CT
Connecticut House Bill HB06713

Connecticut 2023 Regular Session

Connecticut House Bill HB06713 Compare Versions

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55 General Assembly Raised Bill No. 6713
66 January Session, 2023
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1010 Referred to Committee on JUDICIARY
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1313 Introduced by:
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1919 AN ACT ADOPTING THE CONNECTICUT REVISED UNIFORM LAW
2020 ON NOTARIAL ACTS.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. (NEW) (Effective October 1, 2023) Sections 1 to 30, inclusive, 1
2525 of this act may be cited as the "Connecticut Revised Uniform Law on 2
2626 Notarial Acts". 3
2727 Sec. 2. (NEW) (Effective October 1, 2023) As used in sections 1 to 30, 4
2828 inclusive, of this act, sections 3-94b to 3-94d, inclusive, of the general 5
2929 statutes, as amended by this act, and section 3-95 of the general statutes, 6
3030 as amended by this act: 7
3131 (1) "Acknowledgment" means a declaration by an individual before a 8
3232 notarial officer that the individual has signed a record for the purpose 9
3333 stated in the record and, if the record is signed in a representative 10
3434 capacity, that the individual signed the record with proper authority 11
3535 and signed it as the act of the individual or entity identified in the 12
3636 record. 13
3737 (2) "Electronic" means relating to technology having electrical, digital, 14 Raised Bill No. 6713
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4343 magnetic, wireless, optical, electromagnetic or similar capabilities. 15
4444 (3) "Electronic signature" means an electronic symbol, sound or 16
4545 process attached to or logically associated with a record and executed 17
4646 or adopted by an individual with the intent to sign the record. 18
4747 (4) "In a representative capacity" means acting as: 19
4848 (A) An authorized officer, agent, partner, trustee or other 20
4949 representative for a person other than an individual; 21
5050 (B) A public officer, personal representative, guardian or other 22
5151 representative, in the capacity stated in a record; 23
5252 (C) An agent or attorney-in-fact for a principal; or 24
5353 (D) An authorized representative of another in any other capacity. 25
5454 (5) "Notarial act" means an act, whether performed with respect to a 26
5555 tangible or electronic record, that a notarial officer may perform under 27
5656 a provision of the general statutes. "Notarial act" includes taking an 28
5757 acknowledgment, administering an oath or affirmation, taking a 29
5858 verification on oath or affirmation, witnessing or attesting a signature, 30
5959 certifying or attesting a copy and noting a protest of a negotiable 31
6060 instrument. 32
6161 (6) "Notarial officer" means a notary public or other individual 33
6262 authorized to perform a notarial act. 34
6363 (7) "Notary public" means an individual appointed to perform a 35
6464 notarial act by the Secretary of the State. 36
6565 (8) "Official stamp" means a physical image affixed to or embossed 37
6666 on a tangible record or an electronic image attached to or logically 38
6767 associated with an electronic record. 39
6868 (9) "Person" means an individual, corporation, business trust, 40
6969 statutory trust, estate, trust, partnership, limited liability company, 41
7070 association, joint venture, public corporation, government or 42 Raised Bill No. 6713
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7676 governmental subdivision, agency or instrumentality or any other legal 43
7777 or commercial entity. 44
7878 (10) "Real estate closing" has the same meaning as provided in section 45
7979 51-88a of the general statutes. 46
8080 (11) "Record" means information that is inscribed on a tangible 47
8181 medium or that is stored in an electronic or other medium and is 48
8282 retrievable in perceivable form. 49
8383 (12) "Sign" means, with present intent, to authenticate or adopt a 50
8484 record: 51
8585 (A) To execute or adopt a tangible symbol; or 52
8686 (B) To attach to or logically associate with the record an electronic 53
8787 symbol, sound or process. 54
8888 (13) "Signature" means a tangible symbol or an electronic signature 55
8989 that evidences the signing of a record. 56
9090 (14) "Stamping device" means: 57
9191 (A) A physical device capable of affixing to or embossing on a 58
9292 tangible record an official stamp; or 59
9393 (B) An electronic device or process capable of attaching to or logically 60
9494 associating with an electronic record an official stamp. 61
9595 (15) "State" means a state of the United States, the District of 62
9696 Columbia, Puerto Rico, the United States Virgin Islands or any territory 63
9797 or insular possession subject to the jurisdiction of the United States. 64
9898 (16) "Verification on oath or affirmation" means a declaration, made 65
9999 by an individual on oath or affirmation before a notarial officer, that a 66
100100 statement in a record is true. 67
101101 Sec. 3. (NEW) (Effective October 1, 2023) Sections 1 to 30, inclusive, of 68
102102 this act shall apply to a notarial act performed on or after October 1, 69 Raised Bill No. 6713
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108108 2023. 70
109109 Sec. 4. (NEW) (Effective October 1, 2023) (a) A notarial officer may 71
110110 perform a notarial act authorized by sections 1 to 30, inclusive, of this 72
111111 act or by any other provision of the general statutes. 73
112112 (b) A notarial officer may not perform a notarial act with respect to a 74
113113 record to which the officer or the officer's spouse is a party or in which 75
114114 the officer or the officer's spouse has a direct beneficial interest. A 76
115115 notarial act performed in violation of this subsection is voidable. 77
116116 (c) A notarial officer may certify that a tangible copy of an electronic 78
117117 record is an accurate copy of the electronic record. 79
118118 Sec. 5. (NEW) (Effective October 1, 2023) (a) A notarial officer who 80
119119 takes an acknowledgment of a record shall determine, from personal 81
120120 knowledge or satisfactory evidence of the identity of the individual, that 82
121121 the individual appearing before the officer and making the 83
122122 acknowledgment has the identity claimed and that the signature on the 84
123123 record is the signature of the individual. 85
124124 (b) A notarial officer who takes a verification of a statement on oath 86
125125 or affirmation shall determine, from personal knowledge or satisfactory 87
126126 evidence of the identity of the individual, that the individual appearing 88
127127 before the officer and making the verification has the identity claimed 89
128128 and that the signature on the statement verified is the signature of the 90
129129 individual. 91
130130 (c) A notarial officer who witnesses or attests to a signature shall 92
131131 determine, from personal knowledge or satisfactory evidence of the 93
132132 identity of the individual, that the individual appearing before the 94
133133 officer and signing the record has the identity claimed. 95
134134 (d) A notarial officer who certifies or attests a copy of a record or an 96
135135 item that was copied shall determine that the copy is a full, true and 97
136136 accurate transcription or reproduction of the record or item. 98
137137 (e) A notarial officer who makes or notes a protest of a negotiable 99 Raised Bill No. 6713
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143143 instrument shall determine the matters set forth in subsection (b) of 100
144144 section 42a-3-505 of the general statutes. 101
145145 Sec. 6. (NEW) (Effective October 1, 2023) Except as provided in section 102
146146 15 of this act, if a notarial act relates to a statement made in or a signature 103
147147 executed on a record, the individual making the statement or executing 104
148148 the signature shall appear personally before the notarial officer. 105
149149 Sec. 7. (NEW) (Effective October 1, 2023) (a) A notarial officer has 106
150150 personal knowledge of the identity of an individual appearing before 107
151151 the officer if the individual is personally known to the officer through 108
152152 dealings sufficient to provide reasonable certainty that the individual 109
153153 has the identity claimed. 110
154154 (b) A notarial officer has satisfactory evidence of the identity of an 111
155155 individual appearing before the officer if the officer can identify the 112
156156 individual: 113
157157 (1) By means of: 114
158158 (A) A passport, driver's license or government-issued nondriver 115
159159 identification card that is current or expired not more than six months 116
160160 before the date of the notarial officer's performance of the notarial act; 117
161161 or 118
