2. Contact Information
Patricia Brumfield Fry
Visiting Professor of Law Stetson University
Edward W. Hinton Professor of Law
Emeritus, University of Missouri-Columbia
Permanent Contact Information
P. O. Box 3880, Edgewood, NM 87015
Cell: 573 424 3515
Email: fryp@socket.net
3. RULONA
Revised Uniform Law on Notarial Acts,
approved by National Conference of
Commissioners on Uniform State Laws
-- July 2010
Supersedes Uniform Law on Notarial
Acts, 1982
4. The Basics – Notarial Acts
Acknowledgment – declaration person
has signed
Verification – declaration statement in
record is true
Witnessing or attesting signature
Certifying or attesting copy is true
Protest of negotiable instrument
Others per state law
5. Who May Notarize
Commissioned notaries public
Notarial officer – notary public and
other persons authorized by state law.
Judges
Court clerks
Attorneys in some states
6. Identification
Individual making acknowledgment,
verification or signature must appear
personally before notary
Identifying individual
Notary’s personal knowledge
Satisfactory evidence
Safe harbor: passport, driver’s license, govt. issued
non-driver identification – current or expired not
more than three years
Other gov’t issued identification containing
signature or photograph and satisfactory to notarial
officer
Verification of credible witness
Notarial officer may require additional information
or identification credentials
7. Limits
Notarial officer shall not perform act if
notary or spouse is a party to record or
in which either of them has a direct
beneficial interest.
Notarial officer may refuse if
Not satisfied individual is competent or
has capacity to execute record
Not satisfied signature is knowingly and
voluntarily made
In any other case unless refusal prohibited
by law other than this act
8. Recognition of Notarial Acts
Signature and title are prima facie evidence
signature is genuine and individual holds
title
Signature and title of certain notarial
officers conclusively establishes authority
to act
Same rules for recognition and challenge of
notarial acts performed under authority of
Another state
Federally recognized Indian tribe or nation
Federal law
Foreign nation
9. Notarization of Electronic Record
Notary public may select one or more
tamper-evident technologies
Must notify commissioning officer,
identifying technology[ies] to be used,
before first notarization of electronic
record
IF commissioning officer has adopted
standards, technology must conform
to the standards
10. Certificate of Notarial Act
Notarial act must be evidenced by
certificate
Executed contemporaneously with notarial
act
Signed and dated by notarial officer
Statute specifies content of certificate
Includes short forms
Stamp required on paper certificates
Official stamp may be logically
associated with electronic certificates
11. Other Provisions
Applies to all notarial acts performed
on or after effective date
Safekeeping of stamping device
Journals [optional provision]
Education [optional provision]
Qualifications for commission;
revocation
Authority of commissioning officer to
establish rules and regulations
12. Further Information
National Conference of Commissioners
on Uniform State Laws (Uniform Law
Conference)
Kieran Marion, Legislative Counsel
111 N. Wabash Ave., Suite 1010, Chicago,
IL 60602
312 450 6600
www.nccusl.org
14. They Make Me Say This
The views expressed herein and anything I say
are my views and opinions and not necessarily
those of New Jersey Title Insurance Company,
CATIC, PRIA, or any other organization.
This presentation is intended for the use of the
individual viewers seated in this room and may
contain information that is confidential,
privileged or unsuitable for overly sensitive
persons with low self-esteem, no sense of
humor or irrational religious beliefs.
15. RULONA eNotarization Provisions
Section 19: Notification Regarding
Performance of Notarial Acts on
Electronic Record; Selection of
Technology.
Section 27: Rules
16. Section 19: Notification - Acts on
eRecords; Selection of technologies
(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 officer or
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 officer or agency] has established
standards for approval of technology pursuant to
Section 27, the technology must conform to the
standards. If the technology conforms to the standards,
the [commissioning officer or agency] shall approve the
use of the technology.
17. Section 27: Rules
(a) The [commissioning officer or agency] may adopt
rules to implement this [act]. Rules adopted
regarding the performance of notarial acts with
respect to electronic records must not require, or
accord greater legal status or effect to, the
implementation or application of a specific
technology or technical specification. The rules may:
(1) prescribe the manner of performing notarial acts regarding
tangible and electronic records;
(2) include provisions to ensure that any change to or
tampering with a record bearing a certificate of a notarial act
is self-evident;
(3) include provisions to ensure integrity in the creation,
transmittal, storage, or authentication of electronic records or
signatures;
***
(5) include provisions to prevent fraud or mistake in the
performance of notarial acts; [and]
***
18. Section 27: Rules
(b) In adopting, amending, or repealing
rules about notarial acts with respect to
electronic records, the [commissioning
officer or agency] shall consider, so far as
is consistent with this [act]:
(1) the most recent standards promulgated by
national bodies, such as the National
Association of Secretaries of State;
(2) standards, practices, and customs of other
jurisdictions that substantially enact this [act];
and
(3) the views of interested persons and
governmental officials and entities.
19. Notes on Rules:
Notaries may refuse to adopt specific
technologies for signing (probably not
an employer's technology, but possibly
one required by a trading partner)
Stay alert as to notary regulators’
interpretations
Failure to enact rules only means a
state is not regulating the 'e' act, not
that a notary cannot perform it.
20. What About Land Records?
While real property laws vary from state to
state, there are certain aspects which are
constant.
One constant is that, for a document
affecting an interest in real property to be
effective, it must be signed by an
appropriate party. (ESIGN, UETA)
Another constant is the general requirement
that, to be recorded, the signed document
must also be acknowledged before a
specified person, usually a notary (or another
person holding notarial powers pursuant to
state law). (ESIGN, UETA, URPERA, RULONA)
21. State of Affairs: 11/1/2010
Approximately 3600 recording
jurisdictions (mostly counties) in US.
578 jurisdictions (approx. 16%) in 36
states accept some form of electronic
documents for recording.
Model 1 (scanned image) = 54
Model 2 (scanned image + XML) = 568
Model 3 (full eDocument) = 123
23. All Are Not Created Equal
Recording jurisdictions vary greatly
In New England, it’s town by town
Then, we have mega-counties such as Los
Angeles, CA or Maricopa, AZ
Other hybrids – metro NYC has 5 counties
or boroughs but one city-wide register’s
office
Bronx
Queens
Kings (Brooklyn)
New York (Manhattan)
Richmond (Staten Island)
