CT
Connecticut House Bill HB06604

Connecticut 2021 Regular Session

Connecticut House Bill HB06604 Compare Versions

OldNewDifferences
1-
2-
3-LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06604-R01-
4-HB.docx
5-1 of 4
6-
7-General Assembly Substitute Bill No. 6604
8-January Session, 2021
91
102
113
124
5+LCO No. 4492 1 of 32
136
14-AN ACT CONCERNING RE MOTE NOTARIAL ACTS.
7+General Assembly Raised Bill No. 6604
8+January Session, 2021
9+LCO No. 4492
10+
11+
12+Referred to Committee on COMMERCE
13+
14+
15+Introduced by:
16+(CE)
17+
18+
19+
20+
21+AN ACT ADOPTING THE REVISED UNIFORM LAW ON NOTARIAL
22+ACTS.
1523 Be it enacted by the Senate and House of Representatives in General
1624 Assembly convened:
1725
18-Section 1. (NEW) (Effective from passage) (a) As used in this section, 1
19-"notary public" means a person commissioned by the Secretary of the 2
20-State pursuant to section 3-94b of the general statutes or a commissioner 3
21-of the Superior Court as described in section 51-85 of the general 4
22-statutes. Notwithstanding any provision of the general statutes, on and 5
23-after the effective date of this section until June 30, 2022, any notarial act 6
24-that is required under Connecticut law to be performed by a notary 7
25-public may be performed using an electronic device or process that 8
26-allows a notary public and a remotely located individual to 9
27-communicate with each other simultaneously by sight and sound, 10
28-provided the following conditions are met: 11
29-(1) The individual seeking the notarial act from a notary public, if not 12
30-personally known to the notary public, shall present satisfactory 13
31-evidence of identity, as defined in section 3-94a of the general statutes, 14
32-while connected to the electronic device or process, and may not 15
33-transmit such evidence prior to or after the transaction; 16
34-(2) The electronic device or process used by the notary public shall be 17
35-capable of recording the complete notarial act and such recording shall 18 Substitute Bill No. 6604
26+Section 1. (NEW) (Effective October 1, 2021) Sections 1 to 32, inclusive, 1
27+of this act may be cited as the "Revised Uniform Law on Notarial Acts 2
28+(2018)". 3
29+Sec. 2. (NEW) (Effective October 1, 2021) As used in sections 1 to 32, 4
30+inclusive, of this act: 5
31+(1) "Acknowledgment" means a declaration by an individual before a 6
32+notarial officer that the individual has signed a record for the purpose 7
33+stated in the record and, if the record is signed in a representative 8
34+capacity, that the individual signed the record with proper authority 9
35+and signed it as the act of the individual or entity identified in the 10
36+record. 11
37+(2) "Electronic" means relating to technology having electrical, digital, 12
38+magnetic, wireless, optical, electromagnetic or similar capabilities. 13 Raised Bill No. 6604
3639
3740
38-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06604-
39-R01-HB.docx }
40-2 of 4
4141
42-be made and retained by the notary public for not less than ten years; 19
43-(3) The individual seeking the signatory act shall affirmatively 20
44-represent using the electronic device or process that he or she is 21
45-physically situated in this state; 22
46-(4) The individual seeking the signatory act shall transmit by fax or 23
47-electronic means a legible copy of the signed document directly to the 24
48-notary public on the same date it was executed; 25
49-(5) The notary public may notarize the transmitted copy of the 26
50-document and transmit such copy to the individual seeking the 27
51-signatory act by fax or electronic means; and 28
52-(6) The notary public may repeat the notarization of the original 29
53-signed document as of the date of execution, provided the notary public 30
54-receives such original signed document, together with the electronically 31
55-notarized copy, within thirty days after the date of execution. 32
56-(b) Notwithstanding the provisions of subdivisions (1) to (6), 33
57-inclusive, of subsection (a) of this section, only an attorney admitted to 34
58-practice law in this state and in good standing may remotely administer 35
59-a self-proving affidavit to a will pursuant to section 45a-285 of the 36
60-general statutes or conduct a real estate closing as required under 37
61-section 51-88a of the general statutes. Any witnessing requirement for a 38
62-will may be satisfied remotely through the use of an electronic device or 39
63-process if it is completed under the supervision of a commissioner of the 40
64-Superior Court. The supervising commissioner shall certify that he or 41
65-she supervised the remote witnessing of the will. 42
66-(c) Notwithstanding any provision of the general statutes, no witness 43
67-shall be required for any document requiring a notarial act, other than a 44
68-will, as set forth in subsection (b) of this section. 45
69-(d) All remotely notarized documents pertaining to real property 46
70-shall be accepted for recording on the land records by all town clerks. A 47
71-one-page certification confirming the use of remote notarization 48 Substitute Bill No. 6604
42+LCO No. 4492 2 of 32
43+
44+(3) "Electronic signature" means an electronic symbol, sound or 14
45+process attached to or logically associated with a record and executed 15
46+or adopted by an individual with the intent to sign the record. 16
47+(4) "In a representative capacity" means acting as: 17
48+(A) An authorized officer, agent, partner, trustee or other 18
49+representative for a person other than an individual; 19
50+(B) A public officer, personal representative, guardian or other 20
51+representative, in the capacity stated in a record; 21
52+(C) An agent or attorney-in-fact for a principal; or 22
53+(D) An authorized representative of another in any other capacity. 23
54+(5) "Notarial act" means an act, whether performed with respect to a 24
55+tangible or electronic record, that a notarial officer may perform under 25
56+the law of this state. "Notarial Act" includes taking an acknowledgment, 26
57+administering an oath or affirmation, taking a verification on oath or 27
58+affirmation, witnessing or attesting a signature, certifying or attesting a 28
59+copy and noting a protest of a negotiable instrument. 29
60+(6) "Notarial officer" means a notary public or other individual 30
61+authorized to perform a notarial act. 31
62+(7) "Notary public" means an individual appointed to perform a 32
63+notarial act by the Secretary of the State. 33
64+(8) "Official stamp" means a physical image affixed to or embossed 34
65+on a tangible record or an electronic image attached to or logically 35
66+associated with an electronic record. 36
67+(9) "Person" means an individual, corporation, business trust, 37
68+statutory trust, estate, trust, partnership, limited liability company, 38
69+association, joint venture, public corporation, government or 39
70+governmental subdivision, agency or instrumentality or any other legal 40
71+or commercial entity. 41 Raised Bill No. 6604
7272
7373
74-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06604-
75-R01-HB.docx }
76-3 of 4
7774
78-procedures shall be attached to each remotely notarized document 49
79-submitted for recording on the land records in this state. 50
80-Sec. 2. (Effective from passage) (a) The chairpersons of the joint standing 51
81-committee of the General Assembly having cognizance of matters 52
82-relating to commerce shall convene a working group to examine and 53
83-make recommendations regarding whether to adopt the Revised 54
84-Uniform Law on Notarial Acts and whether remote notarial acts should 55
85-be permitted in connection with real estate and trusts and estates 56
86-transactions. 57
87-(b) Appointments to the working group shall include, but need not 58
88-be limited to, the Secretary of the State, or the Secretary's designee, a 59
89-representative from the General Assembly who is an attorney having 60
90-experience in real estate transactions, representatives from the joint 61
91-standing committees of the General Assembly having cognizance of 62
92-matters relating to commerce, government administration and the 63
93-judiciary, the Judicial Branch, the office of the Secretary of the State, the 64
94-Connecticut State Library, the Connecticut Town Clerks Association, the 65
95-Uniform Law Commission, state or regional bar associations, notary 66