162162 (B) Another form of government identification issued to an 119
163163 individual that is current or expired not more than six months before 120
164164 performance of the notarial act, contains the signature or a photograph 121
165165 of the individual and is satisfactory to the officer; or 122
166166 (2) By a verification on oath or affirmation of a credible witness 123
167167 personally appearing before the notarial officer and known to such 124
168168 officer or whom such officer can identify on the basis of a passport, 125
169169 driver's license or government-issued nondriver identification card that 126
170170 is current or expired not more than six months before performance of 127
171171 the notarial act. 128
172172 (c) A notarial officer may require an individual to provide additional 129 Raised Bill No. 6713
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178178 information or identification credentials necessary to assure the officer 130
179179 of the identity of the individual. 131
180180 Sec. 8. (NEW) (Effective October 1, 2023) (a) A notarial officer may 132
181181 refuse to perform a notarial act if the officer is not satisfied that: 133
182182 (1) The individual executing the record is competent or has the 134
183183 capacity to execute the record; or 135
184184 (2) The individual's signature is knowingly and voluntarily made. 136
185185 (b) A notarial officer may refuse to perform a notarial act unless 137
186186 refusal is prohibited by any other provision of the general statutes. 138
187187 Sec. 9. (NEW) (Effective October 1, 2023) If an individual is physically 139
188188 unable to sign a record, the individual may direct an individual other 140
189189 than the notarial officer to sign the individual's name on the record. The 141
190190 notarial officer shall insert the phrase "Signature affixed by (name of 142
191191 other individual) at the direction of (name of individual)" or words of 143
192192 similar import. 144
193193 Sec. 10. (NEW) (Effective October 1, 2023) (a) A notarial act may be 145
194194 performed in this state by: 146
195195 (1) A notary public of this state; 147
196196 (2) A judge, clerk or deputy clerk of the Superior Court or a Probate 148
197197 Court of this state or a family support magistrate; 149
198198 (3) An individual licensed to practice law in this state; 150
199199 (4) A town clerk; 151
200200 (5) A justice of the peace; or 152
201201 (6) Any other individual authorized to perform the specific act by the 153
202202 law of this state. 154
203203 (b) The signature and title of an individual performing a notarial act 155 Raised Bill No. 6713
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209209 in this state are prima facie evidence that the signature is genuine and 156
210210 that the individual holds the designated title. 157
211211 (c) The signature and title of a notarial officer conclusively establishes 158
212212 the authority of the notarial officer to perform the notarial act. 159
213213 Sec. 11. (NEW) (Effective October 1, 2023) (a) Except as provided in 160
214214 subsections (j) and (k) of section 15 of this act, a notarial act performed 161
215215 in another state has the same effect under the law of this state as if 162
216216 performed by a notarial officer of this state, if the act performed in that 163
217217 state is performed by: 164
218218 (1) A notary public of that state; 165
219219 (2) A judge, clerk or deputy clerk of a court of that state; or 166
220220 (3) Any other individual authorized by the law of that state to 167
221221 perform the notarial act. 168
222222 (b) The signature and title of an individual performing a notarial act 169
223223 in another state are prima facie evidence that the signature is genuine 170
224224 and that the individual holds the designated title. 171
225225 (c) The signature and title of a notarial officer conclusively establishes 172
226226 the authority of the officer to perform the notarial act. 173
227227 Sec. 12. (NEW) (Effective October 1, 2023) (a) Except as provided in 174
228228 subsections (j) and (k) of section 15 of this act, a notarial act performed 175
229229 under the authority and in the jurisdiction of a federally recognized 176
230230 Indian tribe has the same effect as if performed by a notarial officer of 177
231231 this state if the act performed in the jurisdiction of the tribe is performed 178
232232 by: 179
233233 (1) A notary public of the tribe; 180
234234 (2) A judge, clerk or deputy clerk of a court of the tribe; or 181
235235 (3) Any other individual authorized by the law of the tribe to perform 182
236236 the notarial act. 183 Raised Bill No. 6713
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242242 (b) The signature and title of an individual performing a notarial act 184
243243 under the authority of and in the jurisdiction of a federally recognized 185
244244 Indian tribe are prima facie evidence that the signature is genuine and 186
245245 that the individual holds the designated title. 187
246246 (c) The signature and title of a notarial officer described in this section 188
247247 conclusively establishes the authority of the officer to perform the 189
248248 notarial act. 190
249249 Sec. 13. (NEW) (Effective October 1, 2023) (a) Except as provided in 191
250250 subsections (j) and (k) of section 15 of this act, a notarial act performed 192
251251 under federal law has the same effect under the law of this state as if 193
252252 performed by a notarial officer of this state if the act performed under 194
253253 federal law is performed by: 195
254254 (1) A judge, clerk or deputy clerk of a court; 196
255255 (2) An individual in military service or performing duties under the 197
256256 authority of military service who is authorized to perform notarial acts 198
257257 under federal law; 199
258258 (3) An individual designated a notarizing officer by the United States 200
259259 Department of State for performing notarial acts overseas; or 201
260260 (4) Any other individual authorized by federal law to perform the 202
261261 notarial act. 203
262262 (b) The signature and title of an individual acting under federal 204
263263 authority and performing a notarial act are prima facie evidence that the 205
264264 signature is genuine and that the individual holds the designated title. 206
265265 (c) The signature and title of an officer described in subdivision (1), 207
266266 (2) or (3) of subsection (a) of this section conclusively establish the 208
267267 authority of the officer to perform the notarial act. 209
268268 Sec. 14. (NEW) (Effective October 1, 2023) (a) As used in this section, 210
269269 "foreign state" means a government other than the United States, a state 211
270270 or a federally recognized Indian tribe. 212 Raised Bill No. 6713
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276276 (b) Except as provided in subsections (j) and (k) of section 15 of this 213
277277 act, if a notarial act is performed under authority and in the jurisdiction 214
278278 of a foreign state or constituent unit of the foreign state or is performed 215
279279 under the authority of a multinational or international governmental 216
280280 organization, the act has the same effect under the law of this state as if 217
281281 performed by a notarial officer of this state. 218
282282 (c) If the title of office and indication of authority to perform notarial 219
283283 acts in a foreign state appears in a digest of foreign law or in a list 220
284284 customarily used as a source for that information, the authority of a 221
285285 notarial officer with that title to perform notarial acts is conclusively 222
286286 established. 223
287287 (d) The signature and official stamp of an individual holding an office 224
288288 described in subsection (c) of this section are prima facie evidence that 225
289289 the signature is genuine and the individual holds the designated title. 226
290290 (e) An apostille in the form prescribed by the Hague Convention of 227
291291 October 5, 1961, and issued by a foreign state party to the convention 228
292292 conclusively establishes that the signature of the notarial officer is 229
293293 genuine and that the officer holds the indicated office. 230
294294 (f) A consular authentication issued by an individual designated by 231
295295 the United States Department of State as a notarial officer for performing 232
296296 notarial acts overseas and attached to the record with respect to which 233
297297 the notarial act is performed conclusively establishes that the signature 234
298298 of the notarial officer is genuine and that the officer holds the indicated 235
299299 office. 236
300300 Sec. 15. (NEW) (Effective October 1, 2023) (a) As used in this section: 237
301301 (1) "Communication technology" means an electronic device or 238
302302 process that: 239
303303 (A) Allows a notary public and a remotely located individual to 240
