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General Assembly Raised Bill No. 5325
February Session, 2020
LCO No. 2195
Referred to Committee on COMMERCE
Introduced by:
(CE)
AN ACT ADOPTING THE REVISED UNIFORM LAW ON NOTARIAL
ACTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2020) Sections 1 to 32, inclusive, 1
of this act may be cited as the "Revised Uniform Law on Notarial Acts 2
(2018)". 3
Sec. 2. (NEW) (Effective October 1, 2020) As used in sections 1 to 32, 4
inclusive, of this act: 5
(1) "Acknowledgment" means a declaration by an individual before a 6
notarial officer that the individual has signed a record for the purpose 7
stated in the record and, if the record is signed in a representative 8
capacity, that the individual signed the record with proper authority 9
and signed it as the act of the individual or entity identified in the 10
record. 11
(2) "Electronic" means relating to technology having electrical, digital, 12
magnetic, wireless, optical, electromagnetic or similar capabilities. 13 Raised Bill No. 5325
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(3) "Electronic signature" means an electronic symbol, sound or 14
process attached to or logically associated with a record and executed 15
or adopted by an individual with the intent to sign the record. 16
(4) "In a representative capacity" means acting as: 17
(A) An authorized officer, agent, partner, trustee or other 18
representative for a person other than an individual; 19
(B) A public officer, personal representative, guardian or other 20
representative, in the capacity stated in a record; 21
(C) An agent or attorney-in-fact for a principal; or 22
(D) An authorized representative of another in any other capacity. 23
(5) "Notarial act" means an act, whether performed with respect to a 24
tangible or electronic record, that a notarial officer may perform under 25
the law of this state. "Notarial Act" includes taking an acknowledgment, 26
administering an oath or affirmation, taking a verification on oath or 27
affirmation, witnessing or attesting a signature, certifying or attesting a 28
copy and noting a protest of a negotiable instrument. 29
(6) "Notarial officer" means a notary public or other individual 30
authorized to perform a notarial act. 31
(7) "Notary public" means an individual appointed to perform a 32
notarial act by the Secretary of the State. 33
(8) "Official stamp" means a physical image affixed to or embossed 34
on a tangible record or an electronic image attached to or logically 35
associated with an electronic record. 36
(9) "Person" means an individual, corporation, business trust, 37
statutory trust, estate, trust, partnership, limited liability company, 38
association, joint venture, public corporation, government or 39
governmental subdivision, agency or instrumentality or any other legal 40
or commercial entity. 41 Raised Bill No. 5325
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(10) "Record" means information that is inscribed on a tangible 42
medium or that is stored in an electronic or other medium and is 43
retrievable in perceivable form. 44
(11) "Sign" means, with present intent to authenticate or adopt a 45
record: 46
(A) To execute or adopt a tangible symbol; or 47
(B) To attach to or logically associate with the record an electronic 48
symbol, sound or process. 49
(12) "Signature" means a tangible symbol or an electronic signature 50
that evidences the signing of a record. 51
(13) "Stamping device" means: 52
(A) A physical device capable of affixing to or embossing on a 53
tangible record an official stamp; or 54
(B) An electronic device or process capable of attaching to or logically 55
associating with an electronic record an official stamp. 56
(14) "State" means a state of the United States, the District of 57
Columbia, Puerto Rico, the United States Virgin Islands or any territory 58
or insular possession subject to the jurisdiction of the United States. 59
(15) "Verification on oath or affirmation" means a declaration, made 60
by an individual on oath or affirmation before a notarial officer, that a 61
statement in a record is true. 62
Sec. 3. (NEW) (Effective October 1, 2020) Sections 1 to 32, inclusive, of 63
this act apply to a notarial act performed on or after October 1, 2020. 64
Sec. 4. (NEW) (Effective October 1, 2020) (a) A notarial officer may 65
perform a notarial act authorized by sections 1 to 32, inclusive, of this 66
act or by any other provision of the general statutes. 67
(b) A notarial officer may not perform a notarial act with respect to a 68 Raised Bill No. 5325
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record to which the officer or the officer's spouse is a party or in which 69
either of them has a direct beneficial interest. A notarial act performed 70
in violation of this subsection is voidable. 71
(c) A notarial officer may certify that a tangible copy of an electronic 72
record is an accurate copy of the electronic record. 73
Sec. 5. (NEW) (Effective October 1, 2020) (a) A notarial officer who 74
takes an acknowledgment of a record shall determine, from personal 75
knowledge or satisfactory evidence of the identity of the individual, that 76
the individual appearing before the officer and making the 77
acknowledgment has the identity claimed and that the signature on the 78
record is the signature of the individual. 79
(b) A notarial officer who takes a verification of a statement on oath 80
or affirmation shall determine, from personal knowledge or satisfactory 81
evidence of the identity of the individual, that the individual appearing 82
