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General Assembly Raised Bill No. 6604
January Session, 2021
LCO No. 4492
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, 2021) 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, 2021) 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. 6604
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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. 6604
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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, 2021) Sections 1 to 32, inclusive, of 63
this act apply to a notarial act performed on or after October 1, 2021. 64
Sec. 4. (NEW) (Effective October 1, 2021) (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. 6604
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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, 2021) (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, 2021) 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. 6604
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the signature shall appear personally before the notarial officer. 99
Sec. 7. (NEW) (Effective October 1, 2021) (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 six months 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 six months 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 six months 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, 2021) (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. 6604
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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, 2021) 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, 2021) (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, 2021) (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. 6604
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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, 2021) (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. 6604
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Sec. 13. (NEW) (Effective October 1, 2021) (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, 2021) (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. 6604
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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, 2021) (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. 6604
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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 notarial 248
officer. 249
(c) A notarial officer located in this state may perform a notarial act 250
using communication technology for a remotely located individual if: 251
(1) The notarial officer: 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 notarial officer confirms that a record before the notarial 262
officer is the same record that the remotely located individual executes 263
remotely before the notarial officer by communication technology; 264
(3) The notarial officer, or a person acting on behalf of the notarial 265
officer, creates an audio-visual recording of the performance of the 266
notarial act; and 267 Raised Bill No. 6604
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(4) For a remotely located individual located outside the United 268
States: 269
(A) The record: 270
(i) Is to be filed with or relates to a matter before a public official or 271
court, governmental entity or other entity subject to the jurisdiction of 272
the United States; or 273
(ii) Involves property located in the territorial jurisdiction of the 274
United States or involves a transaction substantially connected with the 275
United States; and 276
(B) The act of making the statement or signing the record is not 277
prohibited by the foreign state in which the remotely located individual 278
is located. 279
(d) If a notarial act is performed under this section, the certificate of 280
notarial act required by section 16 of this act and the short-form 281
certificate provided in section 17 of this act shall indicate that the 282
notarial act was performed using communication technology. 283
(e) A short-form certificate provided in section 17 of this act for a 284
notarial act subject to this section is sufficient if it: 285
(1) Complies with regulations adopted under subdivision (1) of 286
subsection (h) of this section; or 287
(2) Is in the form provided in section 17 of this act and contains a 288
statement substantially as follows: "This notarial act involved the use of 289
communication technology." 290
(f) A notarial officer, a guardian, conservator or agent of a notarial 291
officer or a personal representative of a deceased notarial officer shall 292
retain the audio-visual recording created under subdivision (3) of 293
subsection (c) of this section or cause the recording to be retained by a 294
repository designated by or on behalf of the person required to retain 295
the recording. Unless a different period is required by regulation 296 Raised Bill No. 6604
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adopted under subdivision (4) of subsection (h) of this section, the 297
recording shall be retained for a period of at least ten years after the 298
recording is made. 299
(g) Before a notary public performs the notarial public's initial 300
