NOTARY PUBLIC MANUAL - Rhode Islandnotary public in ri what is a notary public? jurisdiction...

NOTARY PUBLICMANUAL

Nellie M. GorbeaSecretary of State

2019 VERSION

NOTARY PUBLIC IN RI

WHAT IS A NOTARY PUBLIC?

JURISDICTION

APPLICATION FOR NOTARY PUBLIC COMMISSION

REQUIREMENTS

NOTARY KNOWLEDGE ASSESSMENT

UPDATE OR CHANGE IN INFORMATION

COMMISSION RENEWAL

RENEWING EXPIRED COMMISSIONS

FORMS AND FEES

RETURNED APPLICATIONS

NOTARY PUBLIC COMMISSION

NOTARY PUBLIC COMMISSION CERTIFICATE

REPLACEMENT COMMISSION CERTIFICATE

RESIGNATION OR DEATH OF A NOTARY PUBLIC

REMOVAL FROM OFFICE

FEDERAL AND MILITARY NOTARIAL POWERS

CONTINUED, FEDERAL AND MILITARY NOTARIAL POWERS

SAMPLE MILITARY AND AMERICAN CONSULAR NOTARY PUBLIC STAMPS

NOTARY FEES

NOTARY TOOLS

NOTARY STAMP

REPORTING A LOST OR STOLEN NOTARY STAMP

JOURNAL OF NOTARIAL ACTS

NOTARY PUBLIC DUTIES AND RESPONSIBILITIES

POWERS OF THE NOTARY PUBLIC

NOTARIAL CERTIFICATES AND ACTS

ELECTRONIC NOTARIZATION

LIMITED POWERS OF A NOTARY PUBLIC

NOTARIAL ACTS

ACKNOWLEDGMENT

OATHS AND AFFIRMATION

JURAT

SIGNATURE WITNESSING

COPY CERTIFICATION

NOTARIZING IN SPECIAL CIRCUMSTANCES

SIGNATURE BY MARK

SIGNER PHYSICALLY UNABLE TO SIGN OR MAKE A MARK

SIGNER WHO IS BLIND

SIGNER WHO DOES NOT SPEAK ENGLISH

NOTARIZING FOR A PERSON WITH POWER OF ATTORNEY

CONTINUED, NOTARIZING IN SPECIAL CIRCUMSTANCES

SIGNER WHO IS DEAF

SIGNER WHO IS ILLITERATE

NOTARIZING AN OUT OF STATE DOCUMENT

NOTARIZING A DOCUMENT IN A FOREIGN LANGUAGE

WILLS AND “LIVING WILLS”

TRANSLATIONS

LESS COMMON NOTARIAL ACTS

CONFLICTS OF INTEREST

CONFLICTS

NOTARIZING FOR FAMILY MEMBERS

NOTARIES WHO ARE EMPLOYEES

REFUSING TO NOTARIZE

ACCEPTABLE FORMS OF IDENTIFICATION

CREDIBLE WITNESS AS IDENTIFICATION

COMPLAINTS AND NOTARY MISCONDUCT

FRAUD OR DECEIT IN OFFICE

WHO MAY FILE A COMPLAINT AGAINST A NOTARY PUBLIC?

HOW DO I FILE A COMPLAINT AGAINST A NOTARY PUBLIC?

WHAT TYPE OF ACTION MAY THE GOVERNOR AND THE RI DEPARTMENT OF ADMINISTRATION TAKE?

AUTHENTICATIONS: APOSTILLES AND CERTIFICATIONS

APOSTILLES

CERTIFICATIONS

FEDERAL OR MILITARY APOSTILLES

DEFINITIONS

NOTARY FORMS


APPENDIX

RHODE ISLAND GENERAL LAW 42-30.1

STANDARDS OF CONDUCT FOR NOTARIES PUBLIC

ELECTRONIC STANDARDS

CONTENTS

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| 3NOTARY PUBLIC MANUAL | SECRETARY OF STATE, NELLIE M. GORBEA

This manual has been created to inform and assist new and existing notaries public with understanding and performing the duties and functions of a Rhode Island Notary Public.

NOTARY PUBLIC IN RHODE ISLAND

CONTACT

MORE INFO

ADDRESS

[email protected]

401.222.3040

sos.ri.gov

@RISecState

RI Department of State 148 W. River St., Providence, RI 02904

Monday through Friday 8:30 am – 4:30 pm.

JOHANNA PETRARCA Notary Manager

WHAT IS A NOTARY PUBLIC?A Notary Public is an official of integrity commissioned to a four-year term by the Governor to serve the public as an impartial witness to the identity, comprehension, and intent of a person requesting a notarial act. Each act requires a notary to attest that certain formalities have been observed. Every notarial act affects the legal rights of others. A notary may be held personally responsible for improper, negligent or fraudulent acts.

JURISDICTIONRhode Island Notaries Public may perform notarial acts anywhere within the boundaries of the State of Rhode Island.

They may NOT perform notarial acts outside of the State of Rhode Island.

Notarial practices in the State of Rhode Island are governed by RIGL 42-30.1 and the Standards of Conduct for Notaries Public in the State of Rhode Island and Providence Plantations.

DISCLAIMER: Any statements made by the RI Department of State regarding notaries or notarial procedures are not intended as legal advice. If you have any specific legal questions regarding your conduct as a RI Notary Public, we urge you to seek professional legal advice.

http://sos.ri.gov/divisions/notary-public


REQUIREMENTSAll applicants must meet the following requirements:

› Be at least eighteen (18) years of age; › Be a citizen or permanent legal resident of the United

States;› Be a resident of or have a place of employment or

practice in this state; › Be able to read and write English; › Not be disqualified to receive a commission under

§42-30.1-16; and› Demonstrate sufficient knowledge of the powers and

duties pertaining to the Office. In addition to meeting the first six requirements, attorneys and CPAs may apply if they meet either of the below requirements in lieu of meeting the residency/nonresident requirement.

› Be an attorney, in good standing, applying as a member of the RI Bar Association; or

› Be a certified public accountant, in good standing, applying as a certified RI licensee

NOTARY KNOWLEDGE ASSESSMENTThe Notary Knowledge Assessment is a multi-question tool available on our website to help notaries fullfil the requirement of demonstrating sufficient knowledge of the powers and duties of the Office of Notary Public. It is available on our website as well as in paper form. A score of 80% or higher demonstrates sufficient knowledge of the powers and duties of the Office. Notaries who receive a score of less than 80% are strongly encouraged to review the notary manual and if necessary, take the assessment again.

UPDATE OR CHANGE IN INFORMATION Notaries are required to report updates or changes to their notary commission within 10 days of the change with the exception of updates to electronic notarization, which are to be reported within 5 days of the change. Changes or updates include name, business or residence address, employment information, telephone number(s), email address, use of electronic notarization technology or opting in or out of the notary public online city search listing.

COMMISSION RENEWAL Approximately two months prior to the notary commission expiration date, a courtesy renewal notice is mailed to the notary’s address of record with our office. The renewal application should be received in our office before the commission expiration date to maintain the same expiration day and month. Failure to return the renewal form before the expiration date will result in a new commission expiration date. Once the renewal application is processed, a new Commission Certificate for a four-year term will be issued and mailed to the notary. NOTE: Renewal applications will ONLY be processed two months prior to the expiration date.

It is the notary’s responsibility to inform the RI Department of State, Notary Section, of a change in their notary information. Failure to file the required Notary Public Information Update form (pg. 29) may result in non-delivery of the renewal notice.

RENEWING EXPIRED COMMISSIONS

A notary public’s appointment expires on the “commission expiration date” that appears on their Certificate of Appointment. Per RI General Law 42-30.1-15(g) “Every notary public appointed by the commissioning officer and not reappointed may continue to officiate for a space of thirty (30) days after the date on which his or her commission expires.” An individual whose commission has expired for more than thirty (30) days is no longer a notary public and cannot perform notarial acts.A notary that submits a renewal application 30 days past their commission expiration date, is considered a new notary applicant for qualification purposes and must meet all new notary filing requirements. This includes demonstrating sufficient knowledge of the powers and duties pertaining to the office by taking the Notary Knowledge Assessment.Once the notary returns the renewal application, the effective commission date will be the date the application is received by our office. As with most renewals, the notary will retain their original notary ID number.

RETURNED APPLICATIONS An application may be returned to an applicant for error, incompleteness or for failure to meet a requirement. A returned application will be accompanied by correspondence identifying the reason for non-acceptance. It is the responsibility of the applicant to return the application to this office.

APPLICATION FOR NOTARY PUBLIC COMMISSIONYou may download the form from our website here: Notary Application Form. Mail in the completed application along with the $80 fee for a four-year commission.

FORMSAll forms are located beginning on page 25.

http://sos.ri.gov/assets/downloads/documents/notary-application.pdf


NOTARY PUBLIC COMMISSION CERTIFICATEEach notary public is appointed by the Governor for a term of four years. The appointment is evidenced by a certificate bearing the notary’s name, the facsimile signature of the Governor and the Secretary of the State as well as the commission expiration date. Included with the certificate is a notary public pocket card with the notary’s name, expiration date and identification number. The certificate is evidence of the public office that the notary holds and should be kept in a safe place.

REPLACEMENT COMMISSION CERTIFICATE If a notary’s commission certificate has been lost, damaged, or destroyed, a replacement certificate may be obtained by requesting in writing or calling the Notary Section.

RESIGNATION OR DEATH OF A NOTARY PUBLICA notary public who ceases to meet the qualification requirements of RIGL §42-30.1-15 or who becomes permanently unable to perform their notarial duties, should resign their commission.

A notary may resign their commission at any time by submitting a Notary Information Update Form.

Upon the expiration, voluntary resignation, or revocation of a commission, all notaries, as soon as is practical, must destroy or deface all seals or stamps so that they may not be used. If the notary public elected to use a “journal of notarial acts” as a matter of good practice, the notary should retain the journal and records for seven years after the expiration, resignation or revocation.

If a notary public dies during the term of their commission, the notary’s personal representative shall, as soon as possible after the death of the notary, notify the RI Department of State, Notary Section in writing that the notary has died and provide the date of death. The notary’s personal representative must destroy or deface the notary’s stamp to prevent its unauthorized use, as well as, preserve the notarial journal, if applicable, for a period of seven years as a matter of good practice.

REMOVAL FROM OFFICERIGL §42-30.1-16

In accordance with the provisions of RIGL §42-30.1-16 a notary public’s commission may be revoked for failure to comply with notary law.

a) The Commissioning Officer may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including without limitation:

(1) Failure to comply with this chapter;

(2) A fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the Commissioning Officer and/or Agency;

(3) A conviction of the applicant or notary public of any crime that involves fraud, dishonesty, or deceit; provided that in determining whether to deny, refuse to renew, revoke, suspend, or condition the commission, the commissioning officer shall consider such factors as the seriousness of the crime; whether the crime relates directly to the training and skills needed for the commission of a notary public; how much time has elapsed since the crime was committed; and the applicant’s actions and conduct since the crime was committed;

(4) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant’s or notary public’s fraud, dishonesty, or deceit;

5) Use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary public does not have;

(6) Denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state; or

(7) Termination or revocation of a certificate of admission to the Rhode Island bar or a certificate of public accountancy.

NOTARY PUBLIC COMMISSION The Secretary of the State’s office recommends that notaries display their certificates where they perform their notarial duties.

All written requests should be returned to the RI Department of State, Notary Public Section, 148 W. River Street, Providence, RI 02904.


(b) If the Commissioning Officer denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with chapter RI General Laws 42-35-1 et seq.

(c) The authority of the Commissioning Officer to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.

(b) If the Commissioning Officer denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with chapter RI General Laws 42-35-1 et seq.

(c) The authority of the Commissioning Officer to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.

NOTARY FEESPursuant to the Standards of Conduct for Rhode Island Notaries.