before the officer and making the verification has the identity claimed 83
and that the signature on the statement verified is the signature of the 84
individual. 85
(c) A notarial officer who witnesses or attests to a signature shall 86
determine, from personal knowledge or satisfactory evidence of the 87
identity of the individual, that the individual appearing before the 88
officer and signing the record has the identity claimed. 89
(d) A notarial officer who certifies or attests a copy of a record or an 90
item that was copied shall determine that the copy is a full, true and 91
accurate transcription or reproduction of the record or item. 92
(e) A notarial officer who makes or notes a protest of a negotiable 93
instrument shall determine the matters set forth in subsection (b) of 94
section 42a-3-505 of the general statutes. 95
Sec. 6. (NEW) (Effective October 1, 2020) Except as provided in section 96
15 of this act, if a notarial act relates to a statement made in or a signature 97
executed on a record, the individual making the statement or executing 98 Raised Bill No. 5325
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the signature shall appear personally before the notarial officer. 99
Sec. 7. (NEW) (Effective October 1, 2020) (a) A notarial officer has 100
personal knowledge of the identity of an individual appearing before 101
the officer if the individual is personally known to the officer through 102
dealings sufficient to provide reasonable certainty that the individual 103
has the identity claimed. 104
(b) A notarial officer has satisfactory evidence of the identity of an 105
individual appearing before the officer if the officer can identify the 106
individual: 107
(1) By means of: (A) A passport, driver's license or government-108
issued nondriver identification card that is current or expired not more 109
than three years before performance of the notarial act; or 110
(B) Another form of government identification issued to an 111
individual that is current or expired not more than three years before 112
performance of the notarial act, contains the signature or a photograph 113
of the individual and is satisfactory to the officer; or 114
(2) By a verification on oath or affirmation of a credible witness 115
personally appearing before the notarial officer and known to such 116
officer or whom such officer can identify on the basis of a passport, 117
driver's license or government-issued nondriver identification card that 118
is current or expired not more than three years before performance of 119
the notarial act. 120
(c) A notarial officer may require an individual to provide additional 121
information or identification credentials necessary to assure the officer 122
of the identity of the individual. 123
Sec. 8. (NEW) (Effective October 1, 2020) (a) A notarial officer may 124
refuse to perform a notarial act if the officer is not satisfied that: 125
(1) The individual executing the record is competent or has the 126
capacity to execute the record; or 127 Raised Bill No. 5325
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(2) The individual's signature is knowingly and voluntarily made. 128
(b) A notarial officer may refuse to perform a notarial act unless 129
refusal is prohibited by any other provision of the general statutes. 130
Sec. 9. (NEW) (Effective October 1, 2020) If an individual is physically 131
unable to sign a record, the individual may direct an individual other 132
than the notarial officer to sign the individual's name on the record. The 133
notarial officer shall insert the phrase "Signature affixed by (name of 134
other individual) at the direction of (name of individual)" or words of 135
similar import. 136
Sec. 10. (NEW) (Effective October 1, 2020) (a) A notarial act may be 137
performed in this state by: 138
(1) A notary public of this state; 139
(2) A judge, clerk or deputy clerk of the Superior Court or a Probate 140
Court of this state or a family support magistrate; 141
(3) An individual licensed to practice law in this state; 142
(4) A town clerk; 143
(5) A justice of the peace; or 144
(6) Any other individual authorized to perform the specific act by the 145
law of this state. 146
(b) The signature and title of an individual performing a notarial act 147
in this state are prima facie evidence that the signature is genuine and 148
that the individual holds the designated title. 149
(c) The signature and title of a notarial officer described in 150
subdivisions (1), (2) and (3) of subsection (a) of this section conclusively 151
establish the authority of the officer to perform the notarial act. 152
Sec. 11. (NEW) (Effective October 1, 2020) (a) A notarial act performed 153
in another state has the same effect under the law of this state as if 154 Raised Bill No. 5325
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performed by a notarial officer of this state, if the act performed in that 155
state is performed by: 156
(1) A notary public of that state; 157
(2) A judge, clerk or deputy clerk of a court of that state; or 158
(3) Any other individual authorized by the law of that state to 159
perform the notarial act. 160
(b) The signature and title of an individual performing a notarial act 161
in another state are prima facie evidence that the signature is genuine 162
and that the individual holds the designated title. 163
(c) The signature and title of a notarial officer described in 164
subdivision (1) or (2) of subsection (a) of this section conclusively 165