notarial act under this section, the notary public shall notify the 301
Secretary of the State that the notary public will be performing notarial 302
acts with respect to remotely located individuals and identify the 303
technologies the notary public intends to use. A notary public or notarial 304
officer shall not perform a notarial act with respect to a remotely located 305
individual using any technology that has not been approved by the 306
Secretary of the State pursuant to subsection (h) of this section and any 307
applicable regulations. Use of unapproved technology by a notary 308
public shall be grounds to deny, refuse to renew, suspend or impose a 309
condition on a notarial officer's commission in accordance with section 310
23 of this act. Use of unapproved technology by a notarial officer other 311
than a notary public may constitute grounds for discipline of such 312
notarial officer by the applicable body having jurisdiction over such 313
notarial officer. 314
(h) The Secretary of the State shall adopt regulations, in accordance 315
with chapter 54 of the general statutes, under this section regarding 316
performance of a notarial act. The regulations shall: 317
(1) Prescribe the means of performing a notarial act involving a 318
remotely located individual using communication technology; 319
(2) Establish standards for communication technology and identity 320
proofing; 321
(3) Establish requirements or procedures to approve providers of 322
communication technology and the process of identity proofing; and 323
(4) Establish standards and a period for the retention of an audio-324
visual recording created under subdivision (3) of subsection (c) of this 325
section. 326 Raised Bill No. 6604
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(i) Before adopting, amending or repealing a regulation governing 327
performance of a notarial act with respect to a remotely located 328
individual, the Secretary of the State shall consider: 329
(1) The most recent standards regarding the performance of a notarial 330
act with respect to a remotely located individual promulgated by 331
national standard-setting organizations and the recommendations of 332
the National Association of Secretaries of State; 333
(2) Standards, practices and customs of other jurisdictions that have 334
laws substantially similar to this section; and 335
(3) The views of governmental officials and entities and other 336
interested persons. 337
(j) A notarial officer located in this state shall not perform a notarial 338
act using communication technology for a remotely located individual 339
if such notarial act is connected with a real estate transaction or the 340
making or execution of a will or codicil. 341
Sec. 16. (NEW) (Effective October 1, 2021) (a) A notarial act shall be 342
evidenced by a certificate that shall: 343
(1) Be executed contemporaneously with the performance of the 344
notarial act; 345
(2) Be signed and dated by the notarial officer and, if the notarial 346
officer is a notary public, be signed in the same manner as on file with 347
the Secretary of the State; 348
(3) Identify the jurisdiction in which the notarial act is performed; 349
(4) Contain the title of office of the notarial officer; and 350
(5) If the notarial officer is a notary public, indicate the date of 351
expiration, if any, of the officer's appointment. 352
(b) If a notarial act regarding a tangible record is performed by a 353
notary public, an official stamp shall be affixed to or embossed on the 354 Raised Bill No. 6604
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certificate. If a notarial act is performed regarding a tangible record by 355
a notarial officer other than a notary public and the certificate contains 356
the information specified in subdivisions (2) to (4), inclusive, of 357
subsection (a) of this section, an official stamp may be affixed to or 358
embossed on the certificate. If a notarial act regarding an electronic 359
record is performed by a notarial officer and the certificate contains the 360
information specified in subdivisions (2) to (4), inclusive, of subsection 361
(a) of this section, an official stamp may be attached to or logically 362
associated with the certificate. 363
(c) A certificate of a notarial act is sufficient if it meets the 364
requirements of subsections (a) and (b) of this section and: 365
(1) Is in a short form set forth in section 17 of this act; 366
(2) Is in a form otherwise permitted by the law of this state; 367
(3) Is in a form permitted by the law applicable in the jurisdiction in 368
which the notarial act was performed; or 369
(4) Sets forth the actions of the notarial officer and the actions are 370
sufficient to meet the requirements of the notarial act as provided in 371
sections 5 to 7, inclusive, of this act or any other provision of the general 372
statutes. 373
(d) By executing a certificate of a notarial act, a notarial officer 374
certifies that the officer has complied with the requirements and made 375
the determinations specified in sections 4 to 6, inclusive, of this act. 376
(e) A notarial officer may not affix the officer's signature to, or 377
logically associate it with, a certificate until the notarial act has been 378