A notary public may charge a fee not to exceed $5 per document/notarization; travel fees must be equal to or less than the then effective federal mileage rate as issued by the Internal Revenue Service. All fees must be posted in a conspicuous place in the notary’s place of business or upon request, fees must be disclosed to any person utilizing the services of the notary.

FEDERAL AND MILITARY NOTARIAL POWERSPursuant to Title 10 of the United States Code §1044a, certain commissioned officers, enlisted and civilian personnel are authorized to serve as federal notaries. 10 U.S.C. §1044a grants general powers of notary public to:

• All judge advocates, including reserve judge advocates when not in a duty status;

• All civilian attorneys serving as legal assistance attorneys;• All adjutants, assistant adjutants, and personnel

adjutants, including reserve members when not in a duty status;

• For the performance of notarial acts at locations outside the U.S., all employees of a military department or the Coast Guard who are designated by regulations of the Secretary concerned or by statute to have those powers for exercise outside the U.S.;

• All other members of the armed forces, including reserve members when not in a duty status, who are designated by regulations of the armed forces or by statute to have those powers.

• All civilian paralegals serving at military legal assistance offices, supervised by a military legal assistance counsel (as defined in section 1044d(g) of this title).

Federal and American Consular officers also have limited notarial powers pursuant to the 22 U.S.C. 4221. A notarizing officer includes consular officers, officers of the Foreign Service who are secretaries of embassy or legation under Section 24 of the Act of August 18, 1856, 11 Stat. 61, as amended (22 U.S.C. 4221), and such U.S. citizen Department of State employees as the Deputy Assistant Secretary of State for Overseas Citizens Services may designate for the purpose of performing notarial acts overseas pursuant to section 127(b) of the Foreign Relations Authorization Act, Fiscal Years 1994-1995, Pub. L. 103-236, April 30, 1994 (‘designated employees”). The authority of designated employees to perform notarial services shall not include the authority to perform authentications, to notarize patent applications, or take testimony in a criminal action or proceeding pursuant to a commission issued by a court in the United States, but shall otherwise encompass all notarial acts, including but not limited to administering or taking oaths, affirmations, affidavits or depositions.

Federal and military notarial powers include the administration of oaths and affirmations, administering acknowledgments and certifying copies.

Sample Military and American Consular seals

http://sos.ri.gov/assets/downloads/documents/notary-standards-of-conduct-for-notaries-amended.pdf



NOTARY STAMPRhode Island General Law requires the use of a notary stamp when notarizing documents. The stamp shall be in round (circular) or rectangular form with an edge border surrounding the required elements of the stamp. The stamp must include the notary’s name exactly as it appears on their commission, the words “NOTARY PUBLIC” and “RHODE ISLAND.” The stamp may also include the notary’s identification number and commission expiration date. A notary’s stamp is the exclusive property of the notary; it may not be used by any other person.

For notaries who have an embosser and wish to continue using it, they must render the seal with the ability to be photocopied and/or scanned. This may be accomplished through the use of a pre-inked seal highlighter. The highlighter is a round stamp pad that is used in conjunction with the embosser to make the embossed seal inked.

Sample of Stamps:

REPORTING A LOST OR STOLEN NOTARY STAMPAny notary public whose stamp is lost, misplaced, destroyed, broken, damaged, stolen or otherwise unworkable should immediately deliver written notice of that fact to the Rhode Island Department of State. If and when the notary’s stamp is recovered or replaced, written notice of the recovery or replacement should also be delivered immediately to the Rhode Island Department of State, Notary Division, 148 West River Street, Providence, RI 02904.

JOURNAL OF NOTARIAL ACTS National best practices also strongly suggest that all notaries should use a journal. Many notaries find that using a journal is a protective measure and a very beneficial tool. A journal should be a permanently bound book that creates and preserves a chronological record of performed notarial acts. RI general law does not mandate that notaries use a journal of notarial acts. Notaries electing to use a journal should as a matter of good practice, record the following per the RI Notary Public Standards of Conduct:

1. The date and time of the notarial act, proceeding or transaction;

2. The type of notarial act;

3. The type, title or a description of the document, transaction or proceeding. If multiple documents are signed by the same principal in the course of a transaction or during a single time (i.e.) real estate closings, mortgage discharges, state laboratory drug analysis certificates, etc.), a single journal entry shall be sufficient;

4. The signature, printed name and address of each principal and witness;

5. Description of the satisfactory evidence of identity of each person including:

i. A statement that the person is “personally known to me;” or

ii. A notation of the type of identification document, the issuing agency, its serial or identification number and its date of issuance or expiration;

1. If the identification number on the document is the person’s Social Security number, instead of including the number, write in the words “Social Security number” or the acronym “SSN;” or

iii. A notation if the notary public identified the individual on the oath or affirmation of a credible witness or based on the notary’s personal knowledge of the individual;

6. The fee, if any, charged for the notarial act; and

A notary public should record in the journal the circumstances for not completing a notarial act.

NOTARY TOOLSNotaries public must use a Stamp with every notarization and we strongly recommend the use of a Journal to keep track of their notarial acts.


POWERS OF THE NOTARY PUBLICNotaries Public in RI may, within this state, perform the following notarial acts: acknowledgments, oaths and affirmations, jurats, signature witnessing, copy certifications, issuance of subpoenas and deposition of witnesses (the last two acts, should only be performed by persons having expertise in commercial transactions or by a stenographer).

It is crucial that a notary public demonstrate and have sufficient knowledge of the powers and duties pertaining to notaries public because a notary may be liable for losses that result from improper performance of their duties.

Notary Standards of Conduct

RIGL 42-30.1

ELECTRONIC NOTARIZATIONAn electronic notarization or notarial act means a notarization performed by a Rhode Island notary public who has registered to perform electronic acts on or involving an electronic record using a tamper-evident technology approved by the Rhode Island Department of State.

Notaries may apply to perform electronic notarizations at the time of application, at the time of renewal or by submitting the Notary Public Information Update form. Please refer to the State of Rhode Island Electronic Notarization Standards for procedures and specific requirements.

• In accordance with the provisions of RIGL 42-30.1-14, a notary public may perform electronic notarizations by selecting one or more tamper-evidence technologies approved by the Rhode Island Department of State.

• Prior to performing e-notarizations, the notary must register with the Rhode Island Department of State and identify the technology they intend to use.

• All requirements and elements of paper-based notarizations apply to electronic notarizations.

• The liability, sanctions, and remedies of the improper performance of electronic notarial acts are the same as described and provided by law for improper performance of paper-based notarial acts.

Electronic Standards

NOTARIAL CERTIFICATES AND ACTSA notarial certificate is a part of, or an attachment to, a notarized document that is completed by the notary public, bears the notary’s signature and seal and states the facts attested by the notary in a particular notarization. Except for Oaths and Affirmations, all notarial acts require a notarial certificate to be completed. There are 5 general notarial acts: acknowledgment, oath and affirmation, jurat, signature witnessing and copy certification. Notaries public should not affix their official signature or seal on a notarial certificate that is incomplete.

The sample notarial certificates provided by the commissioning agency are not intended to replace or supersede the existing forms commonly used in conveyances of real estate or other legal documents within the State of RI, and in particular, those forms of certificates for notarial acts approved by any committee of the RI Bar Association.

A notary public is not required to use these notarial certificates if another certificate is printed on the form that contains express prohibition against altering that form or if the form has an alternative certificate from another State if the document is to be filed or recorded in, or governed by the law of that other State.


Except for Oaths and Affirmations, all notarial acts must include the corresponding notarial certificate.

x


http://webserver.rilin.state.ri.us/Statutes/TITLE42/42-30.1/INDEX.HTM



UNAUTHORIZED PRACTICE OF LAW

A notary public, other than an attorney licensed to practice law in this state, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law.

ADVERTISING DISCLAIMER• A notary public, other than an attorney licensed

to practice law in this state, may not use the term “notario” or “notario público”.

• If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, …the notary public shall include the following statement, or an alternate statement authorized or required by the commissioning agency, in the advertisement or representation, prominently and in each language used in the advertisement or representation: “I am not an attorney licensed to practice law in this state. I am not licensed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.” This statement should be in the same language as the advertisement, notice, letterhead or sign.

• A notary public may not engage in false or deceptive advertising.

RESTRICTIONS OF CONDUCT• A notary public does not have the duty or authority

to investigate the lawfulness, propriety, accuracy or truthfulness of a document or transaction involving a notarial act.

• A notary public should not influence a person either to enter into or avoid a transaction involving a notarial act by the notary. The notary may advise against a transaction if the notary knows or has good reason to believe that the associated transaction is unlawful. The notary may provide advice relating to a transaction if the notary is duly qualified, trained or experienced in a particular industry or professional field.

• A notary public may not act as an immigration consultant or expert on immigration matters.

LIMITED POWERS OF A NOTARY PUBLIC

I am not an attorney licensed to practice law in this state. I am not licensed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.

INCLUDE THIS LANGUAGE ON YOUR ADVERTISEMENT, LETTERHEAD OR SIGN:


ACKNOWLEDGMENTAn acknowledgment is a notarial act in which an individual, at a single time and place:

• Appears in person before the notary public and presents a document;

• Is personally known to the notary public or is identified by the notary through satisfactory evidence of identity; and

• Indicates to the notary public that the signature on the document was voluntarily affixed by the individual for the purposes stated within the document and, if applicable, that the individual had authority to sign in a particular representative capacity.

The emphasis, when a notary performs an acknowledgment, is on the free act and deed of the signer and the verification of their identity.

STEPS TO PERFORM AN ACKNOWLEDGMENTAcknowledgements may be performed as a paper or electronic notarization.

Signer must personally appear on the date and in the place indicated on the notarial certificate.

1 Review the document to determine the document type and the notarial act to be performed.

2 Identify the signer through personal knowledge or an accepted form of identification.

3 Verify that the signature on the document is the signer’s, either by watching them sign the document or if it has already been signed, by comparing the signature to the one on the signer’s ID and the signature made by the signer in the notary’s journal.

4 Have the signer verbally acknowledge that their signature was made competently and voluntarily.

5 Complete the notarial certificate. Sign the certificate, print your name, write your title “Notary Public,” list your commission expiration date, commission ID number and affix your notary stamp. Complete the journal entry.


NOTARIAL ACTS

State of Rhode IslandCounty of __________________________

On this ________ day of _________________,20_, before me, the undersigned notary public, personally appeared _______________________________________(name of document signer), and proved to me through satisfactory evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged that they signed it voluntarily for its stated purpose.

(official signature and stamp of notary)_____________Printed Name, ID NumberNotary PublicMy Commission expires:______________________

Sample Acknowledgment Notarial Certificate:x

An acknowledgment is the only notarial act that may be signed ahead of time by the signer. The signing does not have to take place before the notary.


OATH AND AFFIRMATIONAn oath is a notarial act, or part thereof, which is legally equivalent to an affirmation, in which an individual, at a single time and place:

• Appears in person before the notary public;


• Makes a vow of truthfulness or fidelity under the pains and penalties of perjury by invoking a deity or using any form the word “swear.”

The person taking the oath or affirmation shall raise their right hand as the notary administers the oath and should answer “I do.”


NOTARIAL ACTS

STEPS TO PERFORM AN OATH OR AFFIRMATIONThe person must personally appear before the notary public.

1 Identify the person through personal knowledge or an accepted form of identification.

2 Administer the oath or affirmation by

having the person raise their right hand and administer the oath or affirmation aloud.

3 Complete the journal entry.

An affirmation is a notarial act, or part thereof, that is legally equivalent to an oath in which an individual, at a single time and place:

• Appears in person before the notary public;


• Makes a vow of truthfulness or fidelity under the pains and penalties of perjury based on personal honor and without invoking a deity or using any form of the word “swear.”