establish the authority of the officer to perform the notarial act. 166
Sec. 12. (NEW) (Effective October 1, 2020) (a) A notarial act performed 167
under the authority and in the jurisdiction of a federally recognized 168
Indian tribe has the same effect as if performed by a notarial officer of 169
this state if the act performed in the jurisdiction of the tribe is performed 170
by: 171
(1) A notary public of the tribe; 172
(2) A judge, clerk or deputy clerk of a court of the tribe; or 173
(3) Any other individual authorized by the law of the tribe to perform 174
the notarial act. 175
(b) The signature and title of an individual performing a notarial act 176
under the authority of and in the jurisdiction of a federally recognized 177
Indian tribe are prima facie evidence that the signature is genuine and 178
that the individual holds the designated title. 179
(c) The signature and title of a notarial officer described in 180
subdivision (1) or (2) of subsection (a) of this section conclusively 181
establish the authority of the officer to perform the notarial act. 182 Raised Bill No. 5325
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Sec. 13. (NEW) (Effective October 1, 2020) (a) A notarial act performed 183
under federal law has the same effect under the law of this state as if 184
performed by a notarial officer of this state if the act performed under 185
federal law is performed by: 186
(1) A judge, clerk or deputy clerk of a court; 187
(2) An individual in military service or performing duties under the 188
authority of military service who is authorized to perform notarial acts 189
under federal law; 190
(3) An individual designated a notarizing officer by the United States 191
Department of State for performing notarial acts overseas; or 192
(4) Any other individual authorized by federal law to perform the 193
notarial act. 194
(b) The signature and title of an individual acting under federal 195
authority and performing a notarial act are prima facie evidence that the 196
signature is genuine and that the individual holds the designated title. 197
(c) The signature and title of an officer described in subdivision (1), 198
(2) or (3) of subsection (a) of this section conclusively establish the 199
authority of the officer to perform the notarial act. 200
Sec. 14. (NEW) (Effective October 1, 2020) (a) In this section, "foreign 201
state" means a government other than the United States, a state or a 202
federally recognized Indian tribe. 203
(b) If a notarial act is performed under authority and in the 204
jurisdiction of a foreign state or constituent unit of the foreign state or is 205
performed under the authority of a multinational or international 206
governmental organization, the act has the same effect under the law of 207
this state as if performed by a notarial officer of this state. 208
(c) If the title of office and indication of authority to perform notarial 209
acts in a foreign state appears in a digest of foreign law or in a list 210
customarily used as a source for that information, the authority of an 211 Raised Bill No. 5325
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officer with that title to perform notarial acts is conclusively established. 212
(d) The signature and official stamp of an individual holding an office 213
described in subsection (c) of this section are prima facie evidence that 214
the signature is genuine and the individual holds the designated title. 215
(e) An apostille in the form prescribed by the Hague Convention of 216
October 5, 1961, and issued by a foreign state party to the Convention 217
conclusively establishes that the signature of the notarial officer is 218
genuine and that the officer holds the indicated office. 219
(f) A consular authentication issued by an individual designated by 220
the United States Department of State as a notarizing officer for 221
performing notarial acts overseas and attached to the record with 222
respect to which the notarial act is performed conclusively establishes 223
that the signature of the notarial officer is genuine and that the officer 224
holds the indicated office. 225
Sec. 15. (NEW) (Effective October 1, 2020) (a) As used in this section: 226
(1) "Communication technology" means an electronic device or 227
process that: 228
(A) Allows a notary public and a remotely located individual to 229
communicate with each other simultaneously by sight and sound; and 230
(B) When necessary and consistent with other applicable law, 231
facilitates communication with a remotely located individual who has a 232
vision, hearing or speech impairment. 233
(2) "Foreign state" means a jurisdiction other than the United States, 234
a state or a federally recognized Indian tribe. 235
(3) "Identity proofing" means a process or service by which a third 236
person provides a notary public with a means to verify the identity of a 237
remotely located individual by a review of personal information from 238
public or private data sources. 239 Raised Bill No. 5325
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(4) "Outside the United States" means a location outside the 240
geographic boundaries of the United States, Puerto Rico, the United 241
States Virgin Islands and any territory, insular possession or other 242
location subject to the jurisdiction of the United States. 243
(5) "Remotely located individual" means an individual who is not in 244
the physical presence of the notary public who performs a notarial act 245
under subsection (c) of this section. 246
(b) A remotely located individual may comply with section 6 of this 247