performed. 379
(f) If a notarial act is performed regarding a tangible record, a 380
certificate shall be part of, or securely attached to, the record. If a notarial 381
act is performed regarding an electronic record, the certificate shall be 382
affixed to, or logically associated with, the electronic record. If the 383
Secretary of the State has established standards pursuant to section 27 384 Raised Bill No. 6604
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of this act for attaching, affixing or logically associating the certificate, 385
the process shall conform to such standards. 386
Sec. 17. (NEW) (Effective October 1, 2021) The following short-form 387
certificates of notarial acts are sufficient for the purposes indicated, if 388
completed with the information required by subsections (a) and (b) of 389
section 16 of this act: 390
(1) For an acknowledgment in an individual capacity: 391
State of .... 392
County of .... 393
This record was acknowledged before me on ____ by ________________ 394
Date Name(s) of individual(s) 395
__________________________________ 396
Signature of notarial officer 397
Stamp 398
__________________________________ 399
Title of office 400
My appointment expires: _________ 401
(2) For an acknowledgment in a representative capacity: 402
State of .... 403
County of .... 404
This record was acknowledged before me on ____ by ________________ 405
Date Name(s) of individual(s) 406
as (type of authority, such as officer or trustee) of (name of party on 407 Raised Bill No. 6604
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behalf of whom record was executed). 408
__________________________________ 409
Signature of notarial officer 410
Stamp 411
__________________________________ 412
Title of office 413
My appointment expires: _________ 414
(3) For a verification on oath or affirmation: 415
State of .... 416
County of .... 417
Signed and sworn to (or affirmed) before me on ____ by 418
_______________ 419
Date Name(s) of individual(s) making statement 420
__________________________________ 421
Signature of notarial officer 422
Stamp 423
__________________________________ 424
Title of office 425
My appointment expires: _________ 426
(4) For witnessing or attesting a signature: 427
State of .... 428
County of .... 429 Raised Bill No. 6604
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Signed (or attested) before me on ________ by _____________________ 430
Date Name(s) of individual(s) 431
__________________________________ 432
Signature of notarial officer 433
Stamp 434
__________________________________ 435
Title of office 436
My appointment expires: _________ 437
(5) For certifying a copy of a record: 438
State of .... 439
County of .... 440
I certify that this is a true and correct copy of a record in the possession 441
of ________________________________________. 442
Dated ___________________________ 443
_________________________________ 444
Signature of notarial officer 445
Stamp 446
__________________________________ 447
Title of office 448
My appointment expires: ___________ 449
Sec. 18. (NEW) (Effective October 1, 2021) The official stamp of a notary 450
public shall: 451 Raised Bill No. 6604
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(1) Include the notary public's name, jurisdiction, appointment 452
expiration date and other information required by the Secretary of the 453
State; and 454
(2) Be capable of being copied together with the record to which it is 455
affixed or attached or with which it is logically associated. 456
Sec. 19. (NEW) (Effective October 1, 2021) (a) A notary public is 457
responsible for the security of the notary public's stamping device and 458
may not allow another individual to use the device to perform a notarial 459
act. On resignation from, or the revocation or expiration of, the notary 460
public's appointment, or on the expiration of the date set forth in the 461
stamping device, if any, the notary public shall disable the stamping 462
device by destroying, defacing, damaging, erasing or securing it against 463
use in a manner that renders it unusable. On the death or adjudication 464
of incompetency of a notary public, the notary public's personal 465
representative or guardian or any other person knowingly in possession 466
of the stamping device shall render it unusable by destroying, defacing, 467
damaging, erasing or securing it against use in a manner that renders it 468
unusable. 469
(b) If a notary public's stamping device is lost or stolen, the notary 470
public or the notary public's personal representative or guardian shall 471
notify promptly by mail or electronic mail the Secretary of the State on 472
discovering that the device is lost or stolen. 473
Sec. 20. (NEW) (Effective October 1, 2021) (a) A notary public may 474
select one or more tamper-evident technologies to perform notarial acts 475
with respect to electronic records. A person may not require a notary 476
public to perform a notarial act with respect to an electronic record with 477
a technology that the notary public has not selected. 478
(b) Before a notary public performs the notary public's initial notarial 479
act with respect to an electronic record, a notary public shall notify the 480