JURATA jurat is a notarial act in which an individual, at a single time and place:


• Is personally known to the notary public or is identified by the notary through satisfactory evidence of identity;

• Signs the document in the presence of the notary public; and

• Takes an oath or affirmation before the notary public vouching for the truthfulness or accuracy of the signed document.

The emphasis, when a notary performs a jurat is on the accuracy of the statements in the document and the signer’s identity.

A jurat is a notarial act where the document signer swears (oath) to or affirms (affirmation) the truthfulness of the contents of a document.


NOTARIAL ACTS

STEPS TO PERFORM A JURATA Jurat may be performed as a paper or electronic notarization.




3 Have the signer verbally acknowledge they are signing the document competently and voluntarily.

4 Watch the signer affix their signature or mark to the document.

5 Administer the oath or affirmation aloud.



Subscribed and sworn to (or affirmed) before me on this ________ day of _________________,20_, by ________________________________________________ who proved to me through satisfactory evidence of identification to be the person who appeared before me.


Sample Jurat Notarial Certificatex


SIGNATURE WITNESSINGSignature witnessing is a notarial act in which an individual, at a single time and place:



• Signs the document in the presence of the notary public.

The emphasis, when a notary performs a signature witnessing, is to establish the document was signed on a specific date.

When performing a signature witnessing the Notary Public must witness the signer affixing their signature to a document.


On this ________ day of _________________,20_, before me, the undersigned notary public, personally appeared _______________________________________ (name of signer), and proved to me through satisfactory evidence of identification to be the person whose name is signed on the preceding or attached document in my presence.


Sample of a Signature Witnessing Notarial Certificate:

STEPS TO PERFORM A SIGNATURE WITNESSINGA Signature Witnessing may be performed as a paper or electronic notarization.




3 Have the signer verbally acknowledge that they are signing the document competently and voluntarily.

4 Watch the signer affix their signature or the mark to the document.


x


NOTARIAL ACTS


COPY CERTIFICATIONA copy certification is a notarial act in which a notary public:

• Is presented with a document that is neither a vital record, nor a publicly recordable document of which a certified copy may be available from an official source other than a notary public; and

• Copies or supervises the copying of the document using a photographic or electronic copying process; or

• Compares the document to the copy; and

• Determines that the copy is accurate and complete; and

• Applies an acknowledgment to the document attesting to the above-listed facts.

The emphasis, when a notary performs a copy certification, is to make an accurate and complete copy.

When performing a copy certification the notary must make sure that the copy is the same as the original by either copying the document themselves or witnessing the photocopying of the document.

x


On this ________ day of _________________,20_, I certify that this is a true, exact, complete, and unaltered copy made by me of ________________________(insert description of the document), presented to me by _____________________________________________________, and to the best of my knowledge the copied document is neither a vital record nor a publicly recordable document, certified copies of which may be available from an official source other than a notary.


Sample of Copy Certifications Notarial Certificate:x

STEPS TO PERFORM A COPY CERTIFICATION

A Copy Certification may be performed as a paper or electronic notarization.

1 Verify that the document is one that a RI notary may lawfully copy and certify.

2 Personally photocopy or supervise the copying of the document.

3 Compare the document to the original to determine that the copy is accurate and complete.


5 Write the details of the copy certification in your notary journal.


NOTARIAL ACTS


SIGNATURE BY MARKA notary public may certify the affixation of a signature by mark on a document presented for notarization if:

• The principal affixes the mark in the presence of the notary public and two witnesses unaffected by the document;

• Both witnesses sign their names beside the mark;

• The notary public writes below the mark: “Mark affixed by (name of signer by mark) in the presence of (names and addresses of witnesses) and undersigned notary; and

• The notary public notarizes the signature by mark through an acknowledgment, jurat or signature witnessing.

SIGNER PHYSICALLY UNABLE TO SIGN OR MAKE A MARKThe notary public may sign the name of a principal who is physically unable to sign or make a mark on a document presented for notarization if:

• The principal directs the notary public to do so in the presence of two witnesses who are unaffected by the document;

• The principal does not have a demeanor that causes the notary public to have a compelling doubt about whether the principal knows the consequences of the transaction requiring the notarial act;

• In the notary public’s judgment, the principal is acting of their own free will;

• The notary public signs the principal’s name in the presence of the principal and the witnesses;

• Both witnesses write their names beside their signatures;

• The notary public writes below the signature: “Signature affixed by notary public in the presence of (names and addresses of principal and two witnesses);” and

• The notary public notarizes the signature through an acknowledgment, jurat or signature witnessing.

SIGNER WHO IS BLIND• The notary public should read the document to the

signer before performing the notarial act.

• The notary may wish to add a statement in their notarial certificate indicating the following: “I further certify that I read the document to (name of signer) prior to notarization.”

• Unless the notary is also an attorney, the notary cannot advise the person about the contents of the document; however, they may re-read any portion of the document to the person.

SIGNER WHO DOES NOT SPEAK ENGLISH• The nature and effect of the document should be

translated into a language that the person does understand. The translation does not need to be in written form; an oral translation is sufficient.

• If the notary speaks the language of the signer, the notarization may proceed, if not, an interpreter may be used. Best practices strongly suggest that the notary should administer an oath or affirmation to the interpreter attesting to the accuracy of the translation.

• The notary should add a statement in their notarial certificate noting that a translator was used by writing something substantially similar to: “I certify that the nature and effect of the document was translated for (name of signer) by (name of translator) before notarization.

NOTARIZING FOR A PERSON WITH POWER OF ATTORNEY• If a signer indicates that they have power of attorney

over the grantor the document should be signed as attorney-in-fact: for example, John Doe as attorney-in-fact for Betty Smith.

• It is strongly recommended as a best practice, that the notary verify the authority of the signer by requesting a copy of the power of attorney.

• Note the capacity of the signer in the notarial certificate.


If a circumstance is not addressed here, please contact the Notary Section.?


SIGNER WHO IS DEAF• Unless the notary and the signer are competent in

sign language, they should communicate in writing.

• The notary should write a comment in their journal regarding how they communicated with the signer.

SIGNER WHO IS ILLITERATE• The notary should read the document to the

document signer before performing the notarial act.

• The notary should add a statement to the notarial certificate substantially similar to, “I certify that I read the document to (name of signer) prior to performing the notarial act.”

NOTARIZING AN OUT OF STATE DOCUMENTRI notaries public may notarize an out of state document so long as the signer(s) personally appear before the notary and the document does not specifically state that the document must be notarized by a notary from that state. All other RI notarial procedures and laws must be followed by the notary public.

NOTARIZING A DOCUMENT IN A FOREIGN LANGUAGEA notary public may notarize a document in a foreign language even if the notary does not understand the language of the document. However, the notarial certificate must be in English or other language the notary public reads and writes. The letters and characters in the document’s signature and in any ID document presented must also be understood by the notary. It is important that the notary be able to communicate with the signer.

WILLS AND “LIVING WILLS”A will is a document providing instructions for the disposition of a signer’s estate and finances after the signer’s death. A living will is a written statement of a signer’s wishes concerning medical treatment in the event the signer’s health condition prevents the individual from providing instructions on their own behalf.

Notarizing a will is a serious matter because of the importance and complexity of the document. Notaries should be careful when asked to notarize a will. A document presented to a notary as a will should be notarized only if clear instructions and the appropriate notarial certificates are provided to the notary. Performing a notarial act on its own does not make a will “legal” or “valid” and it is important that notaries do not offer any advice regarding preparation or the legal effects of a will. A notary may not determine what type of notarial act or certificate is needed for a will, even if asked to do so by the signer. Such questions should be referred to a qualified attorney.

A “living will” may be notarized in the standard manner. All practices required by law or RI Notary Public Standards of Conduct, such as the signer appearing in person before the notary and being positively identified, should be followed.

TRANSLATIONSA notary public has no authority to certify translations. If a notary public has the ability to prepare translations of documents from one language to another, they may not notarize any documents that they themselves have translated. The accuracy of the translation can be made under oath, but the oath and notarial certificate must be completed by another notary, or by another person authorized to administer oaths. The notary cannot perform both acts in connection with the same document.




LESS COMMON NOTARIAL ACTSDeposition of Witnesses

• A deposition is a signed transcript of an oral statement made by an individual (the “deponent”) for use in a legal matter.

• RI notaries public are empowered to take depositions of witnesses to be used in the trial of any civil suit, action, petition, or proceeding in which they are not an interested party, counsel, or the attorney of either party per RIGL § 9-18-1.

Issuance of Subpoenas

• A subpoena is an order that requires its recipient to appear before a court.

• RI notaries public are empowered to issue subpoenas to witnesses in any case, civil or criminal before any court, and in any matter before any body or person authorized by law to summon witnesses per RIGL § 9-17-3.

• Per RIGL § 8-8.2-4, notaries public are also empowered to issue subpoenas returnable before the traffic tribunal.

Protests & Protesting Bills of Exchange and Promissory Notes

• A protest is a certificate of dishonor under the hand and seal of a notary public.

• RI notaries public may act, transact, do, and finish all matters and things related to protests and protesting bills of exchange and promissory notes per RIGL § 42-30.1-2.

CASE STUDY: WHY IS PHYSICAL PRESENCE IMPORTANT?Joan is a notary and owns a small service agency. Scott came into the office one day with a deed signed by his wife Susan and requested Joan to notarize her signature.

Susan was home sick, but Scott brought Susan’s driver’s license with him. At Scott’s suggestion and just to be on the “safe side,” Joan called Susan at home to verify her signature.

The woman identifying herself as Susan confirmed that she had signed the document voluntarily and wanted her signature notarized. Joan proceeded to perform the notarial act.

Should Joan have notarized Susan’s signature?

NO!

Now, for the real story…

Unknown to Joan, Scott was planning to divorce Susan and he wanted their home transferred to his name first. Scott forged Susan’s signature on the deed and took her driver’s license without her knowledge.

The woman that Joan spoke to on the phone was actually Scott’s girlfriend! The case ended up in divorce court and Susan was given her portion of the property.

The Governor’s Office revoked Joan’s notary commission and will not appoint her again as a notary. She now has a difficult time working in the service agency without a notary commission.


CONFLICTSA notary public should not perform a notarial act if the notary public is a party to or is named in the document that is to be notarized, except that a notary may notarize a document if the notary is named in the document for the sole purpose of receiving notices relating to the document and except that a notary who is licensed as an attorney in the State of RI and is named as an executor, trustee or in any fiduciary capacity in a document, or employees of such attorney, may perform notarial acts concerning such document.

A notary public should not perform a notarial act if the notary public will receive as a direct result of the notarial act any commission, fee, advantage, right, title, interest, cash, property or other consideration exceeding in value the fees set forth in Section 4(3) of the Standards of Conduct for Notaries Public, or has any financial interest in the subject matter of the document. This section shall not preclude a notary who is licensed as an attorney in the State of RI or any employee of such attorney where the attorney receives a legal fee for professional legal services in connection with such document.

NOTARIZING FOR FAMILY MEMBERSA notary public should not perform a notarial act for a spouse, domestic partner, parent, guardian, child or sibling of the principal, including in-law, step, or half relatives, except where such persons witness a will or other legal document prepared by the notary who is an attorney licensed in the State of RI.

NOTARIES WHO ARE EMPLOYEESA notary public owns their commission, stamp and journal regardless of whether or not their employer paid for said commission and notary tools. This means that the notary must keep their stamp and journal under their control at all times and not surrender them to anyone, including an employer. Also, a notary public must always follow RI General Law and the Standards of Conduct for Notaries Public when notarizing including physical appearance. Employers cannot prohibit a notary from performing their duties nor limit when a notary may perform notarial acts.