96-associations and the title insurance industry and the mortgage industry. 67
97-All appointments to the working group shall be made not later than 68
98-thirty days after the effective date of this section. 69
99-(c) The Secretary of the State, or the Secretary's designee, and the 70
100-representative from the General Assembly who is an attorney having 71
101-experience in real estate transactions shall be the chairpersons of the 72
102-working group. The chairpersons of the working group shall schedule 73
103-the first meeting of the working group, which shall be held not later than 74
104-sixty days after the effective date of this section. The working group 75
105-shall meet at least monthly thereafter, until it submits its report 76
106-pursuant to subsection (d) of this section. 77
107-(d) Not later than January 1, 2022, the working group shall submit a 78
108-report on its findings and recommendations pursuant to subsection (a) 79
109-of this section to the joint standing committees of the General Assembly 80 Substitute Bill No. 6604
75+LCO No. 4492 3 of 32
76+
77+(10) "Record" means information that is inscribed on a tangible 42
78+medium or that is stored in an electronic or other medium and is 43
79+retrievable in perceivable form. 44
80+(11) "Sign" means, with present intent to authenticate or adopt a 45
81+record: 46
82+(A) To execute or adopt a tangible symbol; or 47
83+(B) To attach to or logically associate with the record an electronic 48
84+symbol, sound or process. 49
85+(12) "Signature" means a tangible symbol or an electronic signature 50
86+that evidences the signing of a record. 51
87+(13) "Stamping device" means: 52
88+(A) A physical device capable of affixing to or embossing on a 53
89+tangible record an official stamp; or 54
90+(B) An electronic device or process capable of attaching to or logically 55
91+associating with an electronic record an official stamp. 56
92+(14) "State" means a state of the United States, the District of 57
93+Columbia, Puerto Rico, the United States Virgin Islands or any territory 58
94+or insular possession subject to the jurisdiction of the United States. 59
95+(15) "Verification on oath or affirmation" means a declaration, made 60
96+by an individual on oath or affirmation before a notarial officer, that a 61
97+statement in a record is true. 62
98+Sec. 3. (NEW) (Effective October 1, 2021) Sections 1 to 32, inclusive, of 63
99+this act apply to a notarial act performed on or after October 1, 2021. 64
100+Sec. 4. (NEW) (Effective October 1, 2021) (a) A notarial officer may 65
101+perform a notarial act authorized by sections 1 to 32, inclusive, of this 66
102+act or by any other provision of the general statutes. 67
103+(b) A notarial officer may not perform a notarial act with respect to a 68 Raised Bill No. 6604
110104
111105
112-LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06604-
113-R01-HB.docx }
114-4 of 4
115106
116-having cognizance of matters relating to commerce, government 81
117-administration and the judiciary, in accordance with the provisions of 82
118-section 11-4a of the general statutes. The working group shall terminate 83
119-on the date that it submits such report or on January 1, 2022, whichever 84
120-is later. 85
107+LCO No. 4492 4 of 32
108+
109+record to which the officer or the officer's spouse is a party or in which 69
110+either of them has a direct beneficial interest. A notarial act performed 70
111+in violation of this subsection is voidable. 71
112+(c) A notarial officer may certify that a tangible copy of an electronic 72
113+record is an accurate copy of the electronic record. 73
114+Sec. 5. (NEW) (Effective October 1, 2021) (a) A notarial officer who 74
115+takes an acknowledgment of a record shall determine, from personal 75
116+knowledge or satisfactory evidence of the identity of the individual, that 76
117+the individual appearing before the officer and making the 77
118+acknowledgment has the identity claimed and that the signature on the 78
119+record is the signature of the individual. 79
120+(b) A notarial officer who takes a verification of a statement on oath 80
121+or affirmation shall determine, from personal knowledge or satisfactory 81
122+evidence of the identity of the individual, that the individual appearing 82
123+before the officer and making the verification has the identity claimed 83
124+and that the signature on the statement verified is the signature of the 84
125+individual. 85
126+(c) A notarial officer who witnesses or attests to a signature shall 86
127+determine, from personal knowledge or satisfactory evidence of the 87
128+identity of the individual, that the individual appearing before the 88
129+officer and signing the record has the identity claimed. 89
130+(d) A notarial officer who certifies or attests a copy of a record or an 90
131+item that was copied shall determine that the copy is a full, true and 91
132+accurate transcription or reproduction of the record or item. 92
133+(e) A notarial officer who makes or notes a protest of a negotiable 93
134+instrument shall determine the matters set forth in subsection (b) of 94
135+section 42a-3-505 of the general statutes. 95
136+Sec. 6. (NEW) (Effective October 1, 2021) Except as provided in section 96
137+15 of this act, if a notarial act relates to a statement made in or a signature 97
138+executed on a record, the individual making the statement or executing 98 Raised Bill No. 6604
139+
140+
141+
142+LCO No. 4492 5 of 32
143+
144+the signature shall appear personally before the notarial officer. 99
145+Sec. 7. (NEW) (Effective October 1, 2021) (a) A notarial officer has 100
146+personal knowledge of the identity of an individual appearing before 101
147+the officer if the individual is personally known to the officer through 102
148+dealings sufficient to provide reasonable certainty that the individual 103
149+has the identity claimed. 104
150+(b) A notarial officer has satisfactory evidence of the identity of an 105
151+individual appearing before the officer if the officer can identify the 106
152+individual: 107
153+(1) By means of: (A) A passport, driver's license or government-108
154+issued nondriver identification card that is current or expired not more 109
155+than six months before performance of the notarial act; or 110
156+(B) Another form of government identification issued to an 111
157+individual that is current or expired not more than six months before 112
158+performance of the notarial act, contains the signature or a photograph 113
159+of the individual and is satisfactory to the officer; or 114
160+(2) By a verification on oath or affirmation of a credible witness 115
161+personally appearing before the notarial officer and known to such 116
162+officer or whom such officer can identify on the basis of a passport, 117
163+driver's license or government-issued nondriver identification card that 118
164+is current or expired not more than six months before performance of 119
165+the notarial act. 120
166+(c) A notarial officer may require an individual to provide additional 121
167+information or identification credentials necessary to assure the officer 122
168+of the identity of the individual. 123
169+Sec. 8. (NEW) (Effective October 1, 2021) (a) A notarial officer may 124
170+refuse to perform a notarial act if the officer is not satisfied that: 125
171+(1) The individual executing the record is competent or has the 126
172+capacity to execute the record; or 127 Raised Bill No. 6604
173+
174+
175+
176+LCO No. 4492 6 of 32
177+
178+(2) The individual's signature is knowingly and voluntarily made. 128
179+(b) A notarial officer may refuse to perform a notarial act unless 129
180+refusal is prohibited by any other provision of the general statutes. 130
181+Sec. 9. (NEW) (Effective October 1, 2021) If an individual is physically 131
182+unable to sign a record, the individual may direct an individual other 132
183+than the notarial officer to sign the individual's name on the record. The 133
184+notarial officer shall insert the phrase "Signature affixed by (name of 134
185+other individual) at the direction of (name of individual)" or words of 135
186+similar import. 136
187+Sec. 10. (NEW) (Effective October 1, 2021) (a) A notarial act may be 137
188+performed in this state by: 138
189+(1) A notary public of this state; 139
190+(2) A judge, clerk or deputy clerk of the Superior Court or a Probate 140
191+Court of this state or a family support magistrate; 141