Secretary of the State that the notary public will be performing notarial 481
acts with respect to electronic records and identify the technology the 482
notary public intends to use. If the Secretary of the State has established 483 Raised Bill No. 6604
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standards for approval of technology pursuant to section 27 of this act, 484
the technology shall conform to the standards. If the technology 485
conforms to the standards, the Secretary of the State shall approve the 486
use of the technology. 487
(c) A town clerk shall accept for recording a tangible copy of an 488
electronic record containing a notarial certificate as satisfying any 489
requirement that a record accepted for recording be an original, if the 490
same notarial officer executing the notarial certificate contained on the 491
record certifies that the tangible copy is an accurate copy of the 492
electronic record. Such recording shall attach a declaration of 493
authenticity as follows: 494
DECLARATION OF AUTHENTICITY 495
State of .... 496
County of .... 497
The attached document, (insert title), dated (insert date) and 498
containing (insert number of pages) pages, is a true and correct copy of 499
an electronic record printed by me or under my supervision. At the time 500
of printing, no security features present on the electronic record 501
indicated any changes or errors in an electronic signature or other 502
information in the electronic record after the electronic record's creation 503
or execution. 504
This declaration is made under penalty of perjury. 505
Signed this ___ day of _________, ____. 506
_________________________________ 507
Signature of notarial officer 508
Stamp 509
__________________________________ 510 Raised Bill No. 6604
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Title of office 511
My appointment expires: ___________ 512
Sec. 21. (NEW) (Effective October 1, 2021) (a) An individual qualified 513
under subsection (b) of this section may apply to the Secretary of the 514
State for an appointment as a notary public. The applicant shall comply 515
with and provide the information required by regulations adopted by 516
the Secretary of the State and pay any application fee. 517
(b) An applicant for an appointment as a notary public shall: 518
(1) Be at least eighteen years of age; 519
(2) Be a citizen or permanent legal resident of the United States; 520
(3) Be a resident of or have a place of employment or practice in this 521
state; 522
(4) Be able to read and write English; 523
(5) Not be disqualified to receive an appointment under section 23 of 524
this act; and 525
(6) Have passed the examination required under subsection (a) of 526
section 22 of this act. 527
(c) Before issuance of an appointment as a notary public, an applicant 528
for the appointment shall execute an oath of office and submit it to the 529
Secretary of the State. 530
(d) On compliance with this section, the Secretary of the State shall 531
issue an appointment as a notary public to an applicant for a term of five 532
years. 533
(e) An appointment to act as a notary public authorizes the notary 534
public to perform notarial acts. The appointment does not provide the 535
notary public any immunity or benefit conferred by the law of this state 536
on public officials or employees. 537 Raised Bill No. 6604
LCO No. 4492 21 of 32
Sec. 22. (NEW) (Effective October 1, 2021) The Secretary of the State or 538
an entity approved by the Secretary of the State shall offer regularly a 539
course of study to applicants who do not hold commissions as notaries 540
public in this state, including notaries public seeking renewal or 541
reinstatement of a notary commission. The course shall cover the laws, 542
regulations, procedures and ethics relevant to notarial acts. The 543
Secretary of the State may make successful completion of such course of 544
study mandatory for applicants for a notary commission or for renewal 545
or reinstatement of a notary commission. 546
Sec. 23. (NEW) (Effective October 1, 2021) (a) The Secretary of the State 547
may deny, refuse to renew, revoke, suspend or impose a condition on 548
an appointment as notary public for any act or omission that 549
demonstrates the individual lacks the honesty, integrity, competence or 550
reliability to act as a notary public, including: 551
(1) Failure to comply with any provision of sections 1 to 32, inclusive, 552
of this act; 553
(2) A fraudulent, dishonest or deceitful misstatement or omission in 554
the application for an appointment as a notary public submitted to the 555
Secretary of the State; 556
(3) A conviction of the applicant or notary public of any felony or a 557
crime involving fraud, dishonesty or deceit; 558
(4) A finding against, or admission of liability by, the applicant or 559
notary public in any legal proceeding or disciplinary action based on the 560
applicant's or notary public's fraud, dishonesty or deceit; 561
(5) Failure by the notary public to discharge any duty required of a 562
notary public, whether by any provision of sections 1 to 32, inclusive, of 563
this act, regulations of the Secretary of the State or any federal or state 564
law; 565