REFUSING TO NOTARIZEA notary public may refuse to perform a notarial act if:

• The signer is not physically present;

• The signer cannot be adequately identified;

• The signer is unwilling to swear or affirm to the contents of the document presented for notarizations that require an oath or affirmation;

• The principal has a demeanor that causes the notary public to have a compelling doubt about whether the principal knows the consequences of the transaction or document requiring the notarial act;

• If in the notary’s judgment, the principal is not acting of their own free will;

• If the notary public knows that the document contains information known or believed by the notary to be false;

• If the notary knows there is intent to deceive or defraud;

• If the notary knows the notarial act or associated transaction is unlawful;

• If the act is prohibited by other applicable law;

• If the number of notarial acts requested practicably precludes completion of all acts at once, in which case the notary public shall arrange for later completion of the remaining acts.

CONFLICTS OF INTEREST

! A notary public should not notarize for family members as indicated below.

A notary public should not refuse to perform a notarial act solely based on the principal’s race, advanced age, gender, sexual orientation, religion, national origin, health or disability.


Identification of an individual is based on at least one current document issued by a Federal, State, or tribal government bearing a photo image of the individual’s face and signature. Credible witnesses may also be used when following the guidelines below.

For a person who is not a United States citizen, “satisfactory evidence of identity” shall mean identification of an individual based on a valid passport, or another government-issued document evidencing the individual’s nationality or residence, that bears a photographic image of the individual’s face and signature.

ACCEPTABLE FORMS OF IDENTIFICATION INCLUDE:• Driver’s license or identification card issued by the

RI Division of Motor Vehicles or by another state, Canada, Mexico or a territory of the United States

• Valid Passport issued by the U.S. Department of State or by a foreign government

• Identification card issued by any branch of the U.S. armed forces

• All Identification must be either current or expired not more than three years.

Copies of identification are not acceptable forms of ID.

CREDIBLE WITNESS FOR IDENTIFICATIONThe credible witness must be:

• Personally known to the signer

• Identified by the notary by satisfactory evidence of identification

• Physically in the notary’s presence at the time of notarization

• An unbiased third party who has no interest in, or benefit from, the transaction

• Placed under oath

Best practices encourage the notary to include a note in their journal noting that a credible witness was used and the name of the credible witness, as well as, the identification used.

ACCEPTABLE FORMS OF IDENTIFICATION

Physical Presence is always required.

CASE STUDY: DO I REALLY NEED TO SEE IDENTIFICATION?

Tom Brady came into a local bank to have his signature notarized on a contract between him and his agent. Adrianna, the notary and a faithful fan of Tom Brady, was star-struck upon meeting him.

Tom apologized when he explained that he forgot his wallet containing his identification at home.

Adrianna decided that she could state that she personally knew Tom, since she had seen all his games. She stated “personally known” in the notarial certificate.

Adrianna completed the notarization, got Tom’s autograph on a scrap of paper, and screamed with excitement after Tom left.

Should Adrianna have notarized Tom’s signature without requiring identification?

NO!

Now, for the real story…

Tom Brady disagreed with his agent on the agent’s proposed fee on the new contract they were negotiating, and Tom refused to sign the contract.

The agent forged Tom’s signature on the contract and hired a “look-alike” to present the document for notarization.

Poor Tom is now in court fighting with his agent and Adrianna has been subpoenaed to testify. Adrianna is scared to death, embarrassed at her error, and now knows that her Tom Brady autograph is a fake!

Be careful when you state that you personally know someone. This story is purely fictional, but could actually happen to you if you aren’t careful. Our apologies to Mr. Brady and his agent.

“Personally known” means that your acquaintance of and association with the individual establishes that person’s identity with reasonable certainty.


RIGL §42-30.1-16 Notaries Public

Pursuant to RIGL §42-30.1-16 and the RI Administrative Procedures Act, notary complaints and misconduct are the purview of the RI Governor and are investigated by the Department of Administration.

RIGL §42-30.1-21 Notary public – Fraud or deceit in office.A notary public, who in the exercise of the powers, or in the performance of such office, shall practice any fraud or deceit, the punishment for which is not otherwise provided for by law, shall be guilty of a misdemeanor and fined not more than one thousand dollars ($1,000), or imprisoned not more than one year, or both.

WHO MAY FILE A COMPLAINT AGAINST A NOTARY PUBLIC?Any identifiable person may file a complaint against a Notary Public who is alleged to have violated the Standards of Conduct for Notaries Public.

HOW DO I FILE A COMPLAINT?To file a complaint against a notary public, the complaint must be made in writing. It should include the complainant’s name and contact information, the respondent/notary public’s contact information and the nature of the complaint/allegation of the violation, including the date of the alleged act, witnesses and any facts deemed relevant to the allegation.

WHAT TYPE OF ACTION MAY THE GOVERNOR AND THE RI DEPARTMENT OF ADMINISTRATION TAKE?

Upon completion of its investigation, the Department may take one of the following actions:

• If the Department determines that the Complaint fails to establish Reasonable Cause for a finding of a violation of the Standards, the Department shall take no action on the Complaint, so advising the Complainant and Respondent in writing; or,

• If the Department determines that the Complaint establishes Reasonable Cause, the Department shall take such action as it deems appropriate under applicable law and the rules and regulations adopted pursuant thereto, including the removal or suspension of the Notary Public in accordance with RIGL §42-30.1-16. The Department will provide the following notice to the Respondent via regular and certified mail, postage pre-paid, a notice of determination which shall provide:

• A statement of legal authority and jurisdiction to proceed;

• A statement of the allegations and findings, including a copy of the Complaint;

• Reference to particular statutes, rules or Standards that appear to have been violated;

• A statement of the sanctions to be imposed; and,

• An opportunity to request a hearing within twenty (20) days of the mailing of the determination notice.

COMPLAINTS AND NOTARY MISCONDUCT

! Questions about filing a complaint: Please call the RI Department of Administration at 401-222-8880.

FORM

Notary Complaint Form

Department of Administration, One Capitol Hill Providence, RI 02908

401-222-8880

http://sos.ri.gov/assets/downloads/documents/notary-complaint-form.pdf


APOSTILLESDocuments that are going to be used outside of this country may require authentication of the official’s signature, capacity and seal. The Department of State can authenticate RI public officials’ signatures. Notaries Public, Clerks of the Court, and the State Registrar of Vital Records are among the most frequently authenticated public official signatures.

An apostille is a form of authentication established at the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, to which the United States is a subscriber. An apostille is used to authenticate public documents, certifying the authenticity of the issuing official’s or notary public’s signature on the document, the capacity in which the person has acted, and identifies the seal/stamp which the document bears. Apostilles are used as transmittal on documents executed in one subscribing country that are being sent to another subscribing country.

CERTIFICATIONSA certification is a form of authentication used for countries that do not participate in the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents. A certification is used to authenticate public documents, certifying the authenticity of the issuing official’s or notary public’s signature on the document, the capacity in which the person has acted, and identifies the seal/stamp which the document bears. These documents typically require additional authentication by the U.S. Department of State after receiving state authentication.

FEDERAL OR MILITARY APOSTILLESTo authenticate the signature of a Federal or U.S. Military official, the document must be presented to the U.S. Department of State’s Authentication Office. Click here to learn more.

AUTHENTICATIONS: APOSTILLES AND CERTIFICATIONS

! Apostilles and Certifications may be requested in person or by mail.

NEED TO KNOW• Provide the name of the country to which

the documents will be sent.

• Submit the original or certified copy of the document(s) that you wish to have an apostille or certification attached to.

• Mailed requests are processed daily. A mailed request will be returned to you by first class mail. A self-addressed/stamped envelope will help expedite delivery time. If overnight service is required, a pre-addressed, pre-paid air bill must be included with the request.

TO REQUEST Apostille Order Forms:• Apostille Order Form - In-Person• Apostille Order Form - By Mail Fee of $5.00 per apostille or certification being requested. Checks or money orders should be made payable to the RI Department of State.

Division of Business Services RI Department of State 148 West River Street Providence, RI 02904

$

https://travel.state.gov/content/travel/en/legal-considerations/judicial/authentication-of-documents/apostille-requirements.html

https://travel.state.gov/content/travel/en/legal-considerations/judicial/authentication-of-documents/apostille-requirements.html

http://sos.ri.gov/assets/downloads/documents/authentication-order-form-in-person.pdf

http://sos.ri.gov/assets/downloads/documents/authentication-order-form-mail.pdf


DEFINITIONS

(1) “Acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.

(2) “Affirmation” means a notarial act, or part thereof, that is legally equivalent to an oath in which an individual, at a single time and place:

(a) appears in person before the notary public;

(b) is personally known to the notary public or is identified by the notary through satisfactory evidence of the identity; and

(c) makes a vow of truthfulness or fidelity under the pains and penalties of perjury based on personal honor and without invoking a deity or using any form of the word “swear.”

(3) “Commission” means both to empower to perform notarial acts and the written evidence of authority to perform those acts.

(4) “Commissioning agency” means the Rhode Island office of the secretary of state.

(5) “Commissioning officer” means the governor of the state of Rhode Island.

(6) “Copy certification” means a notarial act in which a notary public:

(1) is presented with a document that is neither a vital record, a public record nor publicly recordable; and

(2) copies or supervises the copying of the document using a photographic or electronic copying process; or

(3) compares the document to the copy; and

(4) determines that the copy is accurate and complete; and

(5) applies an acknowledgment to the document owner’s signature attesting to the above listed facts.

(7) “Credible witness” means an honest, reliable, and impartial person who personally knows an individual appearing before a notary public and takes an oath or affirmation from the notary to vouch for that individual’s identity.

(8) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(9) “Electronic signature” means an electronic symbol, sound, or process attached to, or logically associated with, a record and executed or adopted by an individual with the intent to sign the record.

(10) “In a representative capacity” means acting as:

(i) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;

(ii) A public officer, personal representative, guardian, or other representative, in the capacity stated in a record;

(iii) An agent or attorney-in-fact for a principal; or

(iv) An authorized representative of another in any other capacity.

(11) “Journal of notarial acts” or “journal” means a permanently bound book that creates and preserves a chronological record of notarizations performed by a notary public.

(12) “Jurat” means a notarial act in which an individual, at a single time and place:

(1) appears in person before the notary public and presents a document;

(2) is personally known to the notary public or is identified by the notary through satisfactory evidence of the identity;

(3) signs the document in the presence of the notary public; and

(4) takes an oath or affirmation before the notary public vouching for the truthfulness or accuracy of the signed document.

As they appear in the RI Notary Standards of Conduct and the General Laws.?


(13) “Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes 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, noting a protest of a negotiable instrument and transact, do and finish all matters and things relating to protests and protesting bills of exchange and promissory notes, and all other matters within their office required by law, take depositions as prescribed by law, and acknowledgments of deeds and other instruments.

(14) “Notarial Certificate” and “Certificate” mean the part of, or an attachment to, a notarized document that is completed by the notary public, bears the notary’s signature and seal and states the facts attested by the notary in a particular notarization.

(15) “Notarial officer” means a notary public or other individual authorized to perform a notarial act.

(16) “Notarization” has the same meaning ascribed to “notarial act” in Section 42-30.1-2 of the Rhode Island General Laws.

(17) “Notary public” means an individual commissioned to perform a notarial act by the commissioning officer.

(18) “Oath” means a notarial act, or part thereof, which is legally equivalent to an affirmation, and in which an individual, at a single time and place:

(1) appears in person before the notary public;

(2) is personally known to the notary public or is identified by the notary through satisfactory evidence of the identity; and

(3) makes a vow of truthfulness or fidelity under the pains and penalties of perjury by invoking a deity or using any form of the word “swear.”

(19) “Official stamp” means a physical image affixed to a tangible record or an electronic image attached to, or logically associated with, an electronic record.

(20) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited-

liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(21) “Personal appearance” means that the principal and the notary public are physically close enough to see, hear, communicate with and hand identification documents to each other.

(22) “Personal knowledge of the identity” as used in the Uniform Law on Notarial Acts means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to dispel any reasonable uncertainty that the individual has the identity claimed.

