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OLR Bill Analysis
SB 99 (File 211, as amended by Senate "A")*
AN ACT ESTABLISHING A WORKING GROUP TO STUDY REMOTE
NOTARIAL ACTS AND THE REVISED UNIFORM LAW ON
NOTARIAL ACTS.
TABLE OF CONTENTS:
SUMMARY
§ 1, 3 & 28-30 — TITLE AND APPLICABILITY
Entitles §§ 1-30 of the bill as the "Connecticut Revised Uniform Law on Notarial Acts
(2018)"; specifies that the bill applies to notarial acts on or after October 1, 2022
§ 2 — DEFINITIONS
Defines terms used in the bill
§§ 4 & 26 — AUTHORITY TO PERFORM NOTARIAL ACTS
Provides authority to perform notarial acts; prohibits certain acts for which the officer has
a conflict of interest
§§ 5 & 7 — REQUIREMENTS FOR CERTAIN NOTARIAL ACTS AND
IDENTITY VERIFICATION
Establishes requirements for certain notarial acts and identity verification requirements,
which are similar to those in current law
§ 6 — REQUIREMENT FOR PERSONAL APPEARANCE
Generally requires a personal appearance for a notarial act other than one performed
through remote notarization
§ 8 — REFUSAL TO PERFORM NOTARIAL ACT
Establishes conditions under which a notarial officer may refuse to perform a notarial act
§ 9 — SIGNATURE IF INDIVIDUAL IS UNABLE TO SIGN
Allows someone who is physically unable to sign a record to direct someone else (other
than the notarial officer) to sign his or her name on the record
§ 10 — NOTARIAL ACTS PERFORMED IN THE STATE
Specifies who may perform a notarial act in the state
§§ 11-13 — NOTARIAL ACTS PERFORMED OUT OF STATE, UNDER
FEDERAL LAW, OR UNDER TRIBAL JURISDICTION
Specifies when notarial acts performed out of state are valid in Connecticut
§ 14 — NOTARIAL ACTS PERFORMED UNDER THE JURISDICTION
OF A FOREIGN COUNTRY OR MULTINATIONAL ORGANIZATION
Specifies when notarial acts performed in a foreign country are valid in Connecticut 2022SB-00099-R01-BA.DOCX
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§§ 15, 35 & 36 — REMOTE NOTARIZATION
Authorizes remote notarization under specified conditions; subjects technology for remote
notarization to approval by SOTS; prohibits remote notarization for certain acts (e.g., real
estate closings)
§ 16 & 17 — CERTIFICATE OF NOTARIAL ACT
Prescribes requirements for certificates of notarial acts, including short-form certificates
§§ 18 & 19 — OFFICIAL STAMP AND DEVICE FOR NOTARIES
Establishes certain requirements for stamping devices
§ 20 — NOTARY TECHNOLOGY FOR ELECTRONIC RECORDS
Establishes technology requirements for notarizing electronic records
§§ 21, 22 & 31-33 — NOTARY QUALIFICATIONS, APPOINTMENTS,
AND RENEWALS
Modifies current law’s requirements concerning notary qualifications, applications,
appointments, and renewals
§ 23 — DISCIPLINARY ACTION
Establishes grounds for SOTS to take disciplinary action against a notary (suspend or
revoke a commission)
§ 24 — ELECTRONIC DATABASE OF NOTARIES
Requires SOTS to maintain a database of notaries public
§ 25 — PROHIBITED ACTS
Establishes various prohibitions on notaries public
§ 27 — REGULATIONS
Requires SOTS to adopt implementing regulations
§ 34 — FEE FOR NOTARIAL ACTS
Allows SOTS to prescribe fees for notarial acts
§ 37 — TECHNICAL CHANGE
Makes a technical change
§ 38 — REPEALER
Repeals several provisions in current law that are generally replaced by the bill
BACKGROUND
SUMMARY
This bill adopts a modified version of the Revised Uniform Law on
Notarial Acts (RULONA). Among other things, it provides for the
recognition of notarial acts, under specified procedures, that are
performed both within and outside the state. It prescribes requirements 2022SB-00099-R01-BA.DOCX
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for different types of notarial acts as well as the certificates that must be
executed along with these acts. It also authorizes the secretary of the
state to adopt implementing regulations and provides that any
regulations she adopts regarding the performance of notarial acts for
electronic records must be technology-neutral.