(6) Use of false or misleading advertising or representation by the 566
notary public representing that the notary has a duty, right or privilege 567 Raised Bill No. 6604
LCO No. 4492 22 of 32
that the notary does not have; 568
(7) Violation by the notary public of a regulation of the Secretary of 569
the State regarding a notary public; 570
(8) Denial, refusal to renew, revocation, suspension or conditioning 571
of a notary public appointment in another state; or 572
(9) Any violation of subsection (g) of section 15 of this act regarding 573
the use of remote notary technology. 574
(b) In making a determination to deny, refuse to renew, revoke, 575
suspend or impose a condition on a commission as notary public 576
pursuant to subdivision (3) of subsection (a) of this section, the Secretary 577
of the State shall consider (1) the nature and number of relevant 578
convictions, (2) the recency of the convictions, (3) whether the 579
application has successfully completed the conditions of conviction, 580
including imprisonment, probation or parole, and (4) if a felony, 581
whether the crime involved fraud, deceit of dishonesty. The Secretary 582
of the State shall not deny, refuse to renew, revoke, suspend or impose 583
a condition on a commission as notary public on the basis of criminal 584
conviction if the Secretary of the State finds, based on the totality of the 585
circumstances, that the applicant possesses the character and fitness 586
necessary to perform the duties of a notary public in a manner consistent 587
with the law. The Secretary of the State shall inform all applicants that 588
criminal convictions that have been expunged, pardoned or otherwise 589
erased pursuant to law need not be disclosed to the Secretary of the 590
State. 591
(c) If the Secretary of the State denies, refuses to renew, revokes, 592
suspends or imposes conditions on an appointment as a notary public, 593
the applicant or notary public is entitled to timely notice and hearing in 594
accordance with chapter 54 of the general statutes. 595
(d) The authority of the Secretary of the State to deny, refuse to renew, 596
suspend, revoke or impose conditions on an appointment as a notary 597
public does not prevent a person from seeking and obtaining other 598 Raised Bill No. 6604
LCO No. 4492 23 of 32
criminal or civil remedies provided by law. 599
Sec. 24. (NEW) (Effective October 1, 2021) The Secretary of the State 600
shall maintain an electronic database of notaries public: 601
(1) Through which a person may verify the authority of a notary 602
public to perform notarial acts; and 603
(2) Which indicates whether a notary public has notified the Secretary 604
of the State that the notary public will be performing notarial acts on 605
electronic records. 606
Sec. 25. (NEW) (Effective October 1, 2021) (a) An appointment as a 607
notary public does not authorize an individual to: 608
(1) Assist persons in drafting legal records, conduct a real estate 609
closing, give legal advice or otherwise practice law; 610
(2) Act as an immigration consultant or an expert on immigration 611
matters; 612
(3) Represent a person in a judicial or administrative proceeding 613
relating to immigration to the United States, United States citizenship or 614
related matters; or 615
(4) Receive compensation for performing any of the activities listed 616
in subdivisions (1) to (3), inclusive, of this subsection. 617
(b) A notary public may not engage in false or deceptive advertising. 618
(c) A notary public, other than an attorney licensed to practice law in 619
this state, may not use the term "notario" or "notario publico". 620
(d) A notary public, other than an attorney licensed to practice law in 621
this state, may not advertise or represent that the notary public may 622
assist persons in drafting legal records, give legal advice, conduct a real 623
estate closing or otherwise practice law. If a notary public who is not an 624
attorney licensed to practice law in this state in any manner advertises 625
or represents that the notary public offers notarial services, whether 626 Raised Bill No. 6604
LCO No. 4492 24 of 32
orally or in a record, including broadcast media, print media and the 627
Internet, the notary public shall include the following statement, or an 628
alternate statement authorized or required by the Secretary of the State, 629
in the advertisement or representation, prominently and in each 630
language used in the advertisement or representation: "I am not an 631
attorney licensed to practice law in this state. I am not allowed to draft 632
legal records, give advice on legal matters, including immigration, or 633
charge a fee for those activities". If the form of advertisement or 634
representation is not broadcast media, print media or the Internet and 635
does not permit inclusion of the statement required by this subsection 636
because of size, it shall be displayed prominently or provided at the 637
place of performance of the notarial act before the notarial act is 638
performed. 639
(e) Except as otherwise allowed by law, a notary public may not 640
withhold access to or possession of an original record provided by a 641
person that seeks performance of a notarial act by the notary public. 642