192+(3) An individual licensed to practice law in this state; 142
193+(4) A town clerk; 143
194+(5) A justice of the peace; or 144
195+(6) Any other individual authorized to perform the specific act by the 145
196+law of this state. 146
197+(b) The signature and title of an individual performing a notarial act 147
198+in this state are prima facie evidence that the signature is genuine and 148
199+that the individual holds the designated title. 149
200+(c) The signature and title of a notarial officer described in 150
201+subdivisions (1), (2) and (3) of subsection (a) of this section conclusively 151
202+establish the authority of the officer to perform the notarial act. 152
203+Sec. 11. (NEW) (Effective October 1, 2021) (a) A notarial act performed 153
204+in another state has the same effect under the law of this state as if 154 Raised Bill No. 6604
205+
206+
207+
208+LCO No. 4492 7 of 32
209+
210+performed by a notarial officer of this state, if the act performed in that 155
211+state is performed by: 156
212+(1) A notary public of that state; 157
213+(2) A judge, clerk or deputy clerk of a court of that state; or 158
214+(3) Any other individual authorized by the law of that state to 159
215+perform the notarial act. 160
216+(b) The signature and title of an individual performing a notarial act 161
217+in another state are prima facie evidence that the signature is genuine 162
218+and that the individual holds the designated title. 163
219+(c) The signature and title of a notarial officer described in 164
220+subdivision (1) or (2) of subsection (a) of this section conclusively 165
221+establish the authority of the officer to perform the notarial act. 166
222+Sec. 12. (NEW) (Effective October 1, 2021) (a) A notarial act performed 167
223+under the authority and in the jurisdiction of a federally recognized 168
224+Indian tribe has the same effect as if performed by a notarial officer of 169
225+this state if the act performed in the jurisdiction of the tribe is performed 170
226+by: 171
227+(1) A notary public of the tribe; 172
228+(2) A judge, clerk or deputy clerk of a court of the tribe; or 173
229+(3) Any other individual authorized by the law of the tribe to perform 174
230+the notarial act. 175
231+(b) The signature and title of an individual performing a notarial act 176
232+under the authority of and in the jurisdiction of a federally recognized 177
233+Indian tribe are prima facie evidence that the signature is genuine and 178
234+that the individual holds the designated title. 179
235+(c) The signature and title of a notarial officer described in 180
236+subdivision (1) or (2) of subsection (a) of this section conclusively 181
237+establish the authority of the officer to perform the notarial act. 182 Raised Bill No. 6604
238+
239+
240+
241+LCO No. 4492 8 of 32
242+
243+Sec. 13. (NEW) (Effective October 1, 2021) (a) A notarial act performed 183
244+under federal law has the same effect under the law of this state as if 184
245+performed by a notarial officer of this state if the act performed under 185
246+federal law is performed by: 186
247+(1) A judge, clerk or deputy clerk of a court; 187
248+(2) An individual in military service or performing duties under the 188
249+authority of military service who is authorized to perform notarial acts 189
250+under federal law; 190
251+(3) An individual designated a notarizing officer by the United States 191
252+Department of State for performing notarial acts overseas; or 192
253+(4) Any other individual authorized by federal law to perform the 193
254+notarial act. 194
255+(b) The signature and title of an individual acting under federal 195
256+authority and performing a notarial act are prima facie evidence that the 196
257+signature is genuine and that the individual holds the designated title. 197
258+(c) The signature and title of an officer described in subdivision (1), 198
259+(2) or (3) of subsection (a) of this section conclusively establish the 199
260+authority of the officer to perform the notarial act. 200
261+Sec. 14. (NEW) (Effective October 1, 2021) (a) In this section, "foreign 201
262+state" means a government other than the United States, a state or a 202
263+federally recognized Indian tribe. 203
264+(b) If a notarial act is performed under authority and in the 204
265+jurisdiction of a foreign state or constituent unit of the foreign state or is 205
266+performed under the authority of a multinational or international 206
267+governmental organization, the act has the same effect under the law of 207
268+this state as if performed by a notarial officer of this state. 208
269+(c) If the title of office and indication of authority to perform notarial 209
270+acts in a foreign state appears in a digest of foreign law or in a list 210
271+customarily used as a source for that information, the authority of an 211 Raised Bill No. 6604
272+
273+
274+
275+LCO No. 4492 9 of 32
276+
277+officer with that title to perform notarial acts is conclusively established. 212
278+(d) The signature and official stamp of an individual holding an office 213
279+described in subsection (c) of this section are prima facie evidence that 214
280+the signature is genuine and the individual holds the designated title. 215
281+(e) An apostille in the form prescribed by the Hague Convention of 216
282+October 5, 1961, and issued by a foreign state party to the Convention 217
283+conclusively establishes that the signature of the notarial officer is 218
284+genuine and that the officer holds the indicated office. 219
285+(f) A consular authentication issued by an individual designated by 220
286+the United States Department of State as a notarizing officer for 221
287+performing notarial acts overseas and attached to the record with 222
288+respect to which the notarial act is performed conclusively establishes 223
289+that the signature of the notarial officer is genuine and that the officer 224
290+holds the indicated office. 225
291+Sec. 15. (NEW) (Effective October 1, 2021) (a) As used in this section: 226
292+(1) "Communication technology" means an electronic device or 227
293+process that: 228
294+(A) Allows a notary public and a remotely located individual to 229
295+communicate with each other simultaneously by sight and sound; and 230
296+(B) When necessary and consistent with other applicable law, 231
297+facilitates communication with a remotely located individual who has a 232
298+vision, hearing or speech impairment. 233
299+(2) "Foreign state" means a jurisdiction other than the United States, 234
300+a state or a federally recognized Indian tribe. 235
301+(3) "Identity proofing" means a process or service by which a third 236
302+person provides a notary public with a means to verify the identity of a 237
303+remotely located individual by a review of personal information from 238
304+public or private data sources. 239 Raised Bill No. 6604
305+
306+
307+
308+LCO No. 4492 10 of 32
309+
310+(4) "Outside the United States" means a location outside the 240
311+geographic boundaries of the United States, Puerto Rico, the United 241
312+States Virgin Islands and any territory, insular possession or other 242
313+location subject to the jurisdiction of the United States. 243
314+(5) "Remotely located individual" means an individual who is not in 244
315+the physical presence of the notary public who performs a notarial act 245
316+under subsection (c) of this section. 246
317+(b) A remotely located individual may comply with section 6 of this 247
318+act by using communication technology to appear before a notarial 248
319+officer. 249
320+(c) A notarial officer located in this state may perform a notarial act 250
321+using communication technology for a remotely located individual if: 251
322+(1) The notarial officer: 252
323+(A) Has personal knowledge under subsection (a) of section 7 of this 253
324+act of the identity of the individual; 254
325+(B) Has satisfactory evidence of the identity of the remotely located 255
326+individual by oath or affirmation from a credible witness appearing 256
327+before the notary public under subsection (b) of section 7 of this act or 257
328+this section; or 258
329+(C) Has obtained satisfactory evidence of the identity of the remotely 259
330+located individual by using at least two different types of identity 260
331+proofing; 261
332+(2) The notarial officer confirms that a record before the notarial 262