The bill also, with certain exceptions, authorizes the use of remote
notarization (i.e., the notary and person signing a document are not in
the same physical location). The bill prescribes conditions for remote
notarization and prohibits its use for several specified acts (e.g., real
estate closings).
The bill also makes technical and conforming changes.
*Senate Amendment “A” replaces the original bill, which required
the Commerce Committee chairpersons to convene a working group to
examine and make recommendations on whether (1) to adopt RULONA
and (2) remote notarization should be permitted with respect to real
estate and trusts and estates transactions.
EFFECTIVE DATE: October 1, 2022
§ 1, 3 & 28-30 — TITLE AND APPLICABILITY
Entitles §§ 1-30 of the bill as the "Connecticut Revised Uniform Law on Notarial Acts
(2018)"; specifies that the bill applies to notarial acts on or after October 1, 2022
• Entitles §§ 1-30 of the bill as the “Connecticut Revised Uniform
Law on Notarial Acts (2018)”
• Specifies that the bill applies to notarial acts on or after October
1, 2022, and that its provisions do not affect the validity or effect
of a notarial act performed before October 1, 2022
• Specifies that in applying and construing its provisions,
consideration must be given to the need to promote uniformity
of law in the bill’s subject matter among states that enact
RULONA
• Provides that it modifies, limits, and supersedes the federal
Electronic Signatures in Global and National Commerce (E- 2022SB-00099-R01-BA.DOCX
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SIGN) Act, 15 U.S.C. § 7001 et seq., except for the provisions of
that act concerning consumer disclosures (see BACKGROUND)
• Specifies that it does not authorize electronic delivery of specified
notices that are not subject to E-SIGN (e.g., court orders or
notices)
§ 2 — DEFINITIONS
Defines terms used in the bill
• Defines terms used in the bill, including the following
o Defines “notarial act” as an act, whether performed with
respect to a tangible or electronic record, that a notarial
officer may perform under state law, including taking an
acknowledgment, administering an oath or affirmation,
taking a verification on oath or affirmation, witnessing or
attesting a signature, certifying or attesting a copy, and
noting a protest of a negotiable instrument
o Defines “sign” as presenting intent to authenticate or
adopt a record to (1) execute or adopt a tangible symbol or
(2) attach to or logically associate an electronic symbol,
sound, or process with the record
o Defines “electronic signature” as an electronic symbol,
sound, or process attached to or logically associated with
a record that is executed or adopted by someone with the
intent to sign the record
§§ 4 & 26 — AUTHORITY TO PERFORM NOTARIAL ACTS
Provides authority to perform notarial acts; prohibits certain acts for which the officer has
a conflict of interest
• Permits a notarial officer to perform notarial acts authorized by
the bill or other state law
• Prohibits a notarial officer from performing a notarial act with
respect to a record (1) to which the officer or the officer’s spouse
is a party or (2) in which either of them has a direct beneficial 2022SB-00099-R01-BA.DOCX
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interest; specifies that these notarial acts are voidable
• Allows a notarial officer to certify that a tangible copy of an
electronic record is an accurate copy of the electronic record
• Generally provides that a notarial officer’s failure to perform a
duty or meet a requirement specified in the bill does not
invalidate a notarial act performed by the officer (other than one
for which the officer has a conflict of interest, as described above)
• Specifies that the validity of a notarial act does not prevent an
aggrieved person from seeking (1) to invalidate the record or
transaction that is the subject of the notarial act or (2) other
remedies based on other state or federal law
§§ 5 & 7 — REQUIREMENTS FOR CERTAIN NOTARIAL ACTS AND
IDENTITY VERIFICATION
Establishes requirements for certain notarial acts and identity verification requirements,
which are similar to those in current law
• Requires a notarial officer who takes an acknowledgment of a
record or a verification of a statement on oath or affirmation to
determine, from personal knowledge or satisfactory evidence of