act by using communication technology to appear before a notary 248
public. 249
(c) A notary public located in this state may perform a notarial act 250
using communication technology for a remotely located individual if: 251
(1) The notary public: 252
(A) Has personal knowledge under subsection (a) of section 7 of this 253
act of the identity of the individual; 254
(B) Has satisfactory evidence of the identity of the remotely located 255
individual by oath or affirmation from a credible witness appearing 256
before the notary public under subsection (b) of section 7 of this act or 257
this section; or 258
(C) Has obtained satisfactory evidence of the identity of the remotely 259
located individual by using at least two different types of identity 260
proofing; 261
(2) The notary public is reasonably able to confirm that a record 262
before the notary public is the same record in which the remotely 263
located individual made a statement or on which the individual 264
executed a signature; 265
(3) The notary public, or a person acting on behalf of the notary 266
public, creates an audio-visual recording of the performance of the 267
notarial act; and 268 Raised Bill No. 5325
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(4) For a remotely located individual located outside the United 269
States: 270
(A) The record: 271
(i) Is to be filed with or relates to a matter before a public official or 272
court, governmental entity or other entity subject to the jurisdiction of 273
the United States; or 274
(ii) Involves property located in the territorial jurisdiction of the 275
United States or involves a transaction substantially connected with the 276
United States; and 277
(B) The act of making the statement or signing the record is not 278
prohibited by the foreign state in which the remotely located individual 279
is located. 280
(d) If a notarial act is performed under this section, the certificate of 281
notarial act required by section 16 of this act and the short-form 282
certificate provided in section 17 of this act shall indicate that the 283
notarial act was performed using communication technology. 284
(e) A short-form certificate provided in section 17 of this act for a 285
notarial act subject to this section is sufficient if it: 286
(1) Complies with regulations adopted under subdivision (1) of 287
subsection (h) of this section; or 288
(2) Is in the form provided in section 17 of this act and contains a 289
statement substantially as follows: "This notarial act involved the use of 290
communication technology." 291
(f) A notary public, a guardian, conservator or agent of a notary 292
public or a personal representative of a deceased notary public shall 293
retain the audio-visual recording created under subdivision (3) of 294
subsection (c) of this section or cause the recording to be retained by a 295
repository designated by or on behalf of the person required to retain 296
the recording. Unless a different period is required by regulation 297 Raised Bill No. 5325
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adopted under subdivision (4) of subsection (h) of this section, the 298
recording shall be retained for a period of at least ten years after the 299
recording is made. 300
(g) Before a notary public performs the notary public's initial notarial 301
act under this section, the notary public shall notify the Secretary of the 302
State that the notary public will be performing notarial acts with respect 303
to remotely located individuals and identify the technologies the notary 304
public intends to use. If the Secretary of the State has established 305
standards under subsection (h) of this section and section 27 of this act 306
for approval of communication technology or identity proofing, the 307
communication technology and identity proofing shall conform to the 308
standards. 309
(h) In addition to adopting regulations under section 27 of this act, 310
the Secretary of the State may adopt regulations, in accordance with 311
chapter 54 of the general statutes, under this section regarding 312
performance of a notarial act. The regulations may: 313
(1) Prescribe the means of performing a notarial act involving a 314
remotely located individual using communication technology; 315
(2) Establish standards for communication technology and identity 316
proofing; 317
(3) Establish requirements or procedures to approve providers of 318
communication technology and the process of identity proofing; and 319
(4) Establish standards and a period for the retention of an audio-320
visual recording created under subdivision (3) of subsection (c) of this 321
section. 322
(i) Before adopting, amending or repealing a regulation governing 323
performance of a notarial act with respect to a remotely located 324
individual, the Secretary of the State shall consider: 325
(1) The most recent standards regarding the performance of a notarial 326
act with respect to a remotely located individual promulgated by 327 Raised Bill No. 5325
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national standard-setting organizations and the recommendations of 328
the National Association of Secretaries of State; 329
(2) Standards, practices and customs of other jurisdictions that have 330
laws substantially similar to this section; and 331
(3) The views of governmental officials and entities and other 332
interested persons. 333
(j) By allowing its communication technology or identity proofing to 334
facilitate a notarial act for a remotely located individual or by providing 335