304304 communicate with each other simultaneously by sight and sound; and 241
305305 (B) When necessary and consistent with other applicable law, 242 Raised Bill No. 6713
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311311 facilitates communication with a remotely located individual who has a 243
312312 vision, hearing or speech impairment. 244
313313 (2) "Foreign state" means a jurisdiction other than the United States, 245
314314 a state or a federally recognized Indian tribe. 246
315315 (3) "Identity proofing" means a process or service by which a third 247
316316 person provides a notary public with a means to verify the identity of a 248
317317 remotely located individual by a review of personal information from 249
318318 public or private data sources. 250
319319 (4) "Outside the United States" means a location outside the 251
320320 geographic boundaries of the United States, Puerto Rico, the United 252
321321 States Virgin Islands and any territory, insular possession or other 253
322322 location subject to the jurisdiction of the United States. 254
323323 (5) "Remotely located individual" means an individual who is not in 255
324324 the physical presence of the notary public who performs a notarial act 256
325325 under subsection (c) of this section. 257
326326 (b) A remotely located individual may comply with section 6 of this 258
327327 act by using communication technology to appear before a notarial 259
328328 officer. 260
329329 (c) A notarial officer located in this state may perform a notarial act 261
330330 using communication technology for a remotely located individual if: 262
331331 (1) The notarial officer: 263
332332 (A) Has personal knowledge under subsection (a) of section 7 of this 264
333333 act of the identity of the individual; 265
334334 (B) Has obtained satisfactory evidence of the identity of the remotely 266
335335 located individual by oath or affirmation from a credible witness 267
336336 appearing before the notarial officer under this section or subsection (b) 268
337337 of section 7 of this act; or 269
338338 (C) Has obtained satisfactory evidence of the identity of the remotely 270 Raised Bill No. 6713
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344344 located individual by using at least two different types of identity 271
345345 proofing; 272
346346 (2) The notarial officer confirms that a record before the notarial 273
347347 officer is the same record that the remotely located individual executes 274
348348 remotely before the notarial officer by communication technology; 275
349349 (3) The notarial officer, or a person acting on behalf of the notarial 276
350350 officer, creates an audio-visual recording of the performance of the 277
351351 notarial act; and 278
352352 (4) For a remotely located individual located outside the United 279
353353 States: 280
354354 (A) The record: 281
355355 (i) Is to be filed with or relates to a matter before a public official or 282
356356 court, governmental entity or other entity subject to the jurisdiction of 283
357357 the United States; or 284
358358 (ii) Involves property located in the territorial jurisdiction of the 285
359359 United States or involves a transaction substantially connected with the 286
360360 United States; and 287
361361 (B) The act of making the statement or signing the record is not 288
362362 prohibited by the foreign state in which the remotely located individual 289
363363 is located. 290
364364 (d) If a notarial act is performed under this section, the certificate of 291
365365 notarial act required by section 16 of this act and the short-form 292
366366 certificate provided in section 17 of this act shall indicate that the 293
367367 notarial act was performed using communication technology. 294
368368 (e) A short-form certificate provided in section 17 of this act for a 295
369369 notarial act subject to this section is sufficient if it: 296
370370 (1) Complies with regulations adopted under subdivision (1) of 297
371371 subsection (h) of this section; or 298 Raised Bill No. 6713
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377377 (2) Is in the form provided in section 17 of this act and contains a 299
378378 statement substantially as follows: "This notarial act involved the use of 300
379379 communication technology.". 301
380380 (f) A notarial officer, guardian, conservator or agent of a notarial 302
381381 officer or a personal representative of a deceased notarial officer shall 303
382382 retain the audio-visual recording created under subdivision (3) of 304
383383 subsection (c) of this section or cause the recording to be retained by a 305
384384 repository designated by or on behalf of the person required to retain 306
385385 the recording. Unless a different period is required by regulation 307
386386 adopted under subdivision (4) of subsection (h) of this section, the 308
387387 recording shall be retained for a period of at least ten years after the 309
388388 recording is made. 310
389389 (g) Before a notary public performs the notary public's initial notarial 311
390390 act under this section, the notary public shall notify the Secretary of the 312
391391 State that the notary public will be performing notarial acts with respect 313
392392 to remotely located individuals and identify the technologies the notary 314
393393 public intends to use. A notary public or notarial officer shall not 315
394394 perform a notarial act with respect to a remotely located individual 316
395395 using any technology that has not been approved by the Secretary of the 317
396396 State pursuant to subsection (h) of this section and any applicable 318
397397 regulations. Use of unapproved technology by a notary public shall be 319
398398 grounds to deny, refuse to renew, suspend or impose a condition on a 320
399399 notary public's commission in accordance with section 23 of this act. Use 321
400400 of unapproved technology by a notarial officer other than a notary 322
401401 public may constitute grounds for discipline of such notarial officer by 323
402402 the applicable body having jurisdiction over such notarial officer. 324
403403 (h) The Secretary of the State shall adopt regulations, in accordance 325
404404 with chapter 54 of the general statutes, regarding performance of a 326
405405 notarial act under this section. The regulations shall: 327
406406 (1) Prescribe the means of performing a notarial act involving a 328
407407 remotely located individual using communication technology; 329
408408 (2) Establish standards for communication technology and identity 330 Raised Bill No. 6713
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414414 proofing; 331
415415 (3) Establish requirements or procedures to approve providers of 332
416416 communication technology and the process of identity proofing; and 333
417417 (4) Establish standards and a period for the retention of an audio-334
418418 visual recording created under subdivision (3) of subsection (c) of this 335
419419 section. 336
420420 (i) Before adopting, amending or repealing a regulation governing 337
421421 performance of a notarial act with respect to a remotely located 338
422422 individual pursuant to subsection (h) of this section, the Secretary of the 339
423423 State shall consider: 340
424424 (1) The most recent standards regarding the performance of a notarial 341
425425 act with respect to a remotely located individual promulgated by 342
426426 national standard-setting organizations and the recommendations of 343
427427 the National Association of Secretaries of State; 344
428428 (2) Standards, practices and customs of other jurisdictions that have 345
429429 laws substantially similar to this section; and 346
430430 (3) The views of governmental officials and entities and other 347
431431 interested persons. 348
432432 (j) A notarial officer shall not perform a notarial act using 349
433433 communication technology for a remotely located individual if such 350
434434 notarial act is performed in connection with the (1) making and 351
435435 execution of a will, codicil or trust, (2) execution of health care 352
436436 instructions pursuant to section 19a-575a of the general statutes, (3) 353
437437 designation of a standby guardian pursuant to section 45a-624 of the 354
438438 general statutes, (4) execution of a living will, as defined in section 19a-355
439439 570 of the general statutes, and pursuant to section 19a-575a of the 356
440440 general statutes, (5) execution of a self-proving affidavit for an 357
441441 appointment of health care representative or for a living will under 358
442442 sections 1-56r and 19a-578 of the general statutes, (6) designation of a 359
443443 person for decision making and certain rights and obligations pursuant 360 Raised Bill No. 6713
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449449 to section 1-56r of the general statutes, or (7) appointment of an agent 361