the individual’s identity, that the (1) individual appearing before
the officer and making the acknowledgment or verification has
the claimed identity and (2) signature on the record or statement
is that of the individual
• Requires a notarial officer who witnesses or attests to a signature
to determine, from personal knowledge or satisfactory evidence
of the individual’s identity, that the individual appearing before
the officer and signing the record has the claimed identity
• Similarly establishes requirements for certifying or attesting a
copy, and protesting a negotiable instrument
• Specifies what constitutes personal knowledge of identity or
satisfactory evidence of identity
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§ 6 — REQUIREMENT FOR PERSONAL APPEARANCE
Generally requires a personal appearance for a notarial act other than one performed
through remote notarization
• Specifies that if a notarial act relates to a statement made in a
record or a signature executed on a record, the individual making
the statement or executing the signature must appear in person
before the notarial officer
• Exempts remote notarization, as established by the bill, from this
requirement (see § 15 below)
§ 8 — REFUSAL TO PERFORM NOTARIAL ACT
Establishes conditions under which a notarial officer may refuse to perform a notarial act
• Allows a notarial officer to refuse to perform a notarial act (unless
the law prohibits him or her from doing so) if the officer is not
satisfied that (1) the individual executing the record is competent
or has the capacity to execute it or (2) the individual made the
signature knowingly and voluntarily
§ 9 — SIGNATURE IF INDIVIDUAL IS UNABLE TO SIGN
Allows someone who is physically unable to sign a record to direct someone else (other
than the notarial officer) to sign his or her name on the record
• Allows someone who is physically unable to sign a record to
direct someone else (other than the notarial officer) to sign his or
her name on the record
• If this occurs, the notarial officer must insert on the record the
phrase “signature affixed by (name of other individual) at the
direction of (name of individual)” or similar words
§ 10 — NOTARIAL ACTS PERFORMED IN THE STATE
Specifies who may perform a notarial act in the state
• Permits notarial acts in the state to be performed by the same
people authorized by current law to take acknowledgements
(notaries public; judges, court clerks, and deputy clerks; family
support magistrates; licensed attorneys; town clerks; or justices
of the peace), in addition to anyone authorized by state law to
perform the specific act 2022SB-00099-R01-BA.DOCX
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• Removes the requirement that a court clerk or deputy clerk have
a seal if taking an acknowledgment
• Provides that the signature and title of someone performing a
notarial act in Connecticut are prima facie evidence that the
signature is genuine and that the individual holds the designated
title
• Specifies people whose signature and title conclusively establish
their authority to perform notarial acts
§§ 11-13 — NOTARIAL ACTS PERFORMED OUT OF STATE, UNDER
FEDERAL LAW, OR UNDER TRIBAL JURISDICTION
Specifies when notarial acts performed out of state are valid in Connecticut
• Provides that notarial acts legally performed in other states or
U.S. territories, under federal law, or on federally recognized
Indian reservations are valid in Connecticut (current law also
allows notarial acts outside of the state or under federal law by
similar categories of people as authorized by the bill, with one
exception)
• Specifies that the signature and title of someone performing such
a notarial act are prima facie evidence that the signature is
genuine and that the individual holds the designated title
• Specifies people whose signature and title conclusively establish
their authority to perform notarial acts, as described above
§ 14 — NOTARIAL ACTS PERFORMED UNDER THE JURISD ICTION
OF A FOREIGN COUNTRY OR MULTINATIONAL ORGANIZATION
Specifies when notarial acts performed in a foreign country are valid in Connecticut
• Provides that the following notarial acts have the same effect
under state law as if performed in-state by a state notarial officer:
those performed under the authority (1) and in the jurisdiction of
a foreign government or (2) of a multinational or international