storage of the audio-visual recording created under subdivision (3) of 336
subsection (c) of this section, the provider of the communication 337
technology, identity proofing or storage appoints the Secretary of the 338
State as the provider's agent for service of process in any civil action in 339
this state related to the notarial act. 340
Sec. 16. (NEW) (Effective October 1, 2020) (a) A notarial act shall be 341
evidenced by a certificate that shall: 342
(1) Be executed contemporaneously with the performance of the 343
notarial act; 344
(2) Be signed and dated by the notarial officer and, if the notarial 345
officer is a notary public, be signed in the same manner as on file with 346
the Secretary of the State; 347
(3) Identify the jurisdiction in which the notarial act is performed; 348
(4) Contain the title of office of the notarial officer; and 349
(5) If the notarial officer is a notary public, indicate the date of 350
expiration, if any, of the officer's appointment. 351
(b) If a notarial act regarding a tangible record is performed by a 352
notary public, an official stamp shall be affixed to or embossed on the 353
certificate. If a notarial act is performed regarding a tangible record by 354
a notarial officer other than a notary public and the certificate contains 355 Raised Bill No. 5325
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the information specified in subdivisions (2) to (4), inclusive, of 356
subsection (a) of this section, an official stamp may be affixed to or 357
embossed on the certificate. If a notarial act regarding an electronic 358
record is performed by a notarial officer and the certificate contains the 359
information specified in subdivisions (2) to (4), inclusive, of subsection 360
(a) of this section, an official stamp may be attached to or logically 361
associated with the certificate. 362
(c) A certificate of a notarial act is sufficient if it meets the 363
requirements of subsections (a) and (b) of this section and: 364
(1) Is in a short form set forth in section 17 of this act; 365
(2) Is in a form otherwise permitted by the law of this state; 366
(3) Is in a form permitted by the law applicable in the jurisdiction in 367
which the notarial act was performed; or 368
(4) Sets forth the actions of the notarial officer and the actions are 369
sufficient to meet the requirements of the notarial act as provided in 370
sections 5 to 7, inclusive, of this act or any other provision of the general 371
statutes. 372
(d) By executing a certificate of a notarial act, a notarial officer 373
certifies that the officer has complied with the requirements and made 374
the determinations specified in sections 4 to 6, inclusive, of this act. 375
(e) A notarial officer may not affix the officer's signature to, or 376
logically associate it with, a certificate until the notarial act has been 377
performed. 378
(f) If a notarial act is performed regarding a tangible record, a 379
certificate shall be part of, or securely attached to, the record. If a notarial 380
act is performed regarding an electronic record, the certificate shall be 381
affixed to, or logically associated with, the electronic record. If the 382
Secretary of the State has established standards pursuant to section 27 383
of this act for attaching, affixing or logically associating the certificate, 384
the process shall conform to such standards. 385 Raised Bill No. 5325
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Sec. 17. (NEW) (Effective October 1, 2020) The following short-form 386
certificates of notarial acts are sufficient for the purposes indicated, if 387
completed with the information required by subsections (a) and (b) of 388
section 16 of this act: 389
(1) For an acknowledgment in an individual capacity: 390
State of .... 391
County of .... 392
This record was acknowledged before me on ____ by ________________ 393
Date Name(s) of individual(s) 394
__________________________________ 395
Signature of notarial officer 396
Stamp 397
__________________________________ 398
Title of office 399
My appointment expires: _________ 400
(2) For an acknowledgment in a representative capacity: 401
State of .... 402
County of .... 403
This record was acknowledged before me on ____ by ________________ 404
Date Name(s) of individual(s) 405
as (type of authority, such as officer or trustee) of (name of party on 406
behalf of whom record was executed). 407
__________________________________ 408 Raised Bill No. 5325
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Signature of notarial officer 409
Stamp 410
__________________________________ 411
Title of office 412
My appointment expires: _________ 413
(3) For a verification on oath or affirmation: 414
State of .... 415
County of .... 416
Signed and sworn to (or affirmed) before me on ____ by 417
_______________ 418
Date Name(s) of individual(s) making statement 419
__________________________________ 420
Signature of notarial officer 421
Stamp 422
__________________________________ 423
Title of office 424
My appointment expires: _________ 425
(4) For witnessing or attesting a signature: 426
State of .... 427
County of .... 428
Signed (or attested) before me on ________ by _____________________ 429
Date Name(s) of individual(s) 430 Raised Bill No. 5325
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__________________________________ 431
Signature of notarial officer 432
Stamp 433
__________________________________ 434
Title of office 435
My appointment expires: _________ 436
(5) For certifying a copy of a record: 437