Sec. 26. (NEW) (Effective October 1, 2021) Except as otherwise 643
provided in subsection (b) of section 4 of this act, the failure of a notarial 644
officer to perform a duty or meet a requirement specified in sections 1 645
to 32, inclusive, of this act does not invalidate a notarial act performed 646
by the notarial officer. The validity of a notarial act under sections 1 to 647
32, inclusive, of this act does not prevent an aggrieved person from 648
seeking to invalidate the record or transaction that is the subject of the 649
notarial act or from seeking other remedies based on any other provision 650
of the general statutes or the law of the United States. This section does 651
not validate a purported notarial act performed by an individual who 652
does not have the authority to perform notarial acts. 653
Sec. 27. (NEW) (Effective October 1, 2021) (a) The Secretary of the State 654
may adopt regulations, in accordance with chapter 54 of the general 655
statutes, to implement the provisions of sections 1 to 32, inclusive, of this 656
act. Regulations adopted regarding the performance of notarial acts 657
with respect to electronic records may not require, or accord greater 658
legal status or effect to, the implementation or application of a specific 659 Raised Bill No. 6604
LCO No. 4492 25 of 32
technology or technical specification. The regulations may: 660
(1) Prescribe the manner of performing notarial acts regarding 661
tangible and electronic records; 662
(2) Include provisions to ensure that any change to or tampering with 663
a record bearing a certificate of a notarial act is self-evident; 664
(3) Include provisions to ensure integrity in the creation, transmittal, 665
storage or authentication of electronic records or signatures; 666
(4) Prescribe the process of granting, renewing, conditioning, 667
denying, suspending or revoking a notary public appointment and 668
assuring the trustworthiness of an individual holding an appointment 669
as notary public; 670
(5) Include provisions to prevent fraud or mistake in the performance 671
of notarial acts; and 672
(6) Provide for the administration of the examination under 673
subsection (a) of section 22 of this act and the course of study under 674
subsection (b) of section 22 of this act. 675
(b) In adopting, amending or repealing regulations about notarial 676
acts with respect to electronic records, the Secretary of the State shall 677
consider, so far as is consistent with sections 1 to 32, inclusive, of this 678
act: 679
(1) The most recent standards regarding electronic records 680
promulgated by national bodies, such as the National Association of 681
Secretaries of State; 682
(2) Standards, practices and customs of other jurisdictions that 683
substantially enact the provisions of sections 1 to 32, inclusive, of this 684
act; and 685
(3) The views of governmental officials and entities and other 686
interested persons. 687 Raised Bill No. 6604
LCO No. 4492 26 of 32
Sec. 28. (NEW) (Effective October 1, 2021) The provisions of sections 1 688
to 32, inclusive, of this act do not affect the validity or effect of a notarial 689
act performed before October 1, 2021. 690
Sec. 29. (NEW) (Effective October 1, 2021) In applying and construing 691
the provisions of sections 1 to 32, inclusive, of this act, consideration 692
shall be given to the need to promote uniformity of the law with respect 693
to its subject matter among states that enact it. 694
Sec. 30. (NEW) (Effective October 1, 2021) Sections 1 to 32, inclusive, of 695
this act modify, limit and supersede the Electronic Signatures in Global 696
and National Commerce Act, 15 USC 7001 et seq., but do not modify, 697
limit or supersede Section 101(c) of that act, 15 USC 7001(c), or authorize 698
electronic delivery of any of the notices described in Section 103(b) of 699
that act, 15 USC 7003(b). 700
Sec. 31. Section 3-94b of the general statutes is repealed and the 701
following is substituted in lieu thereof (Effective October 1, 2021): 702
(a) [Except as provided in subsection (c) of this section, the] The 703
Secretary of the State may appoint as a notary public any qualified 704
person who submits an application in accordance with this section. 705
(b) In order to qualify for appointment as a notary public, a person 706
shall: 707
(1) Be eighteen years of age or older at the time of application; 708
(2) (A) Be a resident of the state of Connecticut at the time of 709
application and appointment, or (B) have one's principal place of 710
business in the state at the time of application and appointment; 711
(3) [Pass a written examination approved or administered by the 712
Secretary] Successfully complete a course of study in accordance with 713
section 22 of this act and any applicable regulations adopted by the 714
Secretary of the State; 715
(4) Submit an application [, on a form prescribed and provided by] to 716 Raised Bill No. 6604
LCO No. 4492 27 of 32
the Secretary. [, which the applicant shall complete in the applicant's 717
handwriting without misstatement or omission of fact.] The application 718
shall be accompanied by (A) a nonrefundable application fee [of one 719
hundred twenty dollars] in an amount prescribed by the Secretary, and 720