450450 under a power of attorney, as defined in section 1-350a of the general 362
451451 statutes, unless such power of attorney is a real property power of 363
452452 attorney. As used in this subsection, "real property power of attorney" 364
453453 means a power of attorney that grants an agent authority only with 365
454454 respect to a real estate closing and is exercised pursuant to, and in 366
455455 accordance with, subsection (k) of this section. 367
456456 (k) Notwithstanding the provisions of sections 1 to 30, inclusive, of 368
457457 this act, and any other provision of the general statutes, in any matter 369
458458 concerning a notarial act conducted in the course of a real estate closing 370
459459 involving a remotely located individual, the notarial officer shall be an 371
460460 attorney licensed to practice law in this state who (1) represents a party 372
461461 to the closing, (2) actively conducts the closing utilizing communication 373
462462 technology. The certificates of notarial act required under section 16 of 374
463463 this act shall include the attorney's juris number and name of the 375
464464 attorney performing such notarial act, which shall be attached to and 376
465465 made part of the record. The false or fraudulent entering or affirming of 377
466466 a juris number shall constitute a violation of section 51-88 of the general 378
467467 statutes. 379
468468 (l) Whenever the Secretary of the State believes that a notary public 380
469469 has engaged in a pattern of conduct, or a standard, practice or procedure 381
470470 that the Secretary determines is contrary to any provision of sections 1 382
471471 to 30, inclusive, of this act, or any other provision of the general statutes 383
472472 applicable to the performance of a notarial act, the Secretary may order 384
473473 the notary public to comply with the respective provision of the general 385
474474 statutes. The Secretary of the State may request that the Attorney 386
475475 General initiate a civil action to enforce the provisions of this subsection. 387
476476 Sec. 16. (NEW) (Effective October 1, 2023) (a) A notarial act shall be 388
477477 evidenced by a certificate that shall: 389
478478 (1) Be executed contemporaneously with the performance of the 390
479479 notarial act; 391
480480 (2) Be signed and dated by the notarial officer and, if the notarial 392 Raised Bill No. 6713
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486486 officer is a notary public, be signed in the same manner as on file with 393
487487 the Secretary of the State; 394
488488 (3) Identify the jurisdiction in which the notarial act is performed; 395
489489 (4) Contain the title of office of the notarial officer; and 396
490490 (5) If the notarial officer is a notary public, indicate the date of 397
491491 expiration, if any, of the notary's appointment. 398
492492 (b) If a notarial act regarding a tangible record is performed by a 399
493493 notary public, an official stamp shall be affixed to or embossed on the 400
494494 certificate. If a notarial act is performed regarding a tangible record by 401
495495 a notarial officer other than a notary public and the certificate contains 402
496496 the information specified in subdivisions (2) to (4), inclusive, of 403
497497 subsection (a) of this section, an official stamp may be affixed to or 404
498498 embossed on the certificate. If a notarial act regarding an electronic 405
499499 record is performed by a notarial officer and the certificate contains the 406
500500 information specified in subdivisions (2) to (4), inclusive, of subsection 407
501501 (a) of this section, an official stamp may be attached to or logically 408
502502 associated with the certificate. 409
503503 (c) A certificate of a notarial act is sufficient if it meets the 410
504504 requirements of subsections (a) and (b) of this section and: 411
505505 (1) Is in a short form set forth in section 17 of this act; 412
506506 (2) Is in a form otherwise permitted by the law of this state; 413
507507 (3) Is in a form permitted by the law applicable in the jurisdiction in 414
508508 which the notarial act was performed; or 415
509509 (4) Sets forth the actions of the notarial officer and the actions are 416
510510 sufficient to meet the requirements of the notarial act as provided in 417
511511 sections 5 to 7, inclusive, of this act or any other applicable provision of 418
512512 the general statutes. 419
513513 (d) By executing a certificate of a notarial act, a notarial officer 420 Raised Bill No. 6713
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519519 certifies that the officer has complied with the requirements and made 421
520520 the determinations specified in sections 4 to 6, inclusive, of this act. 422
521521 (e) A notarial officer shall not affix the officer's signature to, or 423
522522 logically associate it with, a certificate until the notarial act has been 424
523523 performed. 425
524524 (f) If a notarial act is performed regarding a tangible record, a 426
525525 certificate shall be part of, or securely attached to, the record. If a notarial 427
526526 act is performed regarding an electronic record, the certificate shall be 428
527527 affixed to, or logically associated with, the electronic record. If the 429
528528 Secretary of the State has established standards pursuant to section 27 430
529529 of this act for attaching, affixing or logically associating the certificate, 431
530530 the process shall conform to such standards. 432
531531 Sec. 17. (NEW) (Effective October 1, 2023) The following short-form 433
532532 certificates of notarial acts are sufficient for the purposes indicated, if 434
533533 completed with the information required by subsections (a) and (b) of 435
534534 section 16 of this act: 436
535535 (1) For an acknowledgment in an individual capacity: 437
536536 State of .... 438
537537 County of .... 439
538538 This record was acknowledged before me on .... by .... 440
539539 Date .... Name(s) of individual(s) .... 441
540540 .... 442
541541 Signature of notarial officer 443
542542 Stamp 444
543543 .... 445
544544 Title of office .... 446 Raised Bill No. 6713
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546546
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549549
550550 My appointment expires: .... 447
551551 (2) For an acknowledgment in a representative capacity: 448
552552 State of .... 449
553553 County of .... 450
554554 This record was acknowledged before me on .... by .... 451
555555 Date .... Name(s) of individual(s) .... 452
556556 as (type of authority, such as officer or trustee) of (name of party on 453
557557 behalf of whom record was executed). 454
558558 .... 455
559559 Signature of notarial officer 456
560560 Stamp 457
561561 .... 458
562562 Title of office .... 459
563563 My appointment expires: .... 460
564564 (3) For a verification on oath or affirmation: 461
565565 State of .... 462
566566 County of .... 463
567567 Signed and sworn to (or affirmed) before me on .... by .... 464
568568 Date .... Name(s) of individual(s) making statement .... 465
569569 .... 466
570570 Signature of notarial officer 467
571571 Stamp 468 Raised Bill No. 6713
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573573
574574
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576576
577577 .... 469
578578 Title of office .... 470
579579 My appointment expires: .... 471
580580 (4) For witnessing or attesting a signature: 472
581581 State of .... 473
582582 County of .... 474
583583 Signed (or attested) before me on .... by .... 475
584584 Date …. Name(s) of individual(s) .... 476
585585 .... 477
586586 Signature of notarial officer 478
587587 Stamp 479
588588 .... 480
589589 Title of office .... 481
590590 My appointment expires: .... 482
591591 (5) For certifying a copy of a record: 483
592592 State of .... 484
593593 County of .... 485
594594 I certify that this is a true and correct copy of a record in the 486
595595 possession of .... 487
596596 Dated .... 488
597597 .... 489
598598 Signature of notarial officer 490 Raised Bill No. 6713
599599
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603603
604604 Stamp 491
605605 .... 492
606606 Title of office .... 493
607607 My appointment expires: .... 494
608608 Sec. 18. (NEW) (Effective October 1, 2023) The official stamp of a notary 495
609609 public shall: 496
610610 (1) Include the notary public's name, jurisdiction, appointment 497
611611 expiration date and other information required by the Secretary of the 498
612612 State; and 499
613613 (2) Be capable of being copied together with the record to which it is 500
614614 affixed or attached or with which it is logically associated. 501
615615 Sec. 19. (NEW) (Effective October 1, 2023) (a) A notary public shall be 502
616616 responsible for the security of the notary public's stamping device and 503
617617 shall not allow another individual to use the device to perform a notarial 504