State of .... 438
County of .... 439
I certify that this is a true and correct copy of a record in the possession 440
of ________________________________________. 441
Dated ___________________________ 442
_________________________________ 443
Signature of notarial officer 444
Stamp 445
__________________________________ 446
Title of office 447
My appointment expires: ___________ 448
Sec. 18. (NEW) (Effective October 1, 2020) The official stamp of a notary 449
public shall: 450
(1) Include the notary public's name, jurisdiction, appointment 451
expiration date and other information required by the Secretary of the 452
State; and 453 Raised Bill No. 5325
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(2) Be capable of being copied together with the record to which it is 454
affixed or attached or with which it is logically associated. 455
Sec. 19. (NEW) (Effective October 1, 2020) (a) A notary public is 456
responsible for the security of the notary public's stamping device and 457
may not allow another individual to use the device to perform a notarial 458
act. On resignation from, or the revocation or expiration of, the notary 459
public's appointment, or on the expiration of the date set forth in the 460
stamping device, if any, the notary public shall disable the stamping 461
device by destroying, defacing, damaging, erasing or securing it against 462
use in a manner that renders it unusable. On the death or adjudication 463
of incompetency of a notary public, the notary public's personal 464
representative or guardian or any other person knowingly in possession 465
of the stamping device shall render it unusable by destroying, defacing, 466
damaging, erasing or securing it against use in a manner that renders it 467
unusable. 468
(b) If a notary public's stamping device is lost or stolen, the notary 469
public or the notary public's personal representative or guardian shall 470
notify promptly the Secretary of the State on discovering that the device 471
is lost or stolen. 472
Sec. 20. (NEW) (Effective October 1, 2020) (a) A notary public may 473
select one or more tamper-evident technologies to perform notarial acts 474
with respect to electronic records. A person may not require a notary 475
public to perform a notarial act with respect to an electronic record with 476
a technology that the notary public has not selected. 477
(b) Before a notary public performs the notary public's initial notarial 478
act with respect to an electronic record, a notary public shall notify the 479
Secretary of the State that the notary public will be performing notarial 480
acts with respect to electronic records and identify the technology the 481
notary public intends to use. If the Secretary of the State has established 482
standards for approval of technology pursuant to section 27 of this act, 483
the technology shall conform to the standards. If the technology 484
conforms to the standards, the Secretary of the State shall approve the 485 Raised Bill No. 5325
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use of the technology. 486
(c) A recorder may accept for recording a tangible copy of an 487
electronic record containing a notarial certificate as satisfying any 488
requirement that a record accepted for recording be an original, if the 489
notarial officer executing the notarial certificate certifies that the 490
tangible copy is an accurate copy of the electronic record. 491
Sec. 21. (NEW) (Effective October 1, 2020) (a) An individual qualified 492
under subsection (b) of this section may apply to the Secretary of the 493
State for an appointment as a notary public. The applicant shall comply 494
with and provide the information required by regulations adopted by 495
the Secretary of the State and pay any application fee. 496
(b) An applicant for an appointment as a notary public shall: 497
(1) Be at least eighteen years of age; 498
(2) Be a citizen or permanent legal resident of the United States; 499
(3) Be a resident of or have a place of employment or practice in this 500
state; 501
(4) Be able to read and write English; 502
(5) Not be disqualified to receive an appointment under section 23 of 503
this act; and 504
(6) Have passed the examination required under subsection (a) of 505
section 22 of this act. 506
(c) Before issuance of an appointment as a notary public, an applicant 507
for the appointment shall execute an oath of office and submit it to the 508
Secretary of the State. 509
(d) On compliance with this section, the Secretary of the State shall 510
issue an appointment as a notary public to an applicant for a term of five 511
years. 512 Raised Bill No. 5325
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(e) An appointment to act as a notary public authorizes the notary 513
public to perform notarial acts. The appointment does not provide the 514
notary public any immunity or benefit conferred by the law of this state 515
on public officials or employees. 516
Sec. 22. (NEW) (Effective October 1, 2020) (a) An applicant for an 517
appointment as a notary public who does not hold an appointment in 518
this state shall pass an examination administered by the Secretary of the 519
State or an entity approved by the Secretary of the State. The 520
examination shall be based on the course of study described in 521
subsection (b) of this section. 522
(b) The Secretary of the State or an entity approved by the Secretary 523
of the State shall offer regularly a course of study to applicants who do 524
not hold appointments as notaries public in this state. The course shall 525