(B) [the recommendation] a certificate of reference, on a form prescribed 721
by the Secretary, of an individual who has personally known the 722
applicant for at least one year and is not legally related to the applicant. 723
The Secretary may require that such application be submitted online 724
and that the applicant provide identifying information, including, but 725
not limited to, a Social Security number or other unique personal 726
identifier. If the Secretary does not prescribe a nonrefundable 727
application fee by regulation, such fee shall be one hundred twenty 728
dollars. 729
[(c) The Secretary may deny an application based on: 730
(1) The applicant's conviction of a felony or a crime involving 731
dishonesty or moral turpitude; 732
(2) Revocation, suspension or restriction of a notary public 733
appointment or professional license issued to the applicant by this state 734
or any other state; or 735
(3) The applicant's official misconduct, whether or not any 736
disciplinary action has resulted.] 737
[(d)] (c) Upon approval of an application for appointment as a notary 738
public, the Secretary shall cause a certificate of appointment [bearing a 739
facsimile of the Secretary's signature and countersigned by the 740
Secretary's executive assistant or an employee designated by the 741
Secretary] in a format prescribed by the Secretary to be issued to such 742
appointee by electronic means. 743
[(e) A notary public may obtain a replacement certificate of 744
appointment by filing a written request with the Secretary, 745
accompanied by a nonrefundable fee of five dollars.] 746 Raised Bill No. 6604
LCO No. 4492 28 of 32
Sec. 32. Section 3-94c of the general statutes is repealed and the 747
following is substituted in lieu thereof (Effective October 1, 2021): 748
[(a)] A person appointed as a notary public by the Secretary of the 749
State may exercise the functions of the office of notary public at any 750
place within the state beginning on the date of such person's 751
appointment and ending five years later on the last day of the month of 752
appointment, unless (1) such appointment as a notary is suspended or 753
terminated by the Secretary before the end of such term, (2) the notary 754
resigns such appointment, or (3) the notary ceases to either be a resident 755
of the state or have one's principal place of business in the state. 756
[(b) The Secretary may, pursuant to regulations adopted in 757
accordance with the provisions of chapter 54, extend or reduce, by not 758
more than one year, the term of any person serving as a notary public 759
on October 1, 1990, who seeks reappointment after such date, in order 760
for the new term for each such notary to begin on the effective date of 761
the notary's reappointment. 762
(c) Within thirty days after receiving a certificate of appointment 763
from the Secretary, a notary public shall record, with the town clerk of 764
the municipality in the state in which the notary resides, or, if the notary 765
is not a resident of the state, with the town clerk of the municipality in 766
the state in which the notary's principal place of business is located, such 767
certificate and such notary's oath of office taken and subscribed to by 768
the notary before some proper authority. Any notary public who is a 769
resident of the state and whose principal place of business is in a 770
municipality within the state other than the municipality in which the 771
notary resides, may also record the notary's certificate of appointment 772
and oath of office with the town clerk of such other municipality. Town 773
clerks or assistant town clerks may certify to the authority and official 774
acts of any notary public whose certificate of appointment and oath of 775
office have been recorded in the books in their charge. The failure of a 776
notary public to so record such certificate of appointment and oath of 777
office shall not invalidate any notarial act performed by the notary after 778
the date of such person's appointment as a notary public.] 779 Raised Bill No. 6604
LCO No. 4492 29 of 32
Sec. 33. Section 3-94d of the general statutes is repealed and the 780
following is substituted in lieu thereof (Effective October 1, 2021): 781
(a) A notary public may apply for [reappointment on a form] a 782
renewal of such notary public's term of appointment in a format 783
prescribed and provided by the Secretary, accompanied by a 784
nonrefundable application fee [of sixty dollars, and shall otherwise 785
comply with all requirements for being appointed and serving as a 786
notary public] in an amount prescribed by the Secretary. [Not later than 787
ninety days before the expiration of the term of a notary public, the 788
Secretary shall send the notary a notice of the expiration and a 789
reappointment application form.] The Secretary shall notify a notary 790
public of the expiration of such notary public's term of appointment not 791
less than ninety days before the expiration of such notary public's term 792
of appointment by electronic means or by other appropriate method if 793
electronic communication is not feasible. Failure of the Secretary to 794
provide such notification shall not invalidate the expiration of a notary 795