618618 act. On resignation from, or the revocation or expiration of, the notary 505
619619 public's appointment, or on the expiration of the date set forth in the 506
620620 stamping device, if any, the notary public shall disable the stamping 507
621621 device by destroying, defacing, damaging, erasing or securing it against 508
622622 use in a manner that renders it unusable. On the death or adjudication 509
623623 of incompetency of a notary public, the notary public's personal 510
624624 representative or guardian or any other person knowingly in possession 511
625625 of the stamping device shall render it unusable by destroying, defacing, 512
626626 damaging, erasing or securing it against use in a manner that renders it 513
627627 unusable. 514
628628 (b) If a notary public's stamping device is lost or stolen, the notary 515
629629 public or the notary public's personal representative or guardian shall 516
630630 notify promptly by mail or electronic mail the Secretary of the State on 517
631631 discovering that the device is lost or stolen. 518
632632 Sec. 20. (NEW) (Effective October 1, 2023) (a) A notary public may 519 Raised Bill No. 6713
633633
634634
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636636 LCO No. 4123 20 of 35
637637
638638 select one or more tamper-evident technologies to perform notarial acts 520
639639 with respect to electronic records. A person shall not require a notary 521
640640 public to perform a notarial act with respect to an electronic record with 522
641641 a technology that the notary public has not selected. 523
642642 (b) Before a notary public performs the notary public's initial notarial 524
643643 act with respect to an electronic record, a notary public shall notify the 525
644644 Secretary of the State that the notary public will be performing notarial 526
645645 acts with respect to electronic records and identify the technology the 527
646646 notary public intends to use. If the Secretary of the State has established 528
647647 standards for approval of technology pursuant to section 27 of this act, 529
648648 the technology shall conform to the standards. If the technology 530
649649 conforms to the standards, the Secretary of the State shall approve the 531
650650 use of the technology. 532
651651 (c) A town clerk shall accept for recording a tangible copy of an 533
652652 electronic record containing a notarial certificate as satisfying any 534
653653 requirement that a record accepted for recording be an original, if the 535
654654 same notarial officer executing the notarial certificate contained on the 536
655655 record certifies that the tangible copy is an accurate copy of the 537
656656 electronic record. Such recording shall attach a declaration of 538
657657 authenticity as follows: 539
658658 DECLARATION OF AUTHENTICITY 540
659659 State of .... 541
660660 County of .... 542
661661 The attached document, (insert title), dated (insert date) and 543
662662 containing (insert number of pages) pages, is a true and correct copy of 544
663663 an electronic record printed by me or under my supervision. At the time 545
664664 of printing, no security features present on the electronic record 546
665665 indicated any changes or errors in an electronic signature or other 547
666666 information in the electronic record after the electronic record's creation 548
667667 or execution. 549 Raised Bill No. 6713
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672672
673673 This declaration is made under penalty of perjury. 550
674674 Signed this .... day of ...., ..... 551
675675 .... 552
676676 Signature of notarial officer 553
677677 Stamp 554
678678 .... 555
679679 Title of office .... 556
680680 My appointment expires: .... 557
681681 Sec. 21. (NEW) (Effective October 1, 2023) (a) An individual qualified 558
682682 under subsection (b) of this section may apply to the Secretary of the 559
683683 State for an appointment as a notary public. The applicant shall comply 560
684684 with and provide the information required by any regulations adopted 561
685685 by the Secretary of the State in accordance with the provisions of chapter 562
686686 54 of the general statutes, and pay any application fee. 563
687687 (b) An applicant for an appointment as a notary public shall: 564
688688 (1) Be at least eighteen years of age; 565
689689 (2) Be a citizen or permanent legal resident of the United States; 566
690690 (3) Be a resident of or have a place of employment or practice in this 567
691691 state; 568
692692 (4) Be able to read and write English; 569
693693 (5) Not be disqualified to receive an appointment under section 23 of 570
694694 this act; and 571
695695 (6) Have completed the course of study described as required in 572
696696 section 22 of this act. 573 Raised Bill No. 6713
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701701
702702 (c) Before issuance of an appointment as a notary public, an applicant 574
703703 for the appointment shall execute an oath of office in accordance with 575
704704 section 1-25 of the general statutes and submit it to the Secretary of the 576
705705 State. 577
706706 (d) Upon compliance with this section, the Secretary of the State shall 578
707707 issue an appointment as a notary public to an applicant for a term of five 579
708708 years. 580
709709 (e) An appointment to act as a notary public authorizes the notary 581
710710 public to perform notarial acts. The appointment does not provide the 582
711711 notary public any immunity or benefit conferred by the law of this state 583
712712 on public officials or employees. 584
713713 Sec. 22. (NEW) (Effective October 1, 2023) The Secretary of the State or 585
714714 an entity approved by the Secretary of the State shall offer regularly a 586
715715 course of study to applicants who do not hold commissions as notaries 587
716716 public in this state, including notaries public seeking renewal or 588
717717 reinstatement of a notary commission. The course shall cover the laws, 589
718718 regulations, procedures and ethics relevant to notarial acts. 590
719719 Sec. 23. (NEW) (Effective October 1, 2023) (a) The Secretary of the State 591
720720 may deny, refuse to renew, revoke, suspend or impose a condition on 592
721721 an appointment as notary public for any act or omission that 593
722722 demonstrates the individual lacks the honesty, integrity, competence or 594
723723 reliability to act as a notary public, including: 595
724724 (1) Failure to comply with any provision of sections 1 to 30, inclusive, 596
725725 of this act; 597
726726 (2) A fraudulent, dishonest or deceitful misstatement or omission in 598
727727 the application for an appointment as a notary public submitted to the 599
728728 Secretary of the State; 600
729729 (3) A conviction of the applicant or notary public of any felony or a 601
730730 crime involving fraud, dishonesty or deceit; 602
731731 (4) A finding against, or admission of liability by, the applicant or 603 Raised Bill No. 6713
732732
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735735 LCO No. 4123 23 of 35
736736
737737 notary public in any legal proceeding or disciplinary action based on the 604
738738 applicant's or notary public's fraud, dishonesty or deceit; 605
739739 (5) Failure by the notary public to discharge any duty required of a 606
740740 notary public, whether by any provision of sections 1 to 30, inclusive, of 607
741741 this act, regulations of the Secretary of the State or any federal or state 608
742742 law; 609
743743 (6) Use of false or misleading advertising or representation by the 610
744744 notary public representing that the notary has a duty, right or privilege 611
745745 that the notary does not have; 612
746746 (7) Violation by the notary public of a regulation of the Secretary of 613
747747 the State regarding a notary public; 614
748748 (8) Denial, refusal to renew, revocation, suspension or conditioning 615
749749 of a notary public appointment in another state; or 616
750750 (9) Any violation of subsection (g) of section 15 of this act regarding 617
751751 the use of remote notary technology. 618
752752 (b) In making a determination to deny, refuse to renew, revoke, 619
753753 suspend or impose a condition on a commission as notary public 620
754754 pursuant to subdivision (3) of subsection (a) of this section, the Secretary 621
755755 of the State shall consider (1) the nature and number of relevant 622
756756 convictions, (2) the recency of any conviction, (3) whether the applicant 623
757757 has successfully completed the conditions of conviction, including 624
758758 imprisonment, probation or parole, and (4) if a felony conviction, 625
759759 whether the crime involved fraud, deceit or dishonesty. The Secretary 626
760760 of the State shall not deny, refuse to renew, revoke, suspend or impose 627
761761 a condition on a commission as notary public on the basis of criminal 628