cover the laws, regulations, procedures and ethics relevant to notarial 526
acts. 527
Sec. 23. (NEW) (Effective October 1, 2020) (a) The Secretary of the State 528
may deny, refuse to renew, revoke, suspend or impose a condition on 529
an appointment as notary public for any act or omission that 530
demonstrates the individual lacks the honesty, integrity, competence or 531
reliability to act as a notary public, including: 532
(1) Failure to comply with any provision of sections 1 to 32, inclusive, 533
of this act; 534
(2) A fraudulent, dishonest or deceitful misstatement or omission in 535
the application for an appointment as a notary public submitted to the 536
Secretary of the State; 537
(3) A conviction of the applicant or notary public of any felony or a 538
crime involving fraud, dishonesty or deceit; 539
(4) A finding against, or admission of liability by, the applicant or 540
notary public in any legal proceeding or disciplinary action based on the 541
applicant's or notary public's fraud, dishonesty or deceit; 542 Raised Bill No. 5325
LCO No. 2195 21 of 26
(5) Failure by the notary public to discharge any duty required of a 543
notary public, whether by any provision of sections 1 to 32, inclusive, of 544
this act, regulations of the Secretary of the State or any federal or state 545
law; 546
(6) Use of false or misleading advertising or representation by the 547
notary public representing that the notary has a duty, right or privilege 548
that the notary does not have; 549
(7) Violation by the notary public of a regulation of the Secretary of 550
the State regarding a notary public; or 551
(8) Denial, refusal to renew, revocation, suspension or conditioning 552
of a notary public appointment in another state. 553
(b) If the Secretary of the State denies, refuses to renew, revokes, 554
suspends or imposes conditions on an appointment as a notary public, 555
the applicant or notary public is entitled to timely notice and hearing in 556
accordance with chapter 54 of the general statutes. 557
(c) The authority of the Secretary of the State to deny, refuse to renew, 558
suspend, revoke or impose conditions on an appointment as a notary 559
public does not prevent a person from seeking and obtaining other 560
criminal or civil remedies provided by law. 561
Sec. 24. (NEW) (Effective October 1, 2020) The Secretary of the State 562
shall maintain an electronic database of notaries public: 563
(1) Through which a person may verify the authority of a notary 564
public to perform notarial acts; and 565
(2) Which indicates whether a notary public has notified the Secretary 566
of the State that the notary public will be performing notarial acts on 567
electronic records. 568
Sec. 25. (NEW) (Effective October 1, 2020) (a) An appointment as a 569
notary public does not authorize an individual to: 570 Raised Bill No. 5325
LCO No. 2195 22 of 26
(1) Assist persons in drafting legal records, give legal advice or 571
otherwise practice law; 572
(2) Act as an immigration consultant or an expert on immigration 573
matters; 574
(3) Represent a person in a judicial or administrative proceeding 575
relating to immigration to the United States, United States citizenship or 576
related matters; or 577
(4) Receive compensation for performing any of the activities listed 578
in subdivisions (1) to (3), inclusive, of this subsection. 579
(b) A notary public may not engage in false or deceptive advertising. 580
(c) A notary public, other than an attorney licensed to practice law in 581
this state, may not use the term "notario" or "notario publico". 582
(d) A notary public, other than an attorney licensed to practice law in 583
this state, may not advertise or represent that the notary public may 584
assist persons in drafting legal records, give legal advice or otherwise 585
practice law. If a notary public who is not an attorney licensed to 586
practice law in this state in any manner advertises or represents that the 587
notary public offers notarial services, whether orally or in a record, 588
including broadcast media, print media and the Internet, the notary 589
public shall include the following statement, or an alternate statement 590
authorized or required by the Secretary of the State, in the 591
advertisement or representation, prominently and in each language 592
used in the advertisement or representation: "I am not an attorney 593
licensed to practice law in this state. I am not allowed to draft legal 594
records, give advice on legal matters, including immigration, or charge 595
a fee for those activities". If the form of advertisement or representation 596
is not broadcast media, print media or the Internet and does not permit 597
inclusion of the statement required by this subsection because of size, it 598
shall be displayed prominently or provided at the place of performance 599
of the notarial act before the notarial act is performed. 600 Raised Bill No. 5325
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(e) Except as otherwise allowed by law, a notary public may not 601
withhold access to or possession of an original record provided by a 602
person that seeks performance of a notarial act by the notary public. 603
Sec. 26. (NEW) (Effective October 1, 2020) Except as otherwise 604
provided in subsection (b) of section 4 of this act, the failure of a notarial 605
officer to perform a duty or meet a requirement specified in sections 1 606
to 32, inclusive, of this act does not invalidate a notarial act performed 607
by the notarial officer. The validity of a notarial act under sections 1 to 608
