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: firstname.lastname@example.org
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
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
Who May Notarize Commissioned notaries public Notarial officer – notary public and other persons authorized by state law. Judges Court clerks Attorneys in some states
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
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
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
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
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
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
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
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.
RULONA eNotarization Provisions Section 19: Notiﬁcation Regarding Performance of Notarial Acts on Electronic Record; Selection of Technology. Section 27: Rules
Section 19: Notification - Acts oneRecords; 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.
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] ***
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.
Notes on Rules: Notaries may refuse to adopt speciﬁc technologies for signing (probably not an employers 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.
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)
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
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)