sections 1 to 32, inclusive, of this 645
784784 act; and 646
785785 (3) The views of governmental officials and entities and other 647
786786 interested persons. 648
787787 Sec. 28. (NEW) (Effective October 1, 2020) An appointment as a notary 649
788788 public in effect on October 1, 2020, continues until its date of expiration. 650
789789 A notary public who applies to renew an appointment as a notary public 651
790790 on or after October 1, 2020, is subject to and shall comply with the 652
791791 provisions of sections 1 to 32, inclusive, of this act. A notary public, in 653
792792 performing notarial acts after October 1, 2020, shall comply with the 654
793793 provisions of sections 1 to 32, inclusive, of this act. 655
794794 Sec. 29. (NEW) (Effective October 1, 2020) The provisions of sections 1 656
795795 to 32, inclusive, of this act do not affect the validity or effect of a notarial 657
796796 act performed before October 1, 2020. 658
797797 Sec. 30. (NEW) (Effective October 1, 2020) In applying and construing 659
798798 the provisions of sections 1 to 32, inclusive, of this act, consideration 660
799799 shall be given to the need to promote uniformity of the law with respect 661 Raised Bill No. 5325
800800
801801
802802
803803 LCO No. 2195 25 of 26
804804
805805 to its subject matter among states that enact it. 662
806806 Sec. 31. (NEW) (Effective October 1, 2020) Sections 1 to 32, inclusive, of 663
807807 this act modify, limit and supersede the Electronic Signatures in Global 664
808808 and National Commerce Act, 15 USC 7001 et seq., but do not modify, 665
809809 limit or supersede Section 101(c) of that act, 15 USC 7001(c), or authorize 666
810810 electronic delivery of any of the notices described in Section 103(b) of 667
811811 that act, 15 USC 7003(b). 668
812812 Sec. 32. Sections 1-28 to 1-41, inclusive, 1-57 to 1-65, inclusive, 3-94a 669
813813 to 3-94q, inclusive, and 3-95 of the general statutes are repealed. 670
814814 (Effective October 1, 2020) 671
815815 This act shall take effect as follows and shall amend the following
816816 sections:
817817
818818 Section 1 October 1, 2020 New section
819819 Sec. 2 October 1, 2020 New section
820820 Sec. 3 October 1, 2020 New section
821821 Sec. 4 October 1, 2020 New section
822822 Sec. 5 October 1, 2020 New section
823823 Sec. 6 October 1, 2020 New section
824824 Sec. 7 October 1, 2020 New section
825825 Sec. 8 October 1, 2020 New section
826826 Sec. 9 October 1, 2020 New section
827827 Sec. 10 October 1, 2020 New section
828828 Sec. 11 October 1, 2020 New section
829829 Sec. 12 October 1, 2020 New section
830830 Sec. 13 October 1, 2020 New section
831831 Sec. 14 October 1, 2020 New section
832832 Sec. 15 October 1, 2020 New section
833833 Sec. 16 October 1, 2020 New section
834834 Sec. 17 October 1, 2020 New section
835835 Sec. 18 October 1, 2020 New section
836836 Sec. 19 October 1, 2020 New section
837837 Sec. 20 October 1, 2020 New section
838838 Sec. 21 October 1, 2020 New section
839839 Sec. 22 October 1, 2020 New section
840840 Sec. 23 October 1, 2020 New section
841841 Sec. 24 October 1, 2020 New section Raised Bill No. 5325
842842
843843
844844
845845 LCO No. 2195 26 of 26
846846
847847 Sec. 25 October 1, 2020 New section
848848 Sec. 26 October 1, 2020 New section
849849 Sec. 27 October 1, 2020 New section
850850 Sec. 28 October 1, 2020 New section
851851 Sec. 29 October 1, 2020 New section
852852 Sec. 30 October 1, 2020 New section
853853 Sec. 31 October 1, 2020 New section
854854 Sec. 32 October 1, 2020 Repealer section
855855
856856 Statement of Purpose:
857857 To adopt the Revised Uniform Law on Notarial Acts.
858858 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
859859 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
860860 underlined.]
861861