32, inclusive, of this act does not prevent an aggrieved person from 609
seeking to invalidate the record or transaction that is the subject of the 610
notarial act or from seeking other remedies based on any other provision 611
of the general statutes or the law of the United States. This section does 612
not validate a purported notarial act performed by an individual who 613
does not have the authority to perform notarial acts. 614
Sec. 27. (NEW) (Effective October 1, 2020) (a) The Secretary of the State 615
may adopt regulations, in accordance with chapter 54 of the general 616
statutes, to implement the provisions of sections 1 to 32, inclusive, of this 617
act. Regulations adopted regarding the performance of notarial acts 618
with respect to electronic records may not require, or accord greater 619
legal status or effect to, the implementation or application of a specific 620
technology or technical specification. The regulations may: 621
(1) Prescribe the manner of performing notarial acts regarding 622
tangible and electronic records; 623
(2) Include provisions to ensure that any change to or tampering with 624
a record bearing a certificate of a notarial act is self-evident; 625
(3) Include provisions to ensure integrity in the creation, transmittal, 626
storage or authentication of electronic records or signatures; 627
(4) Prescribe the process of granting, renewing, conditioning, 628
denying, suspending or revoking a notary public appointment and 629
assuring the trustworthiness of an individual holding an appointment 630
as notary public; 631 Raised Bill No. 5325
LCO No. 2195 24 of 26
(5) Include provisions to prevent fraud or mistake in the performance 632
of notarial acts; and 633
(6) Provide for the administration of the examination under 634
subsection (a) of section 22 of this act and the course of study under 635
subsection (b) of section 22 of this act. 636
(b) In adopting, amending or repealing regulations about notarial 637
acts with respect to electronic records, the Secretary of the State shall 638
consider, so far as is consistent with sections 1 to 32, inclusive, of this 639
act: 640
(1) The most recent standards regarding electronic records 641
promulgated by national bodies, such as the National Association of 642
Secretaries of State; 643
(2) Standards, practices and customs of other jurisdictions that 644
substantially enact the provisions of sections 1 to 32, inclusive, of this 645
act; and 646
(3) The views of governmental officials and entities and other 647
interested persons. 648
Sec. 28. (NEW) (Effective October 1, 2020) An appointment as a notary 649
public in effect on October 1, 2020, continues until its date of expiration. 650
A notary public who applies to renew an appointment as a notary public 651
on or after October 1, 2020, is subject to and shall comply with the 652
provisions of sections 1 to 32, inclusive, of this act. A notary public, in 653
performing notarial acts after October 1, 2020, shall comply with the 654
provisions of sections 1 to 32, inclusive, of this act. 655
Sec. 29. (NEW) (Effective October 1, 2020) The provisions of sections 1 656
to 32, inclusive, of this act do not affect the validity or effect of a notarial 657
act performed before October 1, 2020. 658
Sec. 30. (NEW) (Effective October 1, 2020) In applying and construing 659
the provisions of sections 1 to 32, inclusive, of this act, consideration 660
shall be given to the need to promote uniformity of the law with respect 661 Raised Bill No. 5325
LCO No. 2195 25 of 26
to its subject matter among states that enact it. 662
Sec. 31. (NEW) (Effective October 1, 2020) Sections 1 to 32, inclusive, of 663
this act modify, limit and supersede the Electronic Signatures in Global 664
and National Commerce Act, 15 USC 7001 et seq., but do not modify, 665
limit or supersede Section 101(c) of that act, 15 USC 7001(c), or authorize 666
electronic delivery of any of the notices described in Section 103(b) of 667
that act, 15 USC 7003(b). 668
Sec. 32. Sections 1-28 to 1-41, inclusive, 1-57 to 1-65, inclusive, 3-94a 669
to 3-94q, inclusive, and 3-95 of the general statutes are repealed. 670
(Effective October 1, 2020) 671
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 New section
Sec. 2 October 1, 2020 New section
Sec. 3 October 1, 2020 New section
Sec. 4 October 1, 2020 New section
Sec. 5 October 1, 2020 New section
Sec. 6 October 1, 2020 New section
Sec. 7 October 1, 2020 New section
Sec. 8 October 1, 2020 New section
Sec. 9 October 1, 2020 New section
Sec. 10 October 1, 2020 New section
Sec. 11 October 1, 2020 New section
Sec. 12 October 1, 2020 New section
Sec. 13 October 1, 2020 New section
Sec. 14 October 1, 2020 New section
Sec. 15 October 1, 2020 New section
Sec. 16 October 1, 2020 New section
Sec. 17 October 1, 2020 New section
Sec. 18 October 1, 2020 New section
Sec. 19 October 1, 2020 New section
Sec. 20 October 1, 2020 New section
Sec. 21 October 1, 2020 New section
Sec. 22 October 1, 2020 New section
Sec. 23 October 1, 2020 New section
Sec. 24 October 1, 2020 New section Raised Bill No. 5325
LCO No. 2195 26 of 26
Sec. 25 October 1, 2020 New section
Sec. 26 October 1, 2020 New section
Sec. 27 October 1, 2020 New section
Sec. 28 October 1, 2020 New section
Sec. 29 October 1, 2020 New section
Sec. 30 October 1, 2020 New section
Sec. 31 October 1, 2020 New section
Sec. 32 October 1, 2020 Repealer section
Statement of Purpose:
To adopt the Revised Uniform Law on Notarial Acts.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]