333+officer is the same record that the remotely located individual executes 263
334+remotely before the notarial officer by communication technology; 264
335+(3) The notarial officer, or a person acting on behalf of the notarial 265
336+officer, creates an audio-visual recording of the performance of the 266
337+notarial act; and 267 Raised Bill No. 6604
338+
339+
340+
341+LCO No. 4492 11 of 32
342+
343+(4) For a remotely located individual located outside the United 268
344+States: 269
345+(A) The record: 270
346+(i) Is to be filed with or relates to a matter before a public official or 271
347+court, governmental entity or other entity subject to the jurisdiction of 272
348+the United States; or 273
349+(ii) Involves property located in the territorial jurisdiction of the 274
350+United States or involves a transaction substantially connected with the 275
351+United States; and 276
352+(B) The act of making the statement or signing the record is not 277
353+prohibited by the foreign state in which the remotely located individual 278
354+is located. 279
355+(d) If a notarial act is performed under this section, the certificate of 280
356+notarial act required by section 16 of this act and the short-form 281
357+certificate provided in section 17 of this act shall indicate that the 282
358+notarial act was performed using communication technology. 283
359+(e) A short-form certificate provided in section 17 of this act for a 284
360+notarial act subject to this section is sufficient if it: 285
361+(1) Complies with regulations adopted under subdivision (1) of 286
362+subsection (h) of this section; or 287
363+(2) Is in the form provided in section 17 of this act and contains a 288
364+statement substantially as follows: "This notarial act involved the use of 289
365+communication technology." 290
366+(f) A notarial officer, a guardian, conservator or agent of a notarial 291
367+officer or a personal representative of a deceased notarial officer shall 292
368+retain the audio-visual recording created under subdivision (3) of 293
369+subsection (c) of this section or cause the recording to be retained by a 294
370+repository designated by or on behalf of the person required to retain 295
371+the recording. Unless a different period is required by regulation 296 Raised Bill No. 6604
372+
373+
374+
375+LCO No. 4492 12 of 32
376+
377+adopted under subdivision (4) of subsection (h) of this section, the 297
378+recording shall be retained for a period of at least ten years after the 298
379+recording is made. 299
380+(g) Before a notary public performs the notarial public's initial 300
381+notarial act under this section, the notary public shall notify the 301
382+Secretary of the State that the notary public will be performing notarial 302
383+acts with respect to remotely located individuals and identify the 303
384+technologies the notary public intends to use. A notary public or notarial 304
385+officer shall not perform a notarial act with respect to a remotely located 305
386+individual using any technology that has not been approved by the 306
387+Secretary of the State pursuant to subsection (h) of this section and any 307
388+applicable regulations. Use of unapproved technology by a notary 308
389+public shall be grounds to deny, refuse to renew, suspend or impose a 309
390+condition on a notarial officer's commission in accordance with section 310
391+23 of this act. Use of unapproved technology by a notarial officer other 311
392+than a notary public may constitute grounds for discipline of such 312
393+notarial officer by the applicable body having jurisdiction over such 313
394+notarial officer. 314
395+(h) The Secretary of the State shall adopt regulations, in accordance 315
396+with chapter 54 of the general statutes, under this section regarding 316
397+performance of a notarial act. The regulations shall: 317
398+(1) Prescribe the means of performing a notarial act involving a 318
399+remotely located individual using communication technology; 319
400+(2) Establish standards for communication technology and identity 320
401+proofing; 321
402+(3) Establish requirements or procedures to approve providers of 322
403+communication technology and the process of identity proofing; and 323
404+(4) Establish standards and a period for the retention of an audio-324
405+visual recording created under subdivision (3) of subsection (c) of this 325
406+section. 326 Raised Bill No. 6604
407+
408+
409+
410+LCO No. 4492 13 of 32
411+
412+(i) Before adopting, amending or repealing a regulation governing 327
413+performance of a notarial act with respect to a remotely located 328
414+individual, the Secretary of the State shall consider: 329
415+(1) The most recent standards regarding the performance of a notarial 330
416+act with respect to a remotely located individual promulgated by 331
417+national standard-setting organizations and the recommendations of 332
418+the National Association of Secretaries of State; 333
419+(2) Standards, practices and customs of other jurisdictions that have 334
420+laws substantially similar to this section; and 335
421+(3) The views of governmental officials and entities and other 336
422+interested persons. 337
423+(j) A notarial officer located in this state shall not perform a notarial 338
424+act using communication technology for a remotely located individual 339
425+if such notarial act is connected with a real estate transaction or the 340
426+making or execution of a will or codicil. 341
427+Sec. 16. (NEW) (Effective October 1, 2021) (a) A notarial act shall be 342
428+evidenced by a certificate that shall: 343
429+(1) Be executed contemporaneously with the performance of the 344
430+notarial act; 345
431+(2) Be signed and dated by the notarial officer and, if the notarial 346
432+officer is a notary public, be signed in the same manner as on file with 347
433+the Secretary of the State; 348
434+(3) Identify the jurisdiction in which the notarial act is performed; 349
435+(4) Contain the title of office of the notarial officer; and 350
436+(5) If the notarial officer is a notary public, indicate the date of 351
437+expiration, if any, of the officer's appointment. 352
438+(b) If a notarial act regarding a tangible record is performed by a 353
439+notary public, an official stamp shall be affixed to or embossed on the 354 Raised Bill No. 6604
440+
441+
442+
443+LCO No. 4492 14 of 32
444+
445+certificate. If a notarial act is performed regarding a tangible record by 355
446+a notarial officer other than a notary public and the certificate contains 356
447+the information specified in subdivisions (2) to (4), inclusive, of 357
448+subsection (a) of this section, an official stamp may be affixed to or 358
449+embossed on the certificate. If a notarial act regarding an electronic 359
450+record is performed by a notarial officer and the certificate contains the 360
451+information specified in subdivisions (2) to (4), inclusive, of subsection 361
452+(a) of this section, an official stamp may be attached to or logically 362
453+associated with the certificate. 363
454+(c) A certificate of a notarial act is sufficient if it meets the 364
455+requirements of subsections (a) and (b) of this section and: 365
456+(1) Is in a short form set forth in section 17 of this act; 366
457+(2) Is in a form otherwise permitted by the law of this state; 367
458+(3) Is in a form permitted by the law applicable in the jurisdiction in 368
459+which the notarial act was performed; or 369
460+(4) Sets forth the actions of the notarial officer and the actions are 370
461+sufficient to meet the requirements of the notarial act as provided in 371
462+sections 5 to 7, inclusive, of this act or any other provision of the general 372
463+statutes. 373
464+(d) By executing a certificate of a notarial act, a notarial officer 374
465+certifies that the officer has complied with the requirements and made 375
466+the determinations specified in sections 4 to 6, inclusive, of this act. 376
467+(e) A notarial officer may not affix the officer's signature to, or 377
468+logically associate it with, a certificate until the notarial act has been 378
469+performed. 379
470+(f) If a notarial act is performed regarding a tangible record, a 380
471+certificate shall be part of, or securely attached to, the record. If a notarial 381
472+act is performed regarding an electronic record, the certificate shall be 382
473+affixed to, or logically associated with, the electronic record. If the 383