762762 conviction if the Secretary of the State finds, based on the totality of the 629
763763 circumstances, that the applicant possesses the character and fitness 630
764764 necessary to perform the duties of a notary public in a manner consistent 631
765765 with the law. The Secretary of the State shall inform all applicants that 632
766766 criminal convictions that have been expunged, pardoned or otherwise 633
767767 erased pursuant to law need not be disclosed to the Secretary of the 634 Raised Bill No. 6713
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769769
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772772
773773 State. 635
774774 (c) If the Secretary of the State denies, refuses to renew, revokes, 636
775775 suspends or imposes conditions on an appointment as a notary public, 637
776776 the applicant or notary public is entitled to timely notice and hearing in 638
777777 accordance with chapter 54 of the general statutes. 639
778778 (d) The authority of the Secretary of the State to deny, refuse to renew, 640
779779 suspend, revoke or impose conditions on an appointment as a notary 641
780780 public does not prevent a person from seeking and obtaining other 642
781781 criminal or civil remedies provided by law. 643
782782 Sec. 24. (NEW) (Effective October 1, 2023) The Secretary of the State 644
783783 shall maintain an electronic database of notaries public: 645
784784 (1) Through which a person may verify the authority of a notary 646
785785 public to perform notarial acts; and 647
786786 (2) Which indicates whether a notary public has notified the Secretary 648
787787 of the State that the notary public will be performing notarial acts on 649
788788 electronic records. 650
789789 Sec. 25. (NEW) (Effective October 1, 2023) (a) An appointment as a 651
790790 notary public does not authorize an individual to: 652
791791 (1) Assist persons in drafting legal records, conduct a real estate 653
792792 closing, give legal advice or otherwise practice law; 654
793793 (2) Act as an immigration consultant or an expert on immigration 655
794794 matters; 656
795795 (3) Represent a person in a judicial or administrative proceeding 657
796796 relating to immigration to the United States, United States citizenship or 658
797797 related matters; or 659
798798 (4) Receive compensation for performing any of the activities listed 660
799799 in subdivisions (1) to (3), inclusive, of this subsection. 661
800800 (b) A notary public shall not engage in false or deceptive advertising. 662 Raised Bill No. 6713
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805805
806806 (c) A notary public, other than an attorney licensed to practice law in 663
807807 this state, shall not use the term "notario" or "notario publico". 664
808808 (d) A notary public, other than an attorney licensed to practice law in 665
809809 this state, shall not advertise or represent that the notary public may 666
810810 assist persons in drafting legal records, give legal advice, conduct a real 667
811811 estate closing or otherwise practice law. If a notary public who is not an 668
812812 attorney licensed to practice law in this state in any manner advertises 669
813813 or represents that the notary public offers notarial services, whether 670
814814 orally or in a record, including broadcast media, print media and the 671
815815 Internet, the notary public shall include the following statement, or an 672
816816 alternate statement authorized or required by the Secretary of the State, 673
817817 in the advertisement or representation, prominently and in each 674
818818 language used in the advertisement or representation: "I am not an 675
819819 attorney licensed to practice law in this state. I am not allowed to draft 676
820820 legal records, give advice on legal matters, including immigration, or 677
821821 charge a fee for those activities." If the form of advertisement or 678
822822 representation is not broadcast media, print media or the Internet and 679
823823 does not permit inclusion of the statement required by this subsection 680
824824 because of size, it shall be displayed prominently or provided at the 681
825825 place of performance of the notarial act before the notarial act is 682
826826 performed. 683
827827 (e) Except as otherwise allowed by law, a notary public shall not 684
828828 withhold access to or possession of an original record provided by a 685
829829 person that seeks performance of a notarial act by the notary public. 686
830830 Sec. 26. (NEW) (Effective October 1, 2023) Except as otherwise 687
831831 provided in subsection (b) of section 4 of this act, the failure of a notarial 688
832832 officer to perform a duty or meet a requirement specified in sections 1 689
833833 to 30, inclusive, of this act does not invalidate a notarial act performed 690
834834 by the notarial officer. The validity of a notarial act under sections 1 to 691
835835 30, inclusive, of this act does not prevent an aggrieved person from 692
836836 seeking to invalidate the record or transaction that is the subject of the 693
837837 notarial act or from seeking other remedies based on any other provision 694
838838 of the general statutes or the law of the United States. This section does 695 Raised Bill No. 6713
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843843
844844 not validate a purported notarial act performed by an individual who 696
845845 does not have the authority to perform notarial acts. 697
846846 Sec. 27. (NEW) (Effective October 1, 2023) (a) The Secretary of the State 698
847847 shall adopt regulations, in accordance with chapter 54 of the general 699
848848 statutes, to implement the provisions of sections 1 to 30, inclusive, of this 700
849849 act. Regulations adopted regarding the performance of notarial acts 701
850850 with respect to electronic records shall not require, or accord greater 702
851851 legal status or effect to, the implementation or application of a specific 703
852852 technology or technical specification. The regulations shall: 704
853853 (1) Prescribe the manner of performing notarial acts regarding 705
854854 tangible and electronic records; 706
855855 (2) Include provisions to ensure that any change to or tampering with 707
856856 a record bearing a certificate of a notarial act is self-evident; 708
857857 (3) Include provisions to ensure integrity in the creation, transmittal, 709
858858 storage or authentication of electronic records or signatures; 710
859859 (4) Prescribe the process of granting, renewing, conditioning, 711
860860 denying, suspending or revoking a notary public appointment and 712
861861 assuring the trustworthiness of an individual holding an appointment 713
862862 as notary public; 714
863863 (5) Include provisions to prevent fraud or mistake in the performance 715
864864 of notarial acts; and 716
865865 (6) Provide for the course of study under section 22 of this act. 717
866866 (b) In adopting, amending or repealing regulations about notarial 718
867867 acts with respect to electronic records, the Secretary of the State shall 719
868868 consider, so far as is consistent with sections 1 to 30, inclusive, of this 720
869869 act: 721
870870 (1) The most recent standards regarding electronic records 722
871871 promulgated by national bodies, such as the National Association of 723
872872 Secretaries of State; 724 Raised Bill No. 6713
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876876 LCO No. 4123 27 of 35
877877
878878 (2) Standards, practices and customs of other jurisdictions that 725
879879 substantially enact the provisions of sections 1 to 30, inclusive, of this 726
880880 act; and 727
881881 (3) The views of governmental officials and entities and other 728
882882 interested persons. 729
883883 Sec. 28. (NEW) (Effective October 1, 2023) The provisions of sections 1 730
884884 to 30, inclusive, of this act do not (1) affect the validity or effect of a 731
885885 notarial act performed before October 1, 2023, or (2) apply to a judge, 732
886886 magistrate, family support magistrate or any other Judicial Branch 733
887887 employee who performs a notarial act in the course of such person's 734
888888 employment. 735
889889 Sec. 29. (NEW) (Effective October 1, 2023) In applying and construing 736
890890 the provisions of sections 1 to 30, inclusive, of this act, consideration 737
891891 shall be given to the need to promote uniformity of the law with respect 738
892892 to its subject matter among the states that enact it. 739
893893 Sec. 30. (NEW) (Effective October 1, 2023) This section and sections 1 740
894894 to 29, inclusive, of this act modify, limit and supersede the Electronic 741
895895 Signatures in Global and National Commerce Act, 15 USC 7001 et seq., 742
896896 but do not modify, limit or supersede Section 101(c) of said act, 15 USC 743
897897 7001(c), or authorize electronic delivery of any of the notices described 744