governmental organization
• Specifies requirements to conclusively establish the authority of 2022SB-00099-R01-BA.DOCX
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a foreign officer to perform notarial acts
§§ 15, 35 & 36 — REMOTE NOTARIZATION
Authorizes remote notarization under specified conditions; subjects technology for remote
notarization to approval by SOTS; prohibits remote notarization for certain acts (e.g., real
estate closings)
Definitions (§ 15 (a))
• Defines relevant terms:
o Specifically, “communication technology” is an electronic
device or process that (1) allows a notary and remotely
located individual to communicate simultaneously by
sight and sound and (2) when necessary and consistent
with other applicable law, facilitates communication with
a remotely located individual who has a vision, hearing,
or speech impairment
o “Identity proofing” is a process or service by which a third
party provides a notary public with a means to verify a
remotely located individual’s identity, using a review of
personal information from public or private data sources
Personal Appearance (§ 15 (b))
• Allows a remotely located individual to use communication
technology to satisfy the bill’s personal appearance requirements
(see § 6)
Conditions for Remote Notarization (§ 15 (c))
• Allows remote notarization under the following conditions:
o the notary verifies the individual’s identity,
o the notary confirms that the record before him or her is the
record the individual seeks to have notarized, and
o the notary or someone on his or her behalf creates an
audio-visual (A/V) recording of the notarial act
• The bill establishes additional requirements if the remotely 2022SB-00099-R01-BA.DOCX
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located individual is outside the United States
• With respect to verifying identity, the bill requires the following:
o personal knowledge by the notary of the individual’s
identity,
o oath or affirmation from a credible witness who appears
before the notary, or
o satisfactory evidence of the individual’s identity by at
least two different types of identity proofing
Certificates of Notarial Acts (§ 15 (d))
• Requires that certificates of notarial acts (see §§ 16 & 17) indicate
when an act was performed with communication technology
Short-form Certificates (§ 15 (e))
• Establishes additional requirements for short-form certificates of
notarial acts
Records Retention (§ 15 (f))
• Requires that A/V recordings be retained for at least 10 years
unless regulations adopted by the secretary of the state (SOTS)
establish a different retention period
Technology Used for Remote Notarization (§ 15 (g))
• Requires notaries to notify SOTS before they perform their initial
remote notarization and identify the technology they intend to
use
• Prohibits notaries from using any remote notarization
technology not approved by SOTS; unauthorized use is grounds
for disciplining a notary, up to and including revoking his or her
commission
Regulations (§ 15 (h))
• Requires SOTS to adopt regulations concerning remote 2022SB-00099-R01-BA.DOCX
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notarization, including the following:
o prescribing the means of performing remote notarization,
o establishing standards for communication technology and
identity proofing,
o establishing requirements or procedures for approving
communication technology providers and the identity
proofing process, and
o establishing standards and retention requirements for
A/V recordings
Regulations (§ 15 (i))
• Specifies factors that SOTS must consider when adopting,
amending, or repealing remote notarization regulations
Prohibitions (§§ 15 (j), 35 & 36)
• Prohibits remote notarization under the following circumstances:
o making and executing a will, codicil, or trust
o executing health care instructions (e.g., for withdrawing
life support)
o designating a standby guardian of a minor for specified
contingencies (e.g., mental incapacity of the principal)
o designating a person for decision-making and certain
rights and obligations (e.g., withdrawing life support)
o executing a living will
o appointing an agent under power of attorney unless
limited to real property transactions and a date certain
o conducting a real estate closing
• Makes conforming changes to the Uniform Acknowledgment 2022SB-00099-R01-BA.DOCX