474+Secretary of the State has established standards pursuant to section 27 384 Raised Bill No. 6604
475+
476+
477+
478+LCO No. 4492 15 of 32
479+
480+of this act for attaching, affixing or logically associating the certificate, 385
481+the process shall conform to such standards. 386
482+Sec. 17. (NEW) (Effective October 1, 2021) The following short-form 387
483+certificates of notarial acts are sufficient for the purposes indicated, if 388
484+completed with the information required by subsections (a) and (b) of 389
485+section 16 of this act: 390
486+(1) For an acknowledgment in an individual capacity: 391
487+State of .... 392
488+County of .... 393
489+This record was acknowledged before me on ____ by ________________ 394
490+Date Name(s) of individual(s) 395
491+__________________________________ 396
492+Signature of notarial officer 397
493+Stamp 398
494+__________________________________ 399
495+Title of office 400
496+My appointment expires: _________ 401
497+(2) For an acknowledgment in a representative capacity: 402
498+State of .... 403
499+County of .... 404
500+This record was acknowledged before me on ____ by ________________ 405
501+Date Name(s) of individual(s) 406
502+as (type of authority, such as officer or trustee) of (name of party on 407 Raised Bill No. 6604
503+
504+
505+
506+LCO No. 4492 16 of 32
507+
508+behalf of whom record was executed). 408
509+__________________________________ 409
510+Signature of notarial officer 410
511+Stamp 411
512+__________________________________ 412
513+Title of office 413
514+My appointment expires: _________ 414
515+(3) For a verification on oath or affirmation: 415
516+State of .... 416
517+County of .... 417
518+Signed and sworn to (or affirmed) before me on ____ by 418
519+_______________ 419
520+Date Name(s) of individual(s) making statement 420
521+__________________________________ 421
522+Signature of notarial officer 422
523+Stamp 423
524+__________________________________ 424
525+Title of office 425
526+My appointment expires: _________ 426
527+(4) For witnessing or attesting a signature: 427
528+State of .... 428
529+County of .... 429 Raised Bill No. 6604
530+
531+
532+
533+LCO No. 4492 17 of 32
534+
535+Signed (or attested) before me on ________ by _____________________ 430
536+Date Name(s) of individual(s) 431
537+__________________________________ 432
538+Signature of notarial officer 433
539+Stamp 434
540+__________________________________ 435
541+Title of office 436
542+My appointment expires: _________ 437
543+(5) For certifying a copy of a record: 438
544+State of .... 439
545+County of .... 440
546+I certify that this is a true and correct copy of a record in the possession 441
547+of ________________________________________. 442
548+Dated ___________________________ 443
549+_________________________________ 444
550+Signature of notarial officer 445
551+Stamp 446
552+__________________________________ 447
553+Title of office 448
554+My appointment expires: ___________ 449
555+Sec. 18. (NEW) (Effective October 1, 2021) The official stamp of a notary 450
556+public shall: 451 Raised Bill No. 6604
557+
558+
559+
560+LCO No. 4492 18 of 32
561+
562+(1) Include the notary public's name, jurisdiction, appointment 452
563+expiration date and other information required by the Secretary of the 453
564+State; and 454
565+(2) Be capable of being copied together with the record to which it is 455
566+affixed or attached or with which it is logically associated. 456
567+Sec. 19. (NEW) (Effective October 1, 2021) (a) A notary public is 457
568+responsible for the security of the notary public's stamping device and 458
569+may not allow another individual to use the device to perform a notarial 459
570+act. On resignation from, or the revocation or expiration of, the notary 460
571+public's appointment, or on the expiration of the date set forth in the 461
572+stamping device, if any, the notary public shall disable the stamping 462
573+device by destroying, defacing, damaging, erasing or securing it against 463
574+use in a manner that renders it unusable. On the death or adjudication 464
575+of incompetency of a notary public, the notary public's personal 465
576+representative or guardian or any other person knowingly in possession 466
577+of the stamping device shall render it unusable by destroying, defacing, 467
578+damaging, erasing or securing it against use in a manner that renders it 468
579+unusable. 469
580+(b) If a notary public's stamping device is lost or stolen, the notary 470
581+public or the notary public's personal representative or guardian shall 471
582+notify promptly by mail or electronic mail the Secretary of the State on 472
583+discovering that the device is lost or stolen. 473
584+Sec. 20. (NEW) (Effective October 1, 2021) (a) A notary public may 474
585+select one or more tamper-evident technologies to perform notarial acts 475
586+with respect to electronic records. A person may not require a notary 476
587+public to perform a notarial act with respect to an electronic record with 477
588+a technology that the notary public has not selected. 478
589+(b) Before a notary public performs the notary public's initial notarial 479
590+act with respect to an electronic record, a notary public shall notify the 480
591+Secretary of the State that the notary public will be performing notarial 481
592+acts with respect to electronic records and identify the technology the 482
593+notary public intends to use. If the Secretary of the State has established 483 Raised Bill No. 6604
594+
595+
596+
597+LCO No. 4492 19 of 32
598+
599+standards for approval of technology pursuant to section 27 of this act, 484
600+the technology shall conform to the standards. If the technology 485
601+conforms to the standards, the Secretary of the State shall approve the 486
602+use of the technology. 487
603+(c) A town clerk shall accept for recording a tangible copy of an 488
604+electronic record containing a notarial certificate as satisfying any 489
605+requirement that a record accepted for recording be an original, if the 490
606+same notarial officer executing the notarial certificate contained on the 491
607+record certifies that the tangible copy is an accurate copy of the 492
608+electronic record. Such recording shall attach a declaration of 493
609+authenticity as follows: 494
610+DECLARATION OF AUTHENTICITY 495
611+State of .... 496
612+County of .... 497
613+The attached document, (insert title), dated (insert date) and 498
614+containing (insert number of pages) pages, is a true and correct copy of 499
615+an electronic record printed by me or under my supervision. At the time 500
616+of printing, no security features present on the electronic record 501
617+indicated any changes or errors in an electronic signature or other 502
618+information in the electronic record after the electronic record's creation 503
619+or execution. 504
620+This declaration is made under penalty of perjury. 505
621+Signed this ___ day of _________, ____. 506
622+_________________________________ 507
623+Signature of notarial officer 508
624+Stamp 509
625+__________________________________ 510 Raised Bill No. 6604
626+
627+
628+
629+LCO No. 4492 20 of 32
630+
631+Title of office 511
632+My appointment expires: ___________ 512
633+Sec. 21. (NEW) (Effective October 1, 2021) (a) An individual qualified 513
634+under subsection (b) of this section may apply to the Secretary of the 514
635+State for an appointment as a notary public. The applicant shall comply 515
636+with and provide the information required by regulations adopted by 516
637+the Secretary of the State and pay any application fee. 517
638+(b) An applicant for an appointment as a notary public shall: 518
639+(1) Be at least eighteen years of age; 519
640+(2) Be a citizen or permanent legal resident of the United States; 520
641+(3) Be a resident of or have a place of employment or practice in this 521
642+state; 522
643+(4) Be able to read and write English; 523
644+(5) Not be disqualified to receive an appointment under section 23 of 524
645+this act; and 525
646+(6) Have passed the examination required under subsection (a) of 526
647+section 22 of this act. 527
648+(c) Before issuance of an appointment as a notary public, an applicant 528
649+for the appointment shall execute an oath of office and submit it to the 529
650+Secretary of the State. 530