898898 in Section 103(b) of said act, 15 USC 7003(b). 745
899899 Sec. 31. Section 3-94b of the general statutes is repealed and the 746
900900 following is substituted in lieu thereof (Effective October 1, 2023): 747
901901 (a) [Except as provided in subsection (c) of this section, the] The 748
902902 Secretary of the State may appoint as a notary public any qualified 749
903903 person who submits an application in accordance with [this] section 21 750
904904 of this act. 751
905905 (b) In order to qualify for appointment as a notary public, on and after 752
906906 October 1, 2023, a person shall [: 753
907907 (1) Be eighteen years of age or older at the time of application; 754 Raised Bill No. 6713
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912912
913913 (2) (A) Be a resident of the state of Connecticut at the time of 755
914914 application and appointment, or (B) have one's principal place of 756
915915 business in the state at the time of application and appointment; 757
916916 (3) Pass a written examination approved or administered by the 758
917917 Secretary; 759
918918 (4) Submit] submit an application, on a form prescribed and provided 760
919919 by the Secretary. [, which the applicant shall complete in the applicant's 761
920920 handwriting without misstatement or omission of fact.] The application 762
921921 shall be accompanied by [(A)] (1) a nonrefundable application fee, [of 763
922922 one hundred twenty dollars, and (B) the recommendation] and (2) a 764
923923 certificate of reference, on a form prescribed by the Secretary, of an 765
924924 individual who has personally known the applicant for at least one year 766
925925 and is not legally related to the applicant. The Secretary may require 767
926926 that such application be submitted online and that the applicant provide 768
927927 identifying information, including, but not limited to, a Social Security 769
928928 number or other unique personal identifier. The Secretary shall adopt 770
929929 regulations in accordance with the provisions of chapter 54 to prescribe 771
930930 the amount of the nonrefundable application fee. Until the Secretary 772
931931 adopts regulations prescribing the nonrefundable application fee under 773
932932 this section, such fee shall be one hundred twenty dollars. 774
933933 [(c) The Secretary may deny an application based on: 775
934934 (1) The applicant's conviction of a felony or a crime involving 776
935935 dishonesty or moral turpitude; 777
936936 (2) Revocation, suspension or restriction of a notary public 778
937937 appointment or professional license issued to the applicant by this state 779
938938 or any other state; or 780
939939 (3) The applicant's official misconduct, whether or not any 781
940940 disciplinary action has resulted.] 782
941941 [(d)] (c) Upon approval of an application for appointment as a notary 783
942942 public, the Secretary shall cause a certificate of appointment [bearing a 784 Raised Bill No. 6713
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944944
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947947
948948 facsimile of the Secretary's signature and countersigned by the 785
949949 Secretary's executive assistant or an employee designated] in a form 786
950950 prescribed by the Secretary to be issued to such appointee by electronic 787
951951 means. 788
952952 [(e) A notary public may obtain a replacement certificate of 789
953953 appointment by filing a written request with the Secreta ry, 790
954954 accompanied by a nonrefundable fee of five dollars.] 791
955955 (d) Any notary public appointed under this section prior to October 792
956956 1, 2023, may continue to exercise the functions of a notary public until 793
957957 the end of the term to which such notary public was appointed and shall 794
958958 not be required to comply with the course requirements of section 22 of 795
959959 this act, or any other requirements for appointment, renewal or 796
960960 reinstatement under section 21 of this act until such notary public 797
961961 applies for renewal of such notary public's term of appointment or 798
962962 reinstatement. 799
963963 Sec. 32. Section 3-94c of the general statutes is repealed and the 800
964964 following is substituted in lieu thereof (Effective October 1, 2023): 801
965965 [(a)] A person appointed as a notary public by the Secretary of the 802
966966 State may exercise the functions of the office of notary public at any 803
967967 place within the state beginning on the date of such person's 804
968968 appointment and ending five years later on the last day of the month of 805
969969 appointment, unless (1) such appointment as a notary is suspended or 806
970970 terminated by the Secretary before the end of such term, (2) the notary 807
971971 resigns such appointment, or (3) the notary ceases to either be a resident 808
972972 of the state or have one's principal place of business in the state. 809
973973 [(b) The Secretary may, pursuant to regulations adopted in 810
974974 accordance with the provisions of chapter 54, extend or reduce, by not 811
975975 more than one year, the term of any person serving as a notary public 812
976976 on October 1, 1990, who seeks reappointment after such date, in order 813
977977 for the new term for each such notary to begin on the effective date of 814
978978 the notary's reappointment. 815 Raised Bill No. 6713
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983983
984984 (c) Within thirty days after receiving a certificate of appointment 816
985985 from the Secretary, a notary public shall record, with the town clerk of 817
986986 the municipality in the state in which the notary resides, or, if the notary 818
987987 is not a resident of the state, with the town clerk of the municipality in 819
988988 the state in which the notary's principal place of business is located, such 820
989989 certificate and such notary's oath of office taken and subscribed to by 821
990990 the notary before some proper authority. Any notary public who is a 822
991991 resident of the state and whose principal place of business is in a 823
992992 municipality within the state other than the municipality in which the 824
993993 notary resides, may also record the notary's certificate of appointment 825
994994 and oath of office with the town clerk of such other municipality. Town 826
995995 clerks or assistant town clerks may certify to the authority and official 827
996996 acts of any notary public whose certificate of appointment and oath of 828
997997 office have been recorded in the books in their charge. The failure of a 829
998998 notary public to so record such certificate of appointment and oath of 830
999999 office shall not invalidate any notarial act performed by the notary after 831
10001000 the date of such person's appointment as a notary public.] 832
10011001 Sec. 33. Section 3-94d of the general statutes is repealed and the 833
10021002 following is substituted in lieu thereof (Effective October 1, 2023): 834
10031003 (a) A notary public may apply for [reappointment on a form] a 835
10041004 renewal of such notary public's term of appointment in a format 836
10051005 prescribed and provided by the Secretary, accompanied by a 837
10061006 nonrefundable application fee. [of sixty dollars, and shall otherwise 838
10071007 comply with all requirements for being appointed and serving as a 839
10081008 notary public. Not later than ninety days before the expiration of the 840
10091009 term of a notary public, the Secretary shall send the notary a notice of 841
10101010 the expiration and a reappointment application form.] The Secretary 842
10111011 shall adopt regulations in accordance with the provisions of chapter 54 843
10121012 prescribing the amount of the nonrefundable application fee for 844
10131013 renewals. Until the Secretary prescribes a nonrefundable application fee 845
10141014 by regulation, such fee shall be sixty dollars. The Secretary shall notify 846
10151015 a notary public of the expiration of such notary public's term of 847
10161016 appointment not less than ninety days before the expiration of such 848
10171017 notary public's term of appointment by electronic means or by other 849 Raised Bill No. 6713
10181018
10191019
10201020
10211021 LCO No. 4123 31 of 35
10221022
10231023 appropriate method if electronic communication is not feasible. Failure 850
10241024 of the Secretary to provide such notification shall not invalidate the 851
10251025 expiration of a notary public's term of appointment. 852
10261026 (b) The Secretary may provide a grace period for renewal of a notary 853
10271027 public's term of appointment of not more than ninety days after the 854
10281028 expiration of such notary public's term of appointment. A notary public 855
10291029 whose term of appointment has expired for more than ninety days shall 856