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Act with respect to real estate closings (§§ 35 & 36)
§ 16 & 17 — CERTIFICATE OF NOTARIAL ACT
Prescribes requirements for certificates of notarial acts, including short-form certificates
• Generally follows current law in requiring that a notarial act be
evidenced by a certificate and establishes various related
certificate requirements (e.g., that it be executed
contemporaneously with the act’s performance)
• Prescribes short form certificates of notarial acts in certain
categories
§§ 18 & 19 — OFFICIAL STAMP AND DEVICE FOR NOTA RIES
Establishes certain requirements for stamping devices
• Defines a stamping device and establishes requirements for a
notary public’s official stamp
• Establishes certain requirements for stamping devices, including
security-related requirements
• Requires a notary or his or her personal representative to disable
the device under certain circumstances
§ 20 — NOTARY TECHNOLOGY FOR ELECTRONIC RECORDS
Establishes technology requirements for notarizing electronic records
• Allows a notary public to select tamper-evident technologies for
performing notarial acts with respect to electronic records and
prohibits anyone from requiring that the notary public use any
other technology
• Requires a notary public performing his or her first notarial act
for an electronic record to (1) notify SOTS and (2) identify the
technology he or she will use (which must conform to SOTS-
established regulations, see § 27)
• Requires town clerks to accept for recording tangible copies of
electronic records that contain a notarial certificate satisfying
certain requirements 2022SB-00099-R01-BA.DOCX
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• Requires that the recording include a specified declaration of
authenticity
§§ 21, 22 & 31-33 — NOTARY QUALIFICATIONS, APPOINTMENTS,
AND RENEWALS
Modifies current law’s requirements concerning notary qualifications, applications,
appointments, and renewals
Qualifications (§ 21)
• Modifies qualification criteria for someone seeking appointment
as a notary public, requiring that the notary be (1) a U.S. citizen
or permanent legal resident and (2) able to read and write English
• Allows non-residents with a place of employment or practice in
Connecticut to become a notary, even if it is not the person’s
principal place of business
• Requires applicants to execute an oath of office and submit it to
SOTS before they may be appointed
• Specifies that notaries public are not covered by state laws
providing immunity or benefits to public officials or employees
• Specifies that a notary’s term is five years (as under current law)
Course of Study (§ 22)
• Requires SOTS, or an approved entity, to regularly offer a course
of study to notary applicants without commissions and requires
applicants to complete it
Application and Appointment (§§ 31 & 32)
• Allows SOTS to require that applications be submitted online and
that the applicant provide certain identifying information,
including a Social Security number or other unique identifier
• Allows SOTS to prescribe an application fee by regulation (under
current law, the fee is $120)
• Provides that the fee remains $120 until SOTS changes it by
regulation 2022SB-00099-R01-BA.DOCX
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• Allows notaries appointed before October 1, 2022, to continue
performing notarial acts until their term expires, at which point
their renewal or reinstatement would be subject to the bill’s
provisions
• Repeals a provision in current law requiring notaries to record,
with the town clerk, their certificate of appointment and oath of
office
• Repeals obsolete language
Renewals (§ 33)
• Allows SOTS to prescribe a renewal fee by regulation (under
current law, the fee is $60)
• Provides that the fee remains $60 until SOTS changes it by
regulation
• Allows SOTS to provide a 90-day grace period for the renewal of
a notary appointment; after 90 days, the notary must apply for
reinstatement
• Allows SOTS to require a course of study for renewals and
reinstatements (see § 22)
§ 23 — DISCIPLINARY ACTION
Establishes grounds for SOTS to take disciplinary action against a notary (suspend or
revoke a commission)
• Allows SOTS to deny, refuse to renew, revoke, suspend, or
impose a condition on an appointment as notary public for any