651+(d) On compliance with this section, the Secretary of the State shall 531
652+issue an appointment as a notary public to an applicant for a term of five 532
653+years. 533
654+(e) An appointment to act as a notary public authorizes the notary 534
655+public to perform notarial acts. The appointment does not provide the 535
656+notary public any immunity or benefit conferred by the law of this state 536
657+on public officials or employees. 537 Raised Bill No. 6604
658+
659+
660+
661+LCO No. 4492 21 of 32
662+
663+Sec. 22. (NEW) (Effective October 1, 2021) The Secretary of the State or 538
664+an entity approved by the Secretary of the State shall offer regularly a 539
665+course of study to applicants who do not hold commissions as notaries 540
666+public in this state, including notaries public seeking renewal or 541
667+reinstatement of a notary commission. The course shall cover the laws, 542
668+regulations, procedures and ethics relevant to notarial acts. The 543
669+Secretary of the State may make successful completion of such course of 544
670+study mandatory for applicants for a notary commission or for renewal 545
671+or reinstatement of a notary commission. 546
672+Sec. 23. (NEW) (Effective October 1, 2021) (a) The Secretary of the State 547
673+may deny, refuse to renew, revoke, suspend or impose a condition on 548
674+an appointment as notary public for any act or omission that 549
675+demonstrates the individual lacks the honesty, integrity, competence or 550
676+reliability to act as a notary public, including: 551
677+(1) Failure to comply with any provision of sections 1 to 32, inclusive, 552
678+of this act; 553
679+(2) A fraudulent, dishonest or deceitful misstatement or omission in 554
680+the application for an appointment as a notary public submitted to the 555
681+Secretary of the State; 556
682+(3) A conviction of the applicant or notary public of any felony or a 557
683+crime involving fraud, dishonesty or deceit; 558
684+(4) A finding against, or admission of liability by, the applicant or 559
685+notary public in any legal proceeding or disciplinary action based on the 560
686+applicant's or notary public's fraud, dishonesty or deceit; 561
687+(5) Failure by the notary public to discharge any duty required of a 562
688+notary public, whether by any provision of sections 1 to 32, inclusive, of 563
689+this act, regulations of the Secretary of the State or any federal or state 564
690+law; 565
691+(6) Use of false or misleading advertising or representation by the 566
692+notary public representing that the notary has a duty, right or privilege 567 Raised Bill No. 6604
693+
694+
695+
696+LCO No. 4492 22 of 32
697+
698+that the notary does not have; 568
699+(7) Violation by the notary public of a regulation of the Secretary of 569
700+the State regarding a notary public; 570
701+(8) Denial, refusal to renew, revocation, suspension or conditioning 571
702+of a notary public appointment in another state; or 572
703+(9) Any violation of subsection (g) of section 15 of this act regarding 573
704+the use of remote notary technology. 574
705+(b) In making a determination to deny, refuse to renew, revoke, 575
706+suspend or impose a condition on a commission as notary public 576
707+pursuant to subdivision (3) of subsection (a) of this section, the Secretary 577
708+of the State shall consider (1) the nature and number of relevant 578
709+convictions, (2) the recency of the convictions, (3) whether the 579
710+application has successfully completed the conditions of conviction, 580
711+including imprisonment, probation or parole, and (4) if a felony, 581
712+whether the crime involved fraud, deceit of dishonesty. The Secretary 582
713+of the State shall not deny, refuse to renew, revoke, suspend or impose 583
714+a condition on a commission as notary public on the basis of criminal 584
715+conviction if the Secretary of the State finds, based on the totality of the 585
716+circumstances, that the applicant possesses the character and fitness 586
717+necessary to perform the duties of a notary public in a manner consistent 587
718+with the law. The Secretary of the State shall inform all applicants that 588
719+criminal convictions that have been expunged, pardoned or otherwise 589
720+erased pursuant to law need not be disclosed to the Secretary of the 590
721+State. 591
722+(c) If the Secretary of the State denies, refuses to renew, revokes, 592
723+suspends or imposes conditions on an appointment as a notary public, 593
724+the applicant or notary public is entitled to timely notice and hearing in 594
725+accordance with chapter 54 of the general statutes. 595
726+(d) The authority of the Secretary of the State to deny, refuse to renew, 596
727+suspend, revoke or impose conditions on an appointment as a notary 597
728+public does not prevent a person from seeking and obtaining other 598 Raised Bill No. 6604
729+
730+
731+
732+LCO No. 4492 23 of 32
733+
734+criminal or civil remedies provided by law. 599
735+Sec. 24. (NEW) (Effective October 1, 2021) The Secretary of the State 600
736+shall maintain an electronic database of notaries public: 601
737+(1) Through which a person may verify the authority of a notary 602
738+public to perform notarial acts; and 603
739+(2) Which indicates whether a notary public has notified the Secretary 604
740+of the State that the notary public will be performing notarial acts on 605
741+electronic records. 606
742+Sec. 25. (NEW) (Effective October 1, 2021) (a) An appointment as a 607
743+notary public does not authorize an individual to: 608
744+(1) Assist persons in drafting legal records, conduct a real estate 609
745+closing, give legal advice or otherwise practice law; 610
746+(2) Act as an immigration consultant or an expert on immigration 611
747+matters; 612
748+(3) Represent a person in a judicial or administrative proceeding 613
749+relating to immigration to the United States, United States citizenship or 614
750+related matters; or 615
751+(4) Receive compensation for performing any of the activities listed 616
752+in subdivisions (1) to (3), inclusive, of this subsection. 617
753+(b) A notary public may not engage in false or deceptive advertising. 618
754+(c) A notary public, other than an attorney licensed to practice law in 619
755+this state, may not use the term "notario" or "notario publico". 620
756+(d) A notary public, other than an attorney licensed to practice law in 621
757+this state, may not advertise or represent that the notary public may 622
758+assist persons in drafting legal records, give legal advice, conduct a real 623
759+estate closing or otherwise practice law. If a notary public who is not an 624
760+attorney licensed to practice law in this state in any manner advertises 625
761+or represents that the notary public offers notarial services, whether 626 Raised Bill No. 6604
762+
763+
764+
765+LCO No. 4492 24 of 32
766+
767+orally or in a record, including broadcast media, print media and the 627
768+Internet, the notary public shall include the following statement, or an 628
769+alternate statement authorized or required by the Secretary of the State, 629
770+in the advertisement or representation, prominently and in each 630
771+language used in the advertisement or representation: "I am not an 631
772+attorney licensed to practice law in this state. I am not allowed to draft 632
773+legal records, give advice on legal matters, including immigration, or 633
774+charge a fee for those activities". If the form of advertisement or 634
775+representation is not broadcast media, print media or the Internet and 635
776+does not permit inclusion of the statement required by this subsection 636
777+because of size, it shall be displayed prominently or provided at the 637
778+place of performance of the notarial act before the notarial act is 638
779+performed. 639
780+(e) Except as otherwise allowed by law, a notary public may not 640
781+withhold access to or possession of an original record provided by a 641
782+person that seeks performance of a notarial act by the notary public. 642
783+Sec. 26. (NEW) (Effective October 1, 2021) Except as otherwise 643
784+provided in subsection (b) of section 4 of this act, the failure of a notarial 644
785+officer to perform a duty or meet a requirement specified in sections 1 645
786+to 32, inclusive, of this act does not invalidate a notarial act performed 646
787+by the notarial officer. The validity of a notarial act under sections 1 to 647