public's term of appointment. If the Secretary does not prescribe a 796
nonrefundable application fee by regulation, such fee shall be sixty 797
dollars. 798
(b) The Secretary may provide a grace period for renewal of a notary 799
public's term of appointment of not more than ninety days after the 800
expiration of such notary public's term of appointment. A notary public 801
whose term of appointment has expired for more than ninety days shall 802
be deemed to have lapsed and may apply for reinstatement through a 803
method prescribed by the Secretary. The procedures applicable for a 804
reinstatement shall be consistent with the procedures described in 805
section 3-94b, as amended by this act. 806
(c) The Secretary may condition the renewal or reinstatement of a 807
notary public's term of appointment on such notary public's successful 808
completion of a course of study, as described in section 22 of this act. 809
(d) Each application for appointment as a notary public and for 810
renewal or reinstatement of a notary public's term of appointment shall 811 Raised Bill No. 6604
LCO No. 4492 30 of 32
be made under penalty of false statement and contain an affirmation by 812
the applicant that, if appointed, he or she will support the Constitution 813
of the United States and the Constitution of the state of Connecticut and 814
fairly discharge, according to law, the duties of the office of notary 815
public to the best of his or her abilities. 816
Sec. 34. Section 3-95 of the general statutes is repealed and the 817
following is substituted in lieu thereof (Effective October 1, 2021): 818
The fee for any act performed by a notary public in accordance with 819
the provisions of the general statutes shall not exceed five dollars, or any 820
rate prescribed by the Secretary, plus an additional [thirty-five cents] 821
rate for each mile of travel, as prescribed by the Secretary and not 822
exceeding the standard mileage rate for businesses as determined by the 823
Internal Revenue Service. 824
Sec. 35. Section 1-1e of the general statutes is repealed and the 825
following is substituted in lieu thereof (Effective October 1, 2021): 826
Nothing in sections 1-1d, 3-94b to [3-94e] 3-94d, inclusive, as 827
amended by this act, 7-6, 7-51, 7-53, 7-54, 7-172, 9-12, 10a-207, 14-14, 14-828
36, 14-40a, 14-41, 14-44, 14-61, 14-73, 14-214, 14-276, 17a-1, 17a-152, 17b-829
75, 17b-81, 17b-223, 17b-745, 18-73, 18-87, 19a-512, 20-10, 20-130, 20-146, 830
20-188, 20-213, 20-217, 20-236, 20-250, 20-252, 20-270, 20-291, 20-316, 20-831
361, 20-590, 20-592, 26-38, 29-156a, 30-1, 30-45, 30-86a, 31-222, 38a-482, 832
38a-609, 38a-633, 38a-786, 45a-263, 45a-502, 45a-504, 45a-606, 45a-754, 833
46b-129, 46b-215, 52-572, 53-304, 53-330, 53a-70 or 53a-87 shall impair or 834
affect any act done, offense committed or right accruing, accrued or 835
acquired, or an obligation, liability, penalty, forfeiture or punishment 836
incurred prior to October 1, 1972, and the same may be enjoyed, asserted 837
and enforced, as fully and to the same extent and in the same manner as 838
they might under the laws existing prior to said date, and all matters 839
civil or criminal pending on said date or instituted thereafter for any act 840
done, offense committed, right accruing, accrued or acquired, or 841
obligation, liability, penalty, forfeiture or punishment incurred prior to 842
said date may be continued or instituted under and in accordance with 843 Raised Bill No. 6604
LCO No. 4492 31 of 32
the provisions of the law in force at the time of the commission of such 844
act done, offense committed, right accruing, accrued or acquired, or 845
obligation, liability, penalty, forfeiture or punishment incurred. 846
Sec. 36. Sections 3-94a, 3-94e to 3-94q, inclusive, and 3-95a of the 847
general statutes are repealed. (Effective October 1, 2021) 848
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 New section
Sec. 2 October 1, 2021 New section
Sec. 3 October 1, 2021 New section
Sec. 4 October 1, 2021 New section
Sec. 5 October 1, 2021 New section
Sec. 6 October 1, 2021 New section
Sec. 7 October 1, 2021 New section
Sec. 8 October 1, 2021 New section
Sec. 9 October 1, 2021 New section
Sec. 10 October 1, 2021 New section
Sec. 11 October 1, 2021 New section
Sec. 12 October 1, 2021 New section
Sec. 13 October 1, 2021 New section
Sec. 14 October 1, 2021 New section
Sec. 15 October 1, 2021 New section
Sec. 16 October 1, 2021 New section
Sec. 17 October 1, 2021 New section
Sec. 18 October 1, 2021 New section
Sec. 19 October 1, 2021 New section
Sec. 20 October 1, 2021 New section
Sec. 21 October 1, 2021 New section
Sec. 22 October 1, 2021 New section
Sec. 23 October 1, 2021 New section
Sec. 24 October 1, 2021 New section
Sec. 25 October 1, 2021 New section
Sec. 26 October 1, 2021 New section
Sec. 27 October 1, 2021 New section
Sec. 28 October 1, 2021 New section
Sec. 29 October 1, 2021 New section
Sec. 30 October 1, 2021 New section Raised Bill No. 6604
LCO No. 4492 32 of 32
Sec. 31 October 1, 2021 3-94b
Sec. 32 October 1, 2021 3-94c
Sec. 33 October 1, 2021 3-94d
Sec. 34 October 1, 2021 3-95
Sec. 35 October 1, 2021 1-1e
Sec. 36 October 1, 2021 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.]