10301030 be deemed to have lapsed and may apply for reinstatement through a 857
10311031 method prescribed by the Secretary. The procedures applicable for a 858
10321032 reinstatement shall be consistent with the procedures described in 859
10331033 section 3-94b, as amended by this act. 860
10341034 (c) The Secretary may condition the renewal or reinstatement of a 861
10351035 notary public's term of appointment on such notary public's successful 862
10361036 completion of a course of study, as described in section 22 of this act. 863
10371037 (d) Each application for appointment as a notary public and for 864
10381038 renewal or reinstatement of a notary public's term of appointment shall 865
10391039 be made under penalty of false statement and contain an affirmation by 866
10401040 the applicant that, if appointed, the applicant will support the 867
10411041 Constitution of the United States and the Constitution of the state of 868
10421042 Connecticut and fairly discharge, according to law, the duties of the 869
10431043 office of notary public to the best of the applicant's abilities. 870
10441044 Sec. 34. Section 3-95 of the general statutes is repealed and the 871
10451045 following is substituted in lieu thereof (Effective October 1, 2023): 872
10461046 The fee for any act performed by a notary public in accordance with 873
10471047 the provisions of the general statutes shall not exceed five dollars, or any 874
10481048 other rate prescribed by the Secretary of the State, plus an additional 875
10491049 [thirty-five cents] rate for each mile of travel, as prescribed by the 876
10501050 Secretary and not exceeding the standard mileage rate for businesses as 877
10511051 determined by the Internal Revenue Service. 878
10521052 Sec. 35. Section 1-31a of the general statutes is repealed and the 879
10531053 following is substituted in lieu thereof (Effective October 1, 2023): 880 Raised Bill No. 6713
10541054
10551055
10561056
10571057 LCO No. 4123 32 of 35
10581058
10591059 An acknowledgment of any instrument pertaining to real property 881
10601060 located in this state or a power of attorney may be made outside the state 882
10611061 before an attorney admitted to the bar in this state. The provisions of 883
10621062 this section shall not apply to any document executed on behalf of a 884
10631063 remotely located individual, as defined in section 15 of this act, in the 885
10641064 course of a real estate closing, as defined in section 51-88a. 886
10651065 Sec. 36. Section 47-7 of the general statutes is repealed and the 887
10661066 following is substituted in lieu thereof (Effective October 1, 2023): 888
10671067 (a) Notwithstanding the provisions of section 1-36, any conveyance 889
10681068 of real estate situated in this state, any mortgage or release of mortgage 890
10691069 or lien upon any real estate situated in this state, and any power of 891
10701070 attorney authorizing another to convey any interest in real estate 892
10711071 situated in this state, executed and acknowledged in any other state or 893
10721072 territory in conformity with the laws of that state or territory relating to 894
10731073 the conveyance of real estate therein situated or of any interest therein 895
10741074 or with the laws of this state, is valid. 896
10751075 (b) No county clerk's certificate or other authenticating certificate is 897
10761076 required for such conveyance, mortgage, release, lien or power of 898
10771077 attorney to be valid, provided the officer taking the acknowledgment 899
10781078 indicated thereon the date, if any, on which his current commission 900
10791079 expires. 901
10801080 (c) The provisions of this section shall not apply to any document 902
10811081 executed on behalf of a remotely located individual, as defined in 903
10821082 section 15 of this act, in the course of a real estate closing, as defined in 904
10831083 section 51-88a. 905
10841084 Sec. 37. Section 1-37 of the general statutes is repealed and the 906
10851085 following is substituted in lieu thereof (Effective October 1, 2023): 907
10861086 (a) Notwithstanding any provision in this chapter, the 908
10871087 acknowledgment of any instrument without this state in compliance 909
10881088 with the manner and form prescribed by the laws of the place of its 910
10891089 execution, if in a state, a territory or insular possession of the United 911 Raised Bill No. 6713
10901090
10911091
10921092
10931093 LCO No. 4123 33 of 35
10941094
10951095 States, or in the District of Columbia, verified by the official seal of the 912
10961096 officer before whom it is acknowledged, and authenticated in the 913
10971097 manner provided by subsection (2) of section 1-36, shall have the same 914
10981098 effect as an acknowledgment in the manner and form prescribed by the 915
10991099 laws of this state for instruments executed within the state. 916
11001100 (b) The provisions of this section shall not apply to any document 917
11011101 executed by a remotely located individual, as defined in section 15 of 918
11021102 this act, in the course of a real estate closing, as defined in section 51-919
11031103 88a, or to a document executed in connection with the (1) making and 920
11041104 execution of a will, codicil or trust, (2) execution of health care 921
11051105 instructions pursuant to section 19a-575a, (3) designation of a standby 922
11061106 guardian pursuant to section 45a-624, (4) execution of a living will as 923
11071107 defined in section 19a-570 and pursuant to section 19a-575a, (5) 924
11081108 execution of a self-proving affidavit for an appointment of health care 925
11091109 representative or for a living will under sections 1-56r and 19a-578, (6) 926
11101110 designation of a person for decision making and certain rights and 927
11111111 obligations pursuant to section 1-56r, or (7) appointment of an agent 928
11121112 under a power of attorney, as defined in section 1-350a. 929
11131113 Sec. 38. Subsection (a) of section 3-94e of the general statutes is 930
11141114 repealed and the following is substituted in lieu thereof (Effective October 931
11151115 1, 2023): 932
11161116 (a) The Secretary of the State may appoint as notaries public, in 933
11171117 accordance with the provisions of sections [3-94a] 3-94b to 3-95, 934
11181118 inclusive, as amended by this act, any number of state police majors, 935
11191119 captains, lieutenants and sergeants. The Secretary shall not charge any 936
11201120 such person an application fee. 937
11211121 Sec. 39. Sections 3-94a, 3-94f to 3-94k, inclusive, 3-94q and 3-95a of the 938
11221122 general statutes are repealed. (Effective October 1, 2023) 939
11231123 This act shall take effect as follows and shall amend the following
11241124 sections:
11251125
11261126 Section 1 October 1, 2023 New section Raised Bill No. 6713
11271127
11281128
11291129
11301130 LCO No. 4123 34 of 35
11311131
11321132 Sec. 2 October 1, 2023 New section
11331133 Sec. 3 October 1, 2023 New section
11341134 Sec. 4 October 1, 2023 New section
11351135 Sec. 5 October 1, 2023 New section
11361136 Sec. 6 October 1, 2023 New section
11371137 Sec. 7 October 1, 2023 New section
11381138 Sec. 8 October 1, 2023 New section
11391139 Sec. 9 October 1, 2023 New section
11401140 Sec. 10 October 1, 2023 New section
11411141 Sec. 11 October 1, 2023 New section
11421142 Sec. 12 October 1, 2023 New section
11431143 Sec. 13 October 1, 2023 New section
11441144 Sec. 14 October 1, 2023 New section
11451145 Sec. 15 October 1, 2023 New section
11461146 Sec. 16 October 1, 2023 New section
11471147 Sec. 17 October 1, 2023 New section
11481148 Sec. 18 October 1, 2023 New section
11491149 Sec. 19 October 1, 2023 New section
11501150 Sec. 20 October 1, 2023 New section
11511151 Sec. 21 October 1, 2023 New section
11521152 Sec. 22 October 1, 2023 New section
11531153 Sec. 23 October 1, 2023 New section
11541154 Sec. 24 October 1, 2023 New section
11551155 Sec. 25 October 1, 2023 New section
11561156 Sec. 26 October 1, 2023 New section
11571157 Sec. 27 October 1, 2023 New section
11581158 Sec. 28 October 1, 2023 New section
11591159 Sec. 29 October 1, 2023 New section
11601160 Sec. 30 October 1, 2023 New section
11611161 Sec. 31 October 1, 2023 3-94b
11621162 Sec. 32 October 1, 2023 3-94c
11631163 Sec. 33 October 1, 2023 3-94d
11641164 Sec. 34 October 1, 2023 3-95
11651165 Sec. 35 October 1, 2023 1-31a
11661166 Sec. 36 October 1, 2023 47-7
11671167 Sec. 37 October 1, 2023 1-37
11681168 Sec. 38 October 1, 2023 3-94e(a)
11691169 Sec. 39 October 1, 2023 Repealer section
11701170
11711171 Statement of Purpose:
11721172 To adopt the Connecticut Revised Uniform Law on Notarial Acts. Raised Bill No. 6713
11731173
11741174
11751175
11761176 LCO No. 4123 35 of 35
11771177
11781178 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
11791179 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
11801180 underlined.]
11811181