(23) “Principal” means a person whose signature is notarized, or a person other than a credible witness, taking an oath or affirmation from the notary public.

(24) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(25) “Regular place of work or business” means a stationary office or workspace where one spends most of one’s working or business hours.

(26) “Satisfactory evidence of the identity” has the meaning ascribed to it in Section 42-30.1- 6(b) of the Rhode Island General Laws.

(27) “Sign” means, with present intent to authenticate or adopt a record:

• (i) To execute or adopt a tangible symbol; or

• (ii) To attach to, or logically associate with, the record an electronic symbol, sound, or process.

• (28) “Signature” means a tangible symbol or an electronic signature that evidences the signing of a record.

(29) “Signature witnessing” means a notarial act in which an individual, at a single time and place:

(1) appears in person before the notary public and


presents a document;

(2) is personally known to the notary public or is identified by the notary through satisfactory evidence of the identity; and

(3) signs the document in the presence of the notary public.

(30) “Stamping device” means:

(i) A physical device capable of affixing an official stamp upon a tangible record; or

(ii) An electronic device or process capable of attaching to, or logically associating an official stamp with, an electronic record.

(31) “State” means a state of the United States of America, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(32) “Verification on oath or affirmation” means a declaration that a statement in a record is true, made by an individual under oath or by affirmation before a notarial officer.


NOTARY FORMSApplication for Appointment to Office of Notary Public


NOTARY FORMSApplication for Appointment to Office of Notary Public - Page 2


Application for Reappointment/Renewal to Office of Notary Public

NOTARY FORMS


Application for Reappointment/Renewal to Office of Notary Public - Page 2

NOTARY FORMS


Notary Public Information Update - Page 1

NOTARY FORMS


NOTARY FORMSNotary Public Information Update - Page 2

e) New Telephone Number(select one: home work cell ) f) New Email Address

g) New Employment InformationName of Employer/Business Employer/Business Telephone Number (include area code)

Employer/Business Address City/Town State Zip Code

5. Applicant: I declare and affirm that I have examined this Notary Public Information Update and all statements contained herein are true and correct.

Type or Print Name of Notary Date

Signature of Notary

6. Notary: To be completed ONLY if if this Notary Public has changed their name. State County

Subscribed and sworn to before me this day of , 20 .

Signature of Notary Public

Commission ID Commission Expiration Date

If you have any questions, please call us at (401) 222-3040, Monday through Friday, between 8:30 a.m. and 4:30 p.m., or email [email protected] NOTARY INFO UPDATE - Revised: 01/2019

NOTARYSTAMP


NOTARY KNOWLEDGE ASSESSMENTNotary Knowledge Assessment - Page 1

1. True or False. A notary public who commits fraud or deceit in the exercise of his/her duties may be imprisoned, fined or both. True False

2. True or False. If someone else presents the signer’s valid identification, a Notary may notarize the signature of a signer who has not physically appeared before them. True False

3. A credible identifying witness can be used as an alternative to an expired form of identification if: The credible witness meets all criteria The signer’s ID has been expired for more under federal law. three years.

The credible witness meets all criteria The signer has known the witness for at under Rhode Island state law. least six months.

4. True or False. Except for the administration of an Oath or Affirmation, all notarial acts require a notarial certificate to be completed. True False

5. What information should be entered in the venue section of a notarial certificate? The location where the notary’s The location of the notary’s business address. commission is filed. The location of the signer’s home address. The location where the notarization takes place. 6. The maximum fee a Notary may charge for a notarial act is: Up to $10 Up to $1 Up to $20 Up to $5

7. The two most common notarial acts are: Acknowledgments and copy certifications Acknowledgments and jurats Protests and acknowledgments Jurats and copy certifications

FORSECRETARY OF STATE

USE ONLY

State of Rhode Island and Providence PlantationsDepartment of State - Business Services Division/Notary


All notary applicants are required to know the powers and duties of the Rhode Island Office of Notary Public. This twenty question assessment will help you determine if you have gained sufficient knowledge of the office’s powers and duties. The assessment is available online at www.sos.ri.gov/divisions/notary-public

Notary Public Knowledge Assessment - 01/2019Page 1 of 3



Notary Public Knowledge Assessment - 01/2019



8. What is the difference between an oath and an affirmation? An oath is taken verbally, an affirmation An oath is a promise to a higher power, an is a promise in writing. affirmation is a promise made on personal honor.

An oath is taken in court, but an affirmation An oath is a promise made before a judge, an is taken anywhere. affirmation is a promise made before a civilian.

9. A jurat is a notary act that: Is identical to an acknowledgment. Is only administered to a member of a jury in a court.

Requires a Notary to administer an oath or Requires the signer to appear before a judge. affirmation to a signer.

10. True or False. When you print and sign your name on a notarial certificate, it should always match the name that appears on your notary commission.

True False

11. When identifying an individual, a notary may accept the following forms of identification (Current or expired not more than 3 years.): A driver’s license or identification card issued A passport issued by the U.S. Department of by a U.S. Division of Motor Vehicles, Canada, State or by a foreign government. Mexico, or other territory of the U.S.

Identification card issued by any branch of All responses are acceptable forms of the U.S. armed forces. identification.

12. True or False. “Personally known” means that you have known the signer for a sufficient amount of time and you are absolutely certain that the signer has the identity claimed.

True False

13. Yes or No. Your roommate just introduced their cousin to you and then asked if you could notarize a document for them. For purposes of notarizing the document, can you consider your roommate’s cousin to be “personally known” to you?

Yes No

Page 2 of 3





14. True of False. The use of a notary stamp is optional for a notary public in the State of Rhode Island.

True False

15. Which notarial act allows a signer to affix their signature to a document before they appear in front of a notary? Jurat Acknowledgment Signature Witnessing

16. When performing an Acknowledgment, which step is not required? Watch the signer affix their signature Have the signer verbally acknowledge that their to the document. signature was made competently and voluntarily.

Compare the signature on the document to Identify the signer through personal knowledge signer’s ID and the signer’s signature in or an accepted form of identification. your notary journal. 17. True or False. A non-attorney notary public may not use the term “notario” or “notario publico.” A non- attorney notary that advertises notarial services should prominently display in any advertisement “I am not an attorney and have no authority to give advice on immigration or other legal matters.” This disclaimer should be displayed in the same language as the advertisement. True False

18. A notary stamp must be round (circular) or rectangular with an edged border and include the following elements. Choose all that apply: Notary’s name exactly as it appears on Words “NOTARY PUBLIC” and “RHODE ISLAND.” their commission.

The notary’s identification number. The notary’s expiration date.

19. True or False. The notary’s tools (commission, stamp, and journal) are the exclusive property of the notary, they may not be used by any other person. True False

20. True or False. If a notary leaves their job and their employer paid the commission filing fee, the notary must surrender their stamp and/or journal to employer. True False

A score of 80% or higher demonstrates sufficient knowledge. Please review the notary manual and if necessary, take the assessment again. To obtain the assessment answer sheet, email [email protected] or call 401-222-3040.

Notary Public Knowledge Assessment - 01/2019Page 3 of 3

CHAPTER 42-30.1 Uniform Law on Notarial Acts [Effective

January 1, 2019] Index Of Sections

• § 42-30.1-1. Title. [Effective January 1, 2019.] • § 42-30.1-2. Definitions. [Effective January 1, 2019.] • § 42-30.1-3. Authority to perform notarial act. [Effective January 1, 2019.] • § 42-30.1-4. Requirements for certain notarial acts. [Effective January 1,

2019.] • § 42-30.1-5. Personal appearance required. [Effective January 1, 2019.] • § 42-30.1-6. Identification of individual. [Effective January 1, 2018.] • § 42-30.1-7. Authority to refuse to perform notarial act. [Effective January 1,

2019.] • § 42-30.1-8. Signature if individual unable to sign. [Effective January 1,

2019.] • § 42-30.1-9. Notarial act in this state. [Effective January 1, 2019.] • § 42-30.1-10. Notarial act in another state. [Effective January 1, 2019.] • § 42-30.1-11. Notarial act under federal authority. [Effective January 1,

2019.] • § 42-30.1-12. Foreign notarial act. [Effective January 1, 2019.] • § 42-30.1-13. Official stamp. [Effective January 1, 2019.] • § 42-30.1-14. Notification regarding performance of notarial act on

electronic record – Selection of technology. [Effective January 1, 2019.] • § 42-30.1-15. Commission as notary public – Qualifications – No immunity or

benefit. [Effective January 1, 2019.] • § 42-30.1-16. Grounds to deny, refuse to renew, revoke, suspend, or

condition commission of notary public. [Effective January 1, 2019.] • § 42-30.1-17. Database of notaries public. [Effective January 1, 2019.] • § 42-30.1-18. Prohibited acts. [Effective January 1, 2019.] • § 42-30.1-19. Validity of notarial acts. [Effective January 1, 2019.] • § 42-30.1-20. Fees for authentication of a notary public signature. [Effective

January 1, 2019.] • § 42-30.1-21. Notary public – Fraud or deceit in office. [Effective January 1,

2019.] • § 42-30.1-22. Notary public commission effect. [Effective January 1, 2019.] • § 42-30.1-23. Savings clause. [Effective January 1, 2019.]

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• § 42-30.1-24. Relation to electronic signatures in global and national commerce act. [Effective January 1, 2019.]

SECTION 42-30.1-1

§ 42-30.1-1. Title. [Effective January 1, 2019.] This chapter shall be known and may be cited as the Uniform Law on Notarial Acts. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-2. Definitions. [Effective January 1, 2019.] For purposes of this chapter, the following definitions apply:

(1) "Acknowledgment" means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.

(2) "Commissioning agency" means the Rhode Island office of the secretary of state.

(3) "Commissioning officer" means the governor of the state of Rhode Island.

(4) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(5) "Electronic signature" means an electronic symbol, sound, or process attached to, or logically associated with, a record and executed or adopted by an individual with the intent to sign the record.

(6) "In a representative capacity" means acting as:

(i) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;

(ii) A public officer, personal representative, guardian, or other representative, in the capacity stated in a record;



(iii) An agent or attorney-in-fact for a principal; or

(iv) An authorized representative of another in any other capacity.

(7) "Notarial act" means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes 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, noting a protest of a negotiable instrument and transact, do and finish all matters and things relating to protests and protesting bills of exchange and promissory notes, and all other matters within their office required by law, take depositions as prescribed by law, and acknowledgments of deeds and other instruments.

(8) "Notarial officer" means a notary public or other individual authorized to perform a notarial act.

(9) "Notary public" means an individual commissioned to perform a notarial act by the commissioning officer.

(10) "Official stamp" means a physical image affixed to a tangible record or an electronic image attached to, or logically associated with, an electronic record.

(11) "Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(13) "Sign" means, with present intent to authenticate or adopt a record:

(i) To execute or adopt a tangible symbol; or

(ii) To attach to, or logically associate with, the record an electronic symbol, sound, or process.

(14) "Signature" means a tangible symbol or an electronic signature that evidences the signing of a record.

(15) "Stamping device" means:

(i) A physical device capable of affixing an official stamp upon a tangible record; or

(ii) An electronic device or process capable of attaching to, or logically associating an official stamp with, an electronic record.

(16) "State" means a state of the United States of America, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(17) "Verification on oath or affirmation" means a declaration that a statement in a record is true, made by an individual under oath or by affirmation before a notarial officer. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-3. Authority to perform notarial act. [Effective January 1, 2019.] A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this chapter. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-4. Requirements for certain notarial acts. [Effective January 1, 2019.] (a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.

(b) A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.

(c) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and signing the record has the identity claimed. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-5. Personal appearance required. [Effective January 1, 2019.] If a notarial act relates to a statement made in, or a signature executed upon, a record, the individual making the statement or executing the signature shall appear personally before the notarial officer. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-6. Identification of individual. [Effective January 1, 2018.] (a) A notarial officer has personal knowledge of the identity of an individual appearing before the notarial officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty regarding the legal identity of the individual.