act or omission that demonstrates a lack of honesty, integrity,
competence, or reliability to act as a notary public
• Lists several acts or omissions that may constitute grounds for
these actions (e.g., conviction of any felony or a crime involving
fraud, dishonesty, or deceit)
• Specifies factors that SOTS must consider in determining
whether to take disciplinary action against a notary 2022SB-00099-R01-BA.DOCX
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• Prohibits SOTS from taking disciplinary action based on a
criminal conviction if she finds, based on the totality of the
circumstances, that the applicant possesses the character and
fitness necessary to perform the duties of a notary public in a
manner consistent with the law
§ 24 — ELECTRONIC DATABASE OF NOTARIES
Requires SOTS to maintain a database of notaries public
• Requires SOTS to maintain an electronic database of notaries
public for people to verify a notary’s authority to perform
notarial acts
• The database must also indicate whether a notary has notified the
secretary that he or she will be performing notarial acts on
electronic records
§ 25 — PROHIBITED ACTS
Establishes various prohibitions on notaries public
• Establishes various prohibitions on notaries, including the
following (some of which are also in current law):
o assisting people or entities in the drafting of legal records,
giving legal advice, conducting a real estate closing, or
otherwise practicing law, or advertising or representing
that they may do these things (unless the notary is also a
licensed attorney)
o acting as an immigration consultant or an expert on
immigration matters
o engaging in false or deceptive advertising
o using the term “notario” or “notario publico”
o withholding access to or possession of an original record
provided by someone asking the notary to perform a
notarial act, except as otherwise allowed by law
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§ 27 — REGULATIONS
Requires SOTS to adopt implementing regulations
• Requires SOTS to adopt regulations to implement the bill’s
provisions
• Among other things, the regulations must prescribe the manner
of performing notarial acts regarding tangible and electronic
records
• Specifies factors that SOTS must consider when adopting,
amending, or repealing regulations about notarial acts with
respect to electronic records
§ 34 — FEE FOR NOTARIAL ACTS
Allows SOTS to prescribe fees for notarial acts
• Allows SOTS to prescribe the (1) fee cap for notarial acts and (2)
mileage reimbursement (not to exceed IRS standards)
• Under current law, the fee cap is $5 per notarial act, and the
mileage reimbursement is 35 cents per mile
§ 37 — TECHNICAL CHANGE
Makes a technical change
• Makes a technical change
§ 38 — REPEALER
Repeals several provisions in current law that are generally replaced by the bill
• Repeals the following provisions in current law:
o definitions relating to notaries (CGS § 3-94a, replaced by §
2 of the bill)
o notary seals, certificates, signatures, prohibited acts, and
disqualifications (CGS §§ 3-94f to -94k, generally replaced
by other provisions in the bill)
o death of a notary (CGS § 3-94q, replaced by § 19(a) of the
bill) 2022SB-00099-R01-BA.DOCX
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O prohibition on giving legal advice or using title “notario”
or “notario publico” (CGS § 3-95a, generally replaced by §
25 of the bill) (see BACKGROUND)
BACKGROUND
E-SIGN
The federal Electronic Signatures in Global and National Commerce
Act (E-SIGN) (15 U.S.C. § 7001 et seq.) validates the use of electronic
records and signatures. Connecticut has also enacted the Connecticut
Uniform Electronic Transactions Act (CUETA) (CGS §§ 1-266 to 1-286),
which also validates the use of such records and signatures. The two
overlap significantly, although they are not identical. For example, E-
SIGN applies only to interstate transactions, not intrastate
transactions. CUETA provides that it supersedes, modifies, and limits
the federal law except for E-SIGN’s consumer disclosure provisions
(CGS §§ 1-286).
Notario Publico
In many Spanish-speaking countries, a “notario publico” is
authorized to perform certain services that in the United States are
reserved to lawyers (Connecticut Secretary of the State, Notary Public
Manual, pg. 13).
COMMERCE COMMITTEE
Commerce Committee
Joint Favorable
Yea 23 Nay 0 (03/17/2022)