788+32, inclusive, of this act does not prevent an aggrieved person from 648
789+seeking to invalidate the record or transaction that is the subject of the 649
790+notarial act or from seeking other remedies based on any other provision 650
791+of the general statutes or the law of the United States. This section does 651
792+not validate a purported notarial act performed by an individual who 652
793+does not have the authority to perform notarial acts. 653
794+Sec. 27. (NEW) (Effective October 1, 2021) (a) The Secretary of the State 654
795+may adopt regulations, in accordance with chapter 54 of the general 655
796+statutes, to implement the provisions of sections 1 to 32, inclusive, of this 656
797+act. Regulations adopted regarding the performance of notarial acts 657
798+with respect to electronic records may not require, or accord greater 658
799+legal status or effect to, the implementation or application of a specific 659 Raised Bill No. 6604
800+
801+
802+
803+LCO No. 4492 25 of 32
804+
805+technology or technical specification. The regulations may: 660
806+(1) Prescribe the manner of performing notarial acts regarding 661
807+tangible and electronic records; 662
808+(2) Include provisions to ensure that any change to or tampering with 663
809+a record bearing a certificate of a notarial act is self-evident; 664
810+(3) Include provisions to ensure integrity in the creation, transmittal, 665
811+storage or authentication of electronic records or signatures; 666
812+(4) Prescribe the process of granting, renewing, conditioning, 667
813+denying, suspending or revoking a notary public appointment and 668
814+assuring the trustworthiness of an individual holding an appointment 669
815+as notary public; 670
816+(5) Include provisions to prevent fraud or mistake in the performance 671
817+of notarial acts; and 672
818+(6) Provide for the administration of the examination under 673
819+subsection (a) of section 22 of this act and the course of study under 674
820+subsection (b) of section 22 of this act. 675
821+(b) In adopting, amending or repealing regulations about notarial 676
822+acts with respect to electronic records, the Secretary of the State shall 677
823+consider, so far as is consistent with sections 1 to 32, inclusive, of this 678
824+act: 679
825+(1) The most recent standards regarding electronic records 680
826+promulgated by national bodies, such as the National Association of 681
827+Secretaries of State; 682
828+(2) Standards, practices and customs of other jurisdictions that 683
829+substantially enact the provisions of sections 1 to 32, inclusive, of this 684
830+act; and 685
831+(3) The views of governmental officials and entities and other 686
832+interested persons. 687 Raised Bill No. 6604
833+
834+
835+
836+LCO No. 4492 26 of 32
837+
838+Sec. 28. (NEW) (Effective October 1, 2021) The provisions of sections 1 688
839+to 32, inclusive, of this act do not affect the validity or effect of a notarial 689
840+act performed before October 1, 2021. 690
841+Sec. 29. (NEW) (Effective October 1, 2021) In applying and construing 691
842+the provisions of sections 1 to 32, inclusive, of this act, consideration 692
843+shall be given to the need to promote uniformity of the law with respect 693
844+to its subject matter among states that enact it. 694
845+Sec. 30. (NEW) (Effective October 1, 2021) Sections 1 to 32, inclusive, of 695
846+this act modify, limit and supersede the Electronic Signatures in Global 696
847+and National Commerce Act, 15 USC 7001 et seq., but do not modify, 697
848+limit or supersede Section 101(c) of that act, 15 USC 7001(c), or authorize 698
849+electronic delivery of any of the notices described in Section 103(b) of 699
850+that act, 15 USC 7003(b). 700
851+Sec. 31. Section 3-94b of the general statutes is repealed and the 701
852+following is substituted in lieu thereof (Effective October 1, 2021): 702
853+(a) [Except as provided in subsection (c) of this section, the] The 703
854+Secretary of the State may appoint as a notary public any qualified 704
855+person who submits an application in accordance with this section. 705
856+(b) In order to qualify for appointment as a notary public, a person 706
857+shall: 707
858+(1) Be eighteen years of age or older at the time of application; 708
859+(2) (A) Be a resident of the state of Connecticut at the time of 709
860+application and appointment, or (B) have one's principal place of 710
861+business in the state at the time of application and appointment; 711
862+(3) [Pass a written examination approved or administered by the 712
863+Secretary] Successfully complete a course of study in accordance with 713
864+section 22 of this act and any applicable regulations adopted by the 714
865+Secretary of the State; 715
866+(4) Submit an application [, on a form prescribed and provided by] to 716 Raised Bill No. 6604
867+
868+
869+
870+LCO No. 4492 27 of 32
871+
872+the Secretary. [, which the applicant shall complete in the applicant's 717
873+handwriting without misstatement or omission of fact.] The application 718
874+shall be accompanied by (A) a nonrefundable application fee [of one 719
875+hundred twenty dollars] in an amount prescribed by the Secretary, and 720
876+(B) [the recommendation] a certificate of reference, on a form prescribed 721
877+by the Secretary, of an individual who has personally known the 722
878+applicant for at least one year and is not legally related to the applicant. 723
879+The Secretary may require that such application be submitted online 724
880+and that the applicant provide identifying information, including, but 725
881+not limited to, a Social Security number or other unique personal 726
882+identifier. If the Secretary does not prescribe a nonrefundable 727
883+application fee by regulation, such fee shall be one hundred twenty 728
884+dollars. 729
885+[(c) The Secretary may deny an application based on: 730
886+(1) The applicant's conviction of a felony or a crime involving 731
887+dishonesty or moral turpitude; 732
888+(2) Revocation, suspension or restriction of a notary public 733
889+appointment or professional license issued to the applicant by this state 734
890+or any other state; or 735
891+(3) The applicant's official misconduct, whether or not any 736
892+disciplinary action has resulted.] 737
893+[(d)] (c) Upon approval of an application for appointment as a notary 738
894+public, the Secretary shall cause a certificate of appointment [bearing a 739
895+facsimile of the Secretary's signature and countersigned by the 740
896+Secretary's executive assistant or an employee designated by the 741
897+Secretary] in a format prescribed by the Secretary to be issued to such 742
898+appointee by electronic means. 743
899+[(e) A notary public may obtain a replacement certificate of 744
900+appointment by filing a written request with the Secretary, 745
901+accompanied by a nonrefundable fee of five dollars.] 746 Raised Bill No. 6604
902+
903+
904+
905+LCO No. 4492 28 of 32
906+
907+Sec. 32. Section 3-94c of the general statutes is repealed and the 747
908+following is substituted in lieu thereof (Effective October 1, 2021): 748
909+[(a)] A person appointed as a notary public by the Secretary of the 749
910+State may exercise the functions of the office of notary public at any 750
911+place within the state beginning on the date of such person's 751
912+appointment and ending five years later on the last day of the month of 752
913+appointment, unless (1) such appointment as a notary is suspended or 753
914+terminated by the Secretary before the end of such term, (2) the notary 754
915+resigns such appointment, or (3) the notary ceases to either be a resident 755
916+of the state or have one's principal place of business in the state. 756
917+[(b) The Secretary may, pursuant to regulations adopted in 757
918+accordance with the provisions of chapter 54, extend or reduce, by not 758
919+more than one year, the term of any person serving as a notary public 759
920+on October 1, 1990, who seeks reappointment after such date, in order 760
921+for the new term for each such notary to begin on the effective date of 761
922+the notary's reappointment. 762
923+(c) Within thirty days after receiving a certificate of appointment 763
924+from the Secretary, a notary public shall record, with the town clerk of 764
925+the municipality in the state in which the notary resides, or, if the notary 765