(b) A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the notarial officer can identify the individual:

(1) By means of:

(i) A passport, driver's license, or government-issued, non-driver identification card, that is current or expired not more than three (3) years before performance of the notarial act; or

(ii) Another form of government identification issued to an individual that is current or expired not more than three (3) years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the notarial officer; or

(c) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the notarial officer of the identity of

the individual. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-7. Authority to refuse to perform notarial act. [Effective January 1, 2019.] (a) A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that:

(1) The individual executing the record is competent or has the capacity to execute the record; or

(2) The individual's signature is knowingly and voluntarily made.

(b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-8. Signature if individual unable to sign. [Effective January 1, 2019.] If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert "Signature affixed by (name of other individual) at the direction of (name of individual)" or words of similar import. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.) § 42-30.1-9. Notarial act in this state. [Effective January 1, 2019.] The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-10. Notarial act in another state. [Effective January 1, 2019.] (a) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by:

(1) A notary public of that state;

(2) A judge, clerk, or deputy clerk of a court of that state; or

(3) Any other individual authorized by the law of that state to perform the notarial act.

(b) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(c) The signature and title of a notarial officer described in subsection (a)(1) or (a)(2) of this section conclusively establish the authority of the officer to perform the notarial act. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-11. Notarial act under federal authority. [Effective January 1, 2019.] (a) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:

(1) A judge, clerk, or deputy clerk of a court;

(2) An individual in military service, or performing duties under the authority of military service, who is authorized to perform notarial acts under federal law;

(3) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or

(4) Any other individual authorized by federal law to perform the notarial act.

(b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.

(c) The signature and title of an officer described in subsection (a)(1), (a)(2), or (a)(3) of this section conclusively establish the authority of the officer to perform the notarial act. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-12. Foreign notarial act. [Effective January 1, 2019.] (a) In this section, "foreign state" means a government other than the United States of America or a state not including the state of Rhode Island.

(b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state, the act has the same effect under the law of this state as if performed by a notarial officer of this state.

(c) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

(d) The signature and official stamp of an individual holding an office described in subsection (c) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.

(e) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-13. Official stamp. [Effective January 1, 2019.] The official stamp of a notary public must:

(1) Include the notary public's name, the words "notary public", jurisdiction, and other information required by the rules of the commissioning agency; and

(2) Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated;

(3) This section shall not preclude a notarial officer who is a member of the general assembly in this state from notarizing a document without the use of a stamp on the floor of the general assembly during open session. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-14. Notification regarding performance of notarial act on electronic record – Selection of technology. [Effective January 1, 2019.] (a) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.

(b) Before a notary public performs the notary public's initial notarial act with respect to an electronic record, a notary public shall notify the commissioning agency that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the commissioning agency has established standards for approval of technology, the technology must conform to the standards. If the technology conforms to the standards, the commissioning agency shall approve the use of the technology. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-15. Commission as notary public – Qualifications – No immunity or benefit. [Effective January 1, 2019.] (a) A notarial act may be performed in this state by:

(1) A notary public of this state;

(2) An individual qualified under subsection (b) of this section may apply to the commissioning officer for a commission as a notary public. The applicant shall comply with the information required herein and pay the sum of eighty dollars ($80.00).

(b) An applicant for a commission as a notary public must:

(1) Be at least eighteen (18) years of age;

(2) Be a citizen or permanent legal resident of the United States;

(3) Be a resident of or have a place of employment or practice in this state;

(4) Be able to read and write English;

(5) Not be disqualified to receive a commission under § 42-30.1-16; and

(6) Demonstrate sufficient knowledge of the powers and duties pursuant to the requirements of this chapter.

(c) A member in good standing of the Rhode Island bar and certified public accountants under § 5-3.1-5, shall, regardless of residence, be appointed a notary public upon application and presentment of a certified copy of their certificate of admission to the bar or certificate of public accountancy;

(d) Every state senator, state representative, member of a city or town council, chief, deputy, and assistant clerk of any state court, clerks of the board of canvassers and workers' compensation court, municipal clerks, and the board of canvassers registrar may be appointed a notary public following election, appointment, or hiring, as applicable, and upon application and presentment of reasonable evidence of the office or employment, and shall retain the appointment throughout the uninterrupted duration and term of the office, appointment, or employment;

(1) No notary public set forth in subsection (d) shall be required to pay an application fee. The notaries public set forth in subsection (d) must complete the appropriate oath of office as set forth in subsection (2). The notaries public set forth in subsection (d) who may be reappointed or continued in office, may continue to officiate while in office without taking a new oath of office.

(2) Before issuance of a commission as a notary public, an applicant for the commission shall execute an oath of office and submit it to the commissioning agency.

(e) Two (2) police officers from each state and local police department of this state, as identified in writing by the chief of police.

(f) On compliance with this section, the commissioning officer shall issue a commission as a notary public to an applicant for a term of four (4) years.

(g) Every notary public appointed by the commissioning officer and not reappointed may continue to officiate for a space of thirty (30) days after the date on which his or her commission expires.

(h) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-16. Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public. [Effective January 1, 2019.] (a) The commissioning officer may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including without limitation:

(1) Failure to comply with this chapter;

(2) A fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the commissioning officer and/or agency;

(3) A conviction of the applicant or notary public of any crime that involves fraud, dishonesty, or deceit; provided that in determining whether to deny, refuse to renew, revoke, suspend, or condition the commission, the commissioning officer shall consider such factors as the seriousness of the crime; whether the crime relates directly to the training and skills needed for the commission of a notary public; how

much time has elapsed since the crime was committed; and the applicant's actions and conduct since the crime was committed;

(4) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty, or deceit;

(5) Use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary public does not have;

(6) Denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state; or

(7) Termination or revocation of a certificate of admission to the Rhode Island bar or a certificate of public accountancy.

(b) If the commissioning officer denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with chapter 35 of this title.

(c) The authority of the commissioning officer to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-17. Database of notaries public. [Effective January 1, 2019.] The commissioning agency shall maintain an electronic database of notaries public:

(1) Through which a person may verify the authority of a notary public to perform notarial acts; and

(2) That indicates whether a notary public has notified the commissioning agency that the notary public will be performing notarial acts on electronic records.

History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-18. Prohibited acts. [Effective January 1, 2019.] (a) A commission as a notary public does not authorize an individual to:

(1) Assist persons in drafting legal records, give legal advice, or otherwise practice law;

(2) Act as an immigration consultant or an expert on immigration matters;

(3) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or

(4) Receive compensation for performing any of the activities listed in this subsection.

(b) A notary public may not engage in false or deceptive advertising.

(c) A notary public, other than an attorney licensed to practice law in this state, may not use the term "notario" or "notario publico".

(d) A notary public, other than an attorney licensed to practice law in this state, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the commissioning agency, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in this state. I am not licensed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities." If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.

(e) Except as otherwise allowed by law, a notary public may not withhold access to, or possession of, an original record provided by a person that seeks performance of a notarial act by the notary public. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-19. Validity of notarial acts. [Effective January 1, 2019.] Except as otherwise provided in § 42-30.1-3(b), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the law of this state other than this chapter or law of the United States of America. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-20. Fees for authentication of a notary public signature. [Effective January 1, 2019.] A fee of five dollars ($5.00) shall be charged and collected by the office of the secretary of state for the authentication or certification of the signature of a notary public. In any event where the office of the secretary of state shall authenticate or certify the signatures of a notary public upon multiple relevant documents presented simultaneously, and all of which documents pertain to the same matter or transaction and are to be filed at one time, the aggregate fee charged for the authentications or certifications shall be the lesser of the above-referenced fee charged per each authentication or certification, or one hundred fifty dollars ($150). History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

§ 42-30.1-21. Notary public – Fraud or deceit in office. [Effective January 1, 2019.] A notary public who, in the exercise of the powers or in the performance of the

duties of the office, shall practice any fraud or deceit, the punishment for which is not otherwise provided for by law, shall be guilty of a misdemeanor and fined not more than one thousand dollars ($1,000), or imprisoned not more than one year, or both. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.) § 42-30.1-22. Notary public commission effect. [Effective January 1, 2019.] A commission as a notary public in effect on January 1, 2019, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after January 1, 2019, is subject to and shall comply with this chapter. A notary public, in performing notarial acts after January 1, 2019, shall comply with this chapter. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.) § 42-30.1-23. Savings clause. [Effective January 1, 2019.] This chapter does not affect the validity or effect of a notarial act performed before January 1, 2019. History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.) § 42-30.1-24. Relation to electronic signatures in global and national commerce act. [Effective January 1, 2019.] This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b). History of Section. (P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)

BY HER EXCELLENCY

GINA M. RAIMONDO, GOVERNOR OF THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

&

BY THE HONORABLE

NELLIE M. GORBEA, SECRETARY OF STATE, STATE OF RHODE ISLAND AND PROVIDENCE

PLANTATIONS

EFFECTIVE AS OF JANUARY 1, 2019

STANDARDS OF CONDUCT FOR NOT ARIES PUBLIC IN THE

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

Section 1: Applicability

(a) All notaries public should adhere to these Standards of Conduct for Notaries Public in theState of Rhode Island and Providence Plantations ("Standards of Conduct"). These Standardsof Conduct will be considered by the Governor in the appointment, reappointment andremoval of notaries public from their commissions.

(b) Nothing in these Standards of Conduct supersedes the provisions of any court rule, includingcourt forms; the Rhode Island General Laws, including but not limited to Title 42, Chapter30.1 (the "Uniform Law on Notarial Act"); any Federal statute; or any regulation adoptedpursuant to the Rhode Island General Laws or Federal statute.

Section 2: Definitions

Terms used but not otherwise defined below shall have the meanings ascribed to them in Section 42-30.1-2 of the Rhode Island General Laws.

(a) "Affirmation" means a notarial act, or part thereof, that is legally equivalent to an oath in whichan individual, at a single time and place:

( 1) appears in person before the notary public;

(2) is personally known to the notary public or is identified by the notary through satisfactoryevidence of the identity; and

(3) makes a vow of truthfulness or fidelity under the pains and penalties of perjury based onpersonal honor and without invoking a deity or using any form of the word "swear."

(b) "Commission" means both to empower to perform notarial acts and the written evidence ofauthority to perform those acts.

(c) "Copy certification" means a notarial act in which a notarypublic:

( 1) is presented with a document that is neither a vital record, a public record nor publiclyrecordable; and

(2) copies or supervises the copying of the document using a photographic or electroniccopymg process; or

(3) compares the document to the copy; and

( 4) determines that the copy is accurate and complete; and

(5) applies an acknowledgment to the document owner's signature attesting to the above listedfacts.

(d) "Credible witness" means an honest, reliable, and impartial person who personally knows anindividual appearing before a notary public and takes an oath or affirmation from the notary tovouch for that individual's identity.

(e) "Journal of notarial acts" or "journal" means a permanently bound book that creates andpreserves a chronological record of notarizations performed by a notary public.

(f) "Jurat" means a notarial act in which an individual, at a single time and place:

( 1) appears in person before the notary public and presents a document;

(2) is personally known to the notary public or is identified by the notary through satisfactoryevidence of the identity;

(3) signs the document in the presence of the notary public; and

(4) takes an oath or affirmation before the notary public vouching for the truthfulness oraccuracy of the signed document.

(g) "Notarization" has the same meaning ascribed to "notarial act" in Section 42-30.1-2 of the RhodeIsland General Laws.

(h) "Notarial Certificate" and "Certificate" mean the part of, or an attachment to, a notarizeddocument that is completed by the notary public, bears the notary's signature and seal and states thefacts attested by the notary in a particular notarization.

(i) "Oath" means a notarial act, or part thereof, which is legally equivalent to an affirmation, and inwhich an individual, at a single time and place:

( 1) appears in person before the notary public;

(2) is personally known to the notary public or is identified by the notary through satisfactoryevidence of the identity; and

2

(3) makes a vow of truthfulness or fidelity under the pains and penalties of perjury by invoking adeity or using any form of the word "swear."

(j) "Personal appearance" means that the principal and the notary public are physically close enough to see, hear, communicate with and hand identification documents to each other.

(k) "Personal knowledge of the identity" as used in the Uniform Law on Notarial Acts meansfamiliarity with an individual resulting from interactions with that individual over a period of timesufficient to dispel any reasonable uncertainty that the individual has the identity claimed.

(l) "Principal" means a person whose signature is notarized, or a person other than a crediblewitness, taking an oath or affirmation from the notary public.

(m) "Regular place of work or business" means a stationary office or workspace where one spendsmost of one's working or business hours.

(n) "Satisfactory evidence of the identity" has the meaning ascribed to it in Section 42-30.1-

6(b) of the Rhode Island General Laws.

( o) "Signature witnessing" means a notarial act in which an individual, at a single time andplace:

( 1) appears in person before the notary public and presents a document;

(2) is personally known to the notary public or is identified by the notary throughsatisfactory evidence of the identity; and

(3) signs the document in the presence of the notary public.

Section 3: Scope and Description of Duties

(a) A notary public may perform the following notarial acts: acknowledgments, oaths andaffirmations, jurats, signature witness, copy certifications, issuance of subpoenas and deposition ofwitnesses.

(b) In completing a notarial act, a notary public should sign his or her name exactly as it appears onthe notary's commission, write the title "Notary Public" after his or her signature, list his or hercommission expiration date and list his or her notary identification number. Applicants must usetheir full first and last name (full middle name or middle initial is optional) or first initial, fullmiddle and last name on the application. Neither initials alone nor a nickname will be accepted.Whatever form the applicant's name is used on the application must be consistently usedthroughout the duration of the applicant's notary commission when performing notarial acts, e.g., anotary commissioned as John R. Doe may not perform notarial acts as John Roe Doe or J. RoeDoe.

( c) A notary public may charge a fee not to exceed $5 per document/notarization; travel fees must be

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equal to or less than the then effective federal mileage rate as issued by the Internal Revenue Service. All fees must be posted in a conspicuous place in the notary's place of business or upon request, fees must be disclosed to any person utilizing the services of the notary.

( d) A notary public has neither the duty nor the authority to investigate, ascertain or attest to thelawfulness, propriety, accuracy or truthfulness of a document or transaction involving a notarialact.

( e) The Rhode Island General Laws require the use of a notary stamp when notarizing documents.The stamp shall be in round ( circular) or rectangular form with an edge border surrounding therequired elements of the stamp.

The stamp must include the notary's name exactly as it appears on his or her commission and thewords "NOTARY PUBLIC" and "RHODE ISLAND." The stamp may also include the notary'sidentification number and commission expiration date.

A notary's stamp is the exclusive property of the notary; it may not be used by any other person. Thissection shall not preclude a notary who is a member of the General Assembly in the State of RhodeIsland from notarizing a document without the use of the stamp on the floor of the General Assemblyduring open session.

(f) Each notary public should develop and adhere to his or her own "standard operating procedure"when notarizing instruments. This will benefit the notary ifhe or she is ever required to testify ashow a particular instrument was notarized. A notary may find the use of a "journal of notarial acts"to be a beneficial tool. Notaries electing to use a "journal of notarial acts" should as a matter ofgood practice record the following:

( 1) the date and time of the notarial act;

(2) the type and description of the notarial act and document notarized;

(3) the signature, printed name and address of each principal and witness;

( 4) description of the satisfactory evidence of the identity of each person;

( 5) the fee, if any, charged for the notarial act; and

( 6) the circumstances for not completing a notarial act.

A notary public should not record a Social Security or credit card number in the journal

The keeping of a journal is recommended as best practice but not required. These Standards of

Conduct shall not be construed to impair or infringe in any way on the attorney-client privilege

or the attorney work product doctrine.

(g) Certificates for Notarial Acts

(i) A notary public should take the acknowledgment of the signature or mark of personsacknowledging for themselves or in any representative capacity by using substantially

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the following form:

State of ---------

County of ---------

On this ___ day of ____ , 20 _, before me, the undersigned notary public, personally appeared (name of document signer), and provided to me, through satisfactory evidence of the identification, which was ___________ to be the person whose name is signed on the preceding or attached document, and acknowledged that s/he signed the document voluntarily for its stated purpose.

Notary Public [Typed or Printed Notary Public Name] [Notary ID Number]

My commission expires: ______ _

(ii) A notary public should use ajurat certificate in substantially the following form innotarizing a signature or mark on an affidavit or other sworn or affirmed writtendeclaration:

State of ---------

County of _______ _

Subscribed to and sworn to (or affirmed) before me on this __ day of _____ , 20_, by (name of document signer), who proved to me through satisfactory evidence of the identification to be the person who appeared before me.


My commission expires: _______ _

(iii) A notary public should witness a signature in substantially the following form innotarizing a signature or mark to confirm that it was affixed in the notary's presencewithout administration of an oath oraffirmation:

State of ---------

County of ---------

On this __ day of _____ ,20_, before me, the undersigned notary public, personally appeared (name of document signer), and proved through satisfactory evidence of identification, to be the person whose name is signed on document in my presence.

Notary Public [Typed or Printed Notary Public Name]

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[Notary ID Number]

My Commission expires: _______ _

(iv) A notary public should certify a copy by using substantially the following form:

State of---------

County of ________ _

On this_ day of ____ ,20_, I certify that the document is a trne, exact, complete, andunaltered copy made by me of __________ (description of the document),presented to me by __________ , and to the best of my knowledge the copieddocument is neither a vital record nor a publicly recordable document that may be availableas a certified copy from an official source other than a notary public.


My Commission expires: _______ _

(h) A notary public may certify the affixation of a signature by mark on a document presented fornotarization if:

( 1) the principal affixes the mark in the presence of the notary public and of 2 witnessesunaffected by the document;

(2) both witnesses sign their own names beside the mark;

(3) the notary public writes below the mark: "Mark affixed by (name of signer by mark) inthe presence of (names and addresses of witnesses) and undersigned notary; and

(4) the notary public notarizes the signature by mark through an acknowledgment, jurat orsignature witnessing.

(i) The notary public may sign the name of a principal who is physically unable to sign or make amark on a document presented for notarization if:

( 1) the principal directs the notary public to do so in the presence of 2 witnesses who areunaffected by the document;

(2) the principal does not have a demeanor that causes the notary public to have acompelling doubt about whether the principal knows the consequences of the transactionrequiring the notarial act;

(3) in the notary public's judgment, the principal is acting of his or her own free will;

(4) the notary public signs the principal's name in the presence of the principal and the

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witnesses;

(5) both witnesses sign their own names beside the signature;

(6) the notary public writes below the signature: "Signature affixed by notary public in thepresence of (names and addresses of principal and 2 witnesses);" and

(7) the notary public notarizes the signature through an acknowledgment, jurat or signaturewitnessing.

U) This section does not require a notary public to use the forms set forth above if the form ofacknowledgment, jurat, signature witnessing or copy certification of a document contains analternative form from another State if the document is to be filed or recorded in, or governed by thelaws of that other State.

(k) This section does not require a notary public to use the forms set forth above if the form ofacknowledgment, jurat, signature witnessing or copy certification appears on a printed form thatcontains an express prohibition against altering that form.

(1) The forms of certificates for notarial acts set forth in this section are not intended to replace orsupersede the existing forms commonly used in conveyances of real estate or in other legaldocuments within the State of Rhode Island, and in particular, those forms of certificates fornotarial acts approved by any committee of the Rhode Island Bar Association.

(m) Requirements for electronic notarizations:

(1) A notary public may perform electronic notarizations with software approved by the RhodeIsland Department of State the requirements pursuant to Section 42-30.1-14 of the RhodeIsland General Laws. The notary must register and provide a sample of the notary's signatureand official electronic stamp in addition to the eNotary capability they intend to use with theRhode Island Department of State before performing any notary act.

(2) All requirements and elements of paper-based notarization apply to electronic notarizations.

(3) The liability, sanctions, and remedies for the improper performance of electronic notarial actsare the same as described and provided by law for the improper performance of nonelectronic notarial acts.

Section 4: Prohibited Acts

(a) A notary public should not perform a notarial act if:

(1) the document presented for a certification is a vital record, a public record or a publiclyrecorded document that is available as a certified copy from an official source other than anotary public;

(2) the notary public is a party to or is named in the document that is to be notarized, except thata notary may notarize a document if the notary is named in the document for the sole purposeof receiving notices relating to the document and except that a notary who is licensed as an

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attorney in the State of Rhode Island and is named as an executor, trustee or in any fiduciary capacity in a document, or employees of such attorney, may perform notarial acts concerning such document;

(3) the notary public will receive as a direct result of the notarial act any commission, fee,advantage, right, title, interest, cash, property or other consideration exceeding in value thefees set forth in these Standards of Conduct or has any financial interest in the subject matterof the document. This section shall not preclude a notary who is licensed as an attorney in theState of Rhode Island or any employee of such attorney where the attorney receives a legalfee for professional legal services rendered in connection with such document; the notarypublic is a spouse, domestic partner, parent, guardian, child or sibling of the principal,including in-law, step, or half relatives, except where such persons witness a will orother legal document prepared by the notary who is an attorney licensed in the State ofRhode Island.

(b) A notary public should not refuse to perform a notarial act solely based on the principal's race,advanced age, gender, sexual orientation, religion, national origin, health ordisability.

(c) A notary public should not influence a person either to enter into or avoid a transactioninvolving a notarial act by the notary, except that the notary may provide advice relating tothat transaction if the notary is duly qualified, trained or experienced in a particular industryor professional field.

( d) A notary public should not execute a certificate containing information known or believed bythe notary to be false.

(e) A notary public should not affix an official signature or stamp on a notarial certificate that isincomplete.

(f) A notary public should not provide or send a signed or stamped notarial certificate to anotherperson with the understanding that it will be completed or attached to a document outside ofthe notary's presence.

( 1) in connection with a commercial, non-consumer transaction, a notary public may delivera signed, stamped or signed and stamped notarial certificate to an attorney with theunderstanding that:

(i) the attorney will attach the certificate to a document outside of the notary'spresence; and

(ii) the attorney will hold such notarial certificate in escrow; and(iii) the attorney informs the notary that the attorney will obtain the approval of the

principal, or principals, involved before attaching the certificate to the document.

(g) A notary public should not notarize a signature on a blank or incomplete document, except inconnection with a commercial, non-consumer transaction, a notary may deliver a signed,stamped, or signed and stamped notarial certificate to an attorney with the understanding that:

( 1) the attorney will attach the certificate to a document outside of the notary's presence; and(2) the attorney will hold such notarial certificate in escrow; and

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(3) the attorney informs the notary that the attorney will obtain the approval of the principalor principals involved before attaching the certificate to the document.

(h) A notary public should not perform any official act with the intent to deceive or defraud.

(i) A notary public should not influence a person either to enter into or avoid a transaction involving anotarial act by the notary, except that the notary may advise against a transaction if the notaryknows or has good reason to believe that the associated transaction is unlawful.

Section 5: Change of Name or Address and Loss of Stamp.

Within 10 days after the change of a notary public's residence or name, the notary should file with the Rhode Island Department of State, Notary Public Section, a Change of Address or Change of Name form. The required forms can be obtained from the Notary Public Section, 148 W. River Street, Providence, RI 02904 or wvvw.sos.ri.gov).

Any notary public whose stamp is lost, misplaced, destroyed, broken, damaged, stolen or otherwise unworkable should immediately deliver written notice of that fact to the Rhode Island Department of State. If and when the notary's stamp is recovered or replaced, written notice of the recovery or replacement should also be delivered immediately to the Rhode Island Department of State, Notary Division, 148 West River Street, Providence, RI 02904.