926+is not a resident of the state, with the town clerk of the municipality in 766
927+the state in which the notary's principal place of business is located, such 767
928+certificate and such notary's oath of office taken and subscribed to by 768
929+the notary before some proper authority. Any notary public who is a 769
930+resident of the state and whose principal place of business is in a 770
931+municipality within the state other than the municipality in which the 771
932+notary resides, may also record the notary's certificate of appointment 772
933+and oath of office with the town clerk of such other municipality. Town 773
934+clerks or assistant town clerks may certify to the authority and official 774
935+acts of any notary public whose certificate of appointment and oath of 775
936+office have been recorded in the books in their charge. The failure of a 776
937+notary public to so record such certificate of appointment and oath of 777
938+office shall not invalidate any notarial act performed by the notary after 778
939+the date of such person's appointment as a notary public.] 779 Raised Bill No. 6604
940+
941+
942+
943+LCO No. 4492 29 of 32
944+
945+Sec. 33. Section 3-94d of the general statutes is repealed and the 780
946+following is substituted in lieu thereof (Effective October 1, 2021): 781
947+(a) A notary public may apply for [reappointment on a form] a 782
948+renewal of such notary public's term of appointment in a format 783
949+prescribed and provided by the Secretary, accompanied by a 784
950+nonrefundable application fee [of sixty dollars, and shall otherwise 785
951+comply with all requirements for being appointed and serving as a 786
952+notary public] in an amount prescribed by the Secretary. [Not later than 787
953+ninety days before the expiration of the term of a notary public, the 788
954+Secretary shall send the notary a notice of the expiration and a 789
955+reappointment application form.] The Secretary shall notify a notary 790
956+public of the expiration of such notary public's term of appointment not 791
957+less than ninety days before the expiration of such notary public's term 792
958+of appointment by electronic means or by other appropriate method if 793
959+electronic communication is not feasible. Failure of the Secretary to 794
960+provide such notification shall not invalidate the expiration of a notary 795
961+public's term of appointment. If the Secretary does not prescribe a 796
962+nonrefundable application fee by regulation, such fee shall be sixty 797
963+dollars. 798
964+(b) The Secretary may provide a grace period for renewal of a notary 799
965+public's term of appointment of not more than ninety days after the 800
966+expiration of such notary public's term of appointment. A notary public 801
967+whose term of appointment has expired for more than ninety days shall 802
968+be deemed to have lapsed and may apply for reinstatement through a 803
969+method prescribed by the Secretary. The procedures applicable for a 804
970+reinstatement shall be consistent with the procedures described in 805
971+section 3-94b, as amended by this act. 806
972+(c) The Secretary may condition the renewal or reinstatement of a 807
973+notary public's term of appointment on such notary public's successful 808
974+completion of a course of study, as described in section 22 of this act. 809
975+(d) Each application for appointment as a notary public and for 810
976+renewal or reinstatement of a notary public's term of appointment shall 811 Raised Bill No. 6604
977+
978+
979+
980+LCO No. 4492 30 of 32
981+
982+be made under penalty of false statement and contain an affirmation by 812
983+the applicant that, if appointed, he or she will support the Constitution 813
984+of the United States and the Constitution of the state of Connecticut and 814
985+fairly discharge, according to law, the duties of the office of notary 815
986+public to the best of his or her abilities. 816
987+Sec. 34. Section 3-95 of the general statutes is repealed and the 817
988+following is substituted in lieu thereof (Effective October 1, 2021): 818
989+The fee for any act performed by a notary public in accordance with 819
990+the provisions of the general statutes shall not exceed five dollars, or any 820
991+rate prescribed by the Secretary, plus an additional [thirty-five cents] 821
992+rate for each mile of travel, as prescribed by the Secretary and not 822
993+exceeding the standard mileage rate for businesses as determined by the 823
994+Internal Revenue Service. 824
995+Sec. 35. Section 1-1e of the general statutes is repealed and the 825
996+following is substituted in lieu thereof (Effective October 1, 2021): 826
997+Nothing in sections 1-1d, 3-94b to [3-94e] 3-94d, inclusive, as 827
998+amended by this act, 7-6, 7-51, 7-53, 7-54, 7-172, 9-12, 10a-207, 14-14, 14-828
999+36, 14-40a, 14-41, 14-44, 14-61, 14-73, 14-214, 14-276, 17a-1, 17a-152, 17b-829
1000+75, 17b-81, 17b-223, 17b-745, 18-73, 18-87, 19a-512, 20-10, 20-130, 20-146, 830
1001+20-188, 20-213, 20-217, 20-236, 20-250, 20-252, 20-270, 20-291, 20-316, 20-831
1002+361, 20-590, 20-592, 26-38, 29-156a, 30-1, 30-45, 30-86a, 31-222, 38a-482, 832
1003+38a-609, 38a-633, 38a-786, 45a-263, 45a-502, 45a-504, 45a-606, 45a-754, 833
1004+46b-129, 46b-215, 52-572, 53-304, 53-330, 53a-70 or 53a-87 shall impair or 834
1005+affect any act done, offense committed or right accruing, accrued or 835
1006+acquired, or an obligation, liability, penalty, forfeiture or punishment 836
1007+incurred prior to October 1, 1972, and the same may be enjoyed, asserted 837
1008+and enforced, as fully and to the same extent and in the same manner as 838
1009+they might under the laws existing prior to said date, and all matters 839
1010+civil or criminal pending on said date or instituted thereafter for any act 840
1011+done, offense committed, right accruing, accrued or acquired, or 841
1012+obligation, liability, penalty, forfeiture or punishment incurred prior to 842
1013+said date may be continued or instituted under and in accordance with 843 Raised Bill No. 6604
1014+
1015+
1016+
1017+LCO No. 4492 31 of 32
1018+
1019+the provisions of the law in force at the time of the commission of such 844
1020+act done, offense committed, right accruing, accrued or acquired, or 845
1021+obligation, liability, penalty, forfeiture or punishment incurred. 846
1022+Sec. 36. Sections 3-94a, 3-94e to 3-94q, inclusive, and 3-95a of the 847
1023+general statutes are repealed. (Effective October 1, 2021) 848
1211024 This act shall take effect as follows and shall amend the following
1221025 sections:
1231026
124-Section 1 from passage New section
125-Sec. 2 from passage New section
1027+Section 1 October 1, 2021 New section
1028+Sec. 2 October 1, 2021 New section
1029+Sec. 3 October 1, 2021 New section
1030+Sec. 4 October 1, 2021 New section
1031+Sec. 5 October 1, 2021 New section
1032+Sec. 6 October 1, 2021 New section
1033+Sec. 7 October 1, 2021 New section
1034+Sec. 8 October 1, 2021 New section
1035+Sec. 9 October 1, 2021 New section
1036+Sec. 10 October 1, 2021 New section
1037+Sec. 11 October 1, 2021 New section
1038+Sec. 12 October 1, 2021 New section
1039+Sec. 13 October 1, 2021 New section
1040+Sec. 14 October 1, 2021 New section
1041+Sec. 15 October 1, 2021 New section
1042+Sec. 16 October 1, 2021 New section
1043+Sec. 17 October 1, 2021 New section
1044+Sec. 18 October 1, 2021 New section
1045+Sec. 19 October 1, 2021 New section
1046+Sec. 20 October 1, 2021 New section
1047+Sec. 21 October 1, 2021 New section
1048+Sec. 22 October 1, 2021 New section
1049+Sec. 23 October 1, 2021 New section
1050+Sec. 24 October 1, 2021 New section
1051+Sec. 25 October 1, 2021 New section
1052+Sec. 26 October 1, 2021 New section
1053+Sec. 27 October 1, 2021 New section
1054+Sec. 28 October 1, 2021 New section
1055+Sec. 29 October 1, 2021 New section
1056+Sec. 30 October 1, 2021 New section Raised Bill No. 6604
1261057
127-CE Joint Favorable Subst.
1058+
1059+
1060+LCO No. 4492 32 of 32
1061+
1062+Sec. 31 October 1, 2021 3-94b
1063+Sec. 32 October 1, 2021 3-94c
1064+Sec. 33 October 1, 2021 3-94d
1065+Sec. 34 October 1, 2021 3-95
1066+Sec. 35 October 1, 2021 1-1e
1067+Sec. 36 October 1, 2021 Repealer section
1068+
1069+Statement of Purpose:
1070+To adopt the Revised Uniform Law on Notarial Acts.
1071+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
1072+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
1073+underlined.]
1281074