Section 6: Notification of Resignation or Death

(a) A notary public who ceases to meet the statutory qualifications or who becomes permanentlyunable to perform his or her notarial duties, should resign his or her commission.

(b) A notary public who resigns his or her commission should send to the Rhode IslandDepartment of State by any means that provides a tangible receipt or acknowledgment,including certified mail and electronic transmission, a signed notice indicating theeffective date of the resignation.

( c) If a notary public dies during the term of his or her commission, the notary's personalrepresentative, as soon as reasonably practicable after death, should notify the RhodeIsland Department of State of the death in writing by any means that provides a tangiblereceipt or acknowledgment, including certified mail and electronic transmission. Thenotary's personal representative should also comply with Section 7 of this document.

Section 7: Duties at the End of the Commission

When a notary public commission expires, is resigned, or is revoked, the notary should:

(a) As soon as reasonably practicable, destroy or deface all notary stamps so that they may not beused:and

(b) If the notary public elected to use a "journal of notarial acts" as a matter of good practice,the notary should retain the journal and records for seven years after the date ofexpiration, resignation or revocation.

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notarial act by the notary, except that the notary may advise against a transaction if the notary knows or has good reason to believe that the associated transaction is unlawful.

Section 5: Change of Name or Address and Loss of Stamp.

Within 10 days after the change of a notary public's residence or name, the notary should file with the Rhode Island Department of State, Notary Public Section, a Change of Address or Change of Name form. The required forms can be obtained from the Notary Public Section, 148 W. River Street, Providence, RI 02904 or ( 401) 222-1487 or www.sos.ri.gov) Any notary public whose stamp is lost, misplaced, destroyed, broken, damaged, stolen or otherwise unworkable should immediately deliver written notice of that fact to the Rhode Island Department of State. If and when the notary's stamp is recovered or replaced, written notice of the recovery or replacement should also be delivered immediately to the Rhode Island Department of State, Notary Division, 148 West River Street, Providence, RI 02904.

Section 6: Notification of Resignation or Death

(a) A notary public who ceases to be a qualified elector, ceases to be a member of the Rhode IslandBar or who becomes permanently unable to perform his or her notarial duties, should resign his orher commission.

(b) A notary public who resigns his or her commission should send to the Rhode IslandDepartment of State by any means that provides a tangible receipt or acknowledgment,including certified mail and electronic transmission, a signed notice indicating theeffective date of the resignation.

( c) If a notary public dies during the term of his or her comm 1 ss 1 on, the notary's personalrepresentative, as soon as reasonably practicable after death, should notify the RhodeIsland Department of State of the death in writing by any means that provides a tangiblereceipt or acknowledgment, including certified mail and electronic transmission. Thenotary's personal representative should also comply with Section 7 of this document.

Section 7: Duties at the End of the Commission

When a notary public commission expires, is resigned, or is revoked, the notary should:

(a) As soon as reasonably practicable, destroy or deface all notary stamps so that they may not beused: and

(b) If the notary public elected to use a "journal of notarial acts" as a matter of good practice,the notary should retain the journal and records for seven years after the date ofexpiration, resignation or revocation.

History of Document: Originally endorsed for issuance pursuant to Executive Order 09-08 dated 4/9/09; first amended on 10/15/2009; amended again on 11/18/2009; amended and restated as of 1/1/2019. All amendments were made pursuant to Executive Order 09-25 dated 10/1/09.

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Page | 1 January 2019

State of Rhode Island Electronic Notarization Standards

The purpose of these standards is to establish guidelines to define the duties and responsibilities for

notaries public electing to perform electronic notarial acts.

Definitions

1. “Commissioning agency” means the Rhode Island office of the Secretary of State. 2. “Commissioning officer” means the Governor of the state of Rhode Island. 3. "Electronic" means relating to technology having electrical, digital, magnetic,

wireless, optical, electromagnetic, or similar capabilities.

4. "Electronic signature" means an electronic symbol, sound, or process attached to, or logically associated with, a record and executed or adopted by an individual with the intent to sign the electronic record or record.

5. “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means.

6. “Electronic Notarial Act and Notarization” means a notarial act or notarization, by a Rhode Island notary public who has registered to perform electronic notarial acts, on or involving an electronic record and using electronic means authorized by the Commissioning Agency and the Commissioning Officer or the laws of the jurisdiction of appointment.

7. “Electronic notarial certificate” means the portion of a notarized electronic record that is

completed by the notary public, bears the notary public's electronic signature and/or official electronic seal, official title, commission number, commission expiration date, any required information concerning the date and place of the electronic notarization, and states the facts attested to or certified by the notary public in a particular electronic notarization.

8. “Electronic notary stamp” and “official electronic stamp” mean information within a notarized electronic record that includes the notary public’s name, jurisdiction of appointment, and generally corresponds to data in notary public stamps used on paper documents.

9. “Electronically enabled notary public” means a registered notary public who has the capability of performing electronic notarial acts in conformance with these standards.

10. "Non-repudiation" means the inability of the signer of an electronic record to deny their electronic signature without factual basis.

11. “Notary electronic signature” means those forms of electronic signature that comply with these standards as an acceptable means for an electronic notary to affix the notary's official signature to an electronic record that is being notarized.

12. “Notary public” means an individual commissioned or appointed to perform a notarial act by the Commissioning Officer and the Commissioning Agency.


13. “Physical appearance” and “appears before the notary” mean that the principal and the notary public are physically close enough to see, hear, communicate with, and give identification credentials to each other without reliance on electronic devices such as telephones, computers, video cameras or facsimile machines.

14. “Registration” and “register” means registration with the Commissioning Agency in compliance with these Standards.

15. “Tamper-evident” means that any changes to an electronic record shall display evidence of the

change.

16. "Unique to the Notary Public" and "under the sole control" mean, with respect to an electronic notarization, that the signing device used to affix the electronic signature of the Notary Public and to render the official electronic seal information tamper-evident shall be accessible by and attributable solely to the Notary Public to the exclusion of all other persons and entities for the necessary period of time that such device is engaged and operating to effectuate the authorized electronic notarization.

Standards and Procedures In performing electronic notarial acts, an electronic notary shall continue to adhere to all rules governing paper-based notarial acts. Physical Appearance Requirement

1. A notary public shall not perform an electronic notarization if the document signer does not appear in person before the notary public at the time of the electronic notarization.

Under no circumstance should a notary public base identification upon familiarity with a signer’s electronic signature or an electronic verification process that authenticates the signer’s electronic signature when the signer is not in the physical presence of the notary public.

2. The methods for identifying document signers for an electronic notarization are the same as the

methods required for a paper-based notarization (RIGL § 42-30.1-6). Registration Requirements

1. The Commissioning Agency requires that a notary public register the capability to notarize electronically before performing any electronic notarial act. Such registration shall be with the Commissioning Agency every time a notary public adopts a new or additional technology with which to perform electronic notarial acts.

2. The Commissioning Agency requires a notary public who registers the capability of performing

electronic notarial acts to provide the following information: a) the applicant’s name as currently commissioned, complete mailing address, and commission expiration date; b) the electronic technology or technologies to be used in attaching or logically associating an electronic notarial signature, stamp and certificate to an electronic record; c) an exemplar of the notary’s electronic signature and official electronic stamp; d) any necessary instructions or



techniques supplied by the vendor that allow the notary’s electronic signature and official electronic stamp to be read. The viewer/reader shall be free and readily available so as to enable all parties relying on the electronically notarized record or document to view the electronic notary signature and the electronic notary stamp without incurring any cost; e) the capability/solution shall comply with the laws, policies, rules and standards that govern Rhode Island notaries; and f) a notary public registered as an electronic notary shall notify the Commissioning Agency within five (5) days of changes, modifications or updates to information previously submitted relative to their capability/solution.

3. Upon successful completion of all registration requirements, the Commissioning Agency will

email to the notary’s email address on file an approval letter that confirms the commission to act as an electronic notary.

4. A notary public shall notify the Commissioning Agency in writing, by way of mail, in-person

delivery or email, within five (5) business days of a change of their email address. Form and Manner of Performing the Electronic Notarial Act

1. When performing an electronic notarization, a notary public shall complete an electronic notarial certificate and attach or logically associate the notary’s electronic signature and stamp to that certificate in a tamper-evident manner. Evidence of tampering pursuant to this standard may be used to determine whether the notarial act is valid or invalid.

2. The notary public's electronic signature is deemed to be reliable if the following requirements

are met: a) it is unique to the notary public, b) it is capable of independent verification, c) it is retained under the notary public's sole control, and d) it is attached to or logically associated with the electronic record in a tamper-evident manner. Evidence of tampering pursuant to this standard may be used to determine whether the notarial act is valid or invalid.

3. The notary public's official electronic stamp is deemed to be reliable if the following

requirements are met: a) it is unique to the notary public, b) it is capable of independent verification, c) it is retained under the notary public's sole control, and d) it is attached to or logically associated with the electronic record in a tamper-evident manner. Evidence of tampering pursuant to this standard may be used to determine whether the notarial act is valid or invalid.

4. The notary public’s electronic signature in combination with the electronic notary stamp shall be

used only for the purpose of performing electronic notarial acts.

5. The liability, sanctions, and remedies for the improper performance of electronic notarial acts are the same as described and provided by law for the improper performance of paper-based notarial acts. (RIGL § 42-30.1)

The notary public’s electronic signature and stamp shall be used only for the purpose of performing electronic notarial acts. Performing an electronic notarization without registering with the Commissioning Agency shall invalidate the notarization as registration is required prior to performing electronic notarial acts.

http://webserver.rilin.state.ri.us/Statutes/TITLE42/42-30.1/INDEX.HTM


Fees

1. A notary public may charge a fee not to exceed $5 (five dollars) per document/notarization;travel fees shall be equal to or less than the Internal Revenue Service’s standard mileage rate.All fees shall be posted in a conspicuous place in the notary’s place of business and providedupon request, fees shall be disclosed to any person utilizing the services of the notary.

Federal mileage rates are dictated by the Internal Revenue Service (IRS)https://www.irs.gov/tax-professionals/standard-mileage-rates

Security Requirements

1. The notary public shall not disclose any access information used to affix the electronic notary’ssignature and stamp except when requested by law enforcement, the courts, and withreasonable precautions, electronic record preparation and transmission vendors.

Requirements for Authenticating the Notarial Act

1. Electronic notarial acts need to fulfill certain basic requirements to ensure non-repudiation andthe capability of being authenticated by the Rhode Island Department of State for purposes ofissuing Apostilles and Certificates of Authentication. They are as follows: a) the fact of thenotarial act, including the notary's identity, signature, and commission status, shall be verifiableby the Rhode Island Department of State and b) the notarized electronic record will be renderedineligible for authentication by the Rhode Island Department of State if it is improperlymodified after the time of notarization, including any unauthorized alterations to the documentcontent, the electronic notarial certificate, the notary public's electronic signature, and/or thenotary public's official electronic stamp.

Requirements for Issuance of Electronic Apostilles and Certificates of Authentication (Appointment)

1. Electronic Apostilles need to fulfill certain basic requirements to ensure non-repudiation: a) the fact of the issuance of the Apostille by the Rhode Island Department of State shall be independently verifiable and b) the Apostille shall be invalidated if the underlying document is improperly modified as when, for example, a person attempts to remove the Apostille from the public document.

2. Electronic certificates of Authentication (or Appointment) need to fulfill certain basic requirements to ensure non-repudiation: a) the fact of the issuance of the Certificate by the Rhode Island Department of State shall be independently verifiable and b) the Certificate shall be invalidated if the underlying document is improperly modified as when, for example, a person attempts to remove the Certificate from the public document.

https://www.irs.gov/tax-professionals/standard-mileage-rates

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