NOTARY PUBLIC MANUAL
NOTARY PUBLICMANUALNellie M. GorbeaSecretary of State
CONTENTS34NOTARY PUBLIC IN RI16WHAT IS A NOTARY PUBLIC?SIGNER WHO IS DEAFJURISDICTIONSIGNER WHO IS ILLITERATENOTARIZING AN OUT OF STATE DOCUMENTAPPLICATION FOR NOTARY PUBLIC COMMISSIONNOTARIZING A DOCUMENT IN A FOREIGN LANGUAGEREQUIREMENTSWILLS AND “LIVING WILLS”NOTARY KNOWLEDGE ASSESSMENTTRANSLATIONSUPDATE OR CHANGE IN INFORMATIONLESS COMMON NOTARIAL ACTSCOMMISSION RENEWALRENEWING EXPIRED COMMISSIONS518CONFLICTS OF INTERESTFORMS AND FEESCONFLICTSRETURNED APPLICATIONSNOTARIZING FOR FAMILY MEMBERSNOTARIES WHO ARE EMPLOYEESNOTARY PUBLIC COMMISSIONREFUSING TO NOTARIZENOTARY PUBLIC COMMISSION CERTIFICATEREPLACEMENT COMMISSION CERTIFICATE19RESIGNATION OR DEATH OF A NOTARY PUBLICREMOVAL FROM OFFICEFEDERAL AND MILITARY NOTARIAL POWERS6SAMPLE MILITARY AND AMERICAN CONSULAR NOTARYPUBLIC STAMPS6NOTARY FEES7NOTARY TOOLSNOTARY STAMP20COMPLAINTS AND NOTARY MISCONDUCTFRAUD OR DECEIT IN OFFICEWHO 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 RIDEPARTMENT OF ADMINISTRATION TAKE?21AUTHENTICATIONS: APOSTILLES AND CERTIFICATIONSAPOSTILLESREPORTING A LOST OR STOLEN NOTARY STAMPCERTIFICATIONSJOURNAL OF NOTARIAL ACTSNOTARY PUBLIC DUTIES AND RESPONSIBILITIESACCEPTABLE FORMS OF IDENTIFICATIONCREDIBLE WITNESS AS IDENTIFICATIONCONTINUED, FEDERAL AND MILITARY NOTARIAL POWERS8CONTINUED, NOTARIZING IN SPECIAL CIRCUMSTANCESFEDERAL OR MILITARY APOSTILLES22DEFINITIONS25NOTARY FORMSLIMITED POWERS OF A NOTARY PUBLIC31NOTARY KNOWLEDGE ASSESSMENT10NOTARIAL ACTS34APPENDIX10ACKNOWLEDGMENTRHODE ISLAND GENERAL LAW 42-30.111OATHS AND AFFIRMATIONSTANDARDS OF CONDUCT FOR NOTARIES PUBLIC12JURATELECTRONIC STANDARDS13SIGNATURE WITNESSING14COPY CERTIFICATION15NOTARIZING IN SPECIAL CIRCUMSTANCESPOWERS OF THE NOTARY PUBLICNOTARIAL CERTIFICATES AND ACTSELECTRONIC NOTARIZATIONSIGNATURE BY MARKSIGNER PHYSICALLY UNABLE TO SIGN OR MAKE A MARKSIGNER WHO IS BLINDSIGNER WHO DOES NOT SPEAK ENGLISHNOTARIZING FOR A PERSON WITH POWER OF ATTORNEY
This manual has been created toinform and assist new and existingnotaries public with understanding andperforming the duties and functions ofa Rhode Island Notary Public.NOTARY PUBLIC IN RHODE ISLANDWHAT IS A NOTARY PUBLIC?A Notary Public is an official of integrity commissioned to a fouryear term by the Governor to serve the public as an impartialwitness to the identity, comprehension, and intent of a personrequesting a notarial act. Each act requires a notary to attestthat certain formalities have been observed. Every notarialact affects the legal rights of others. A notary may be heldpersonally responsible for improper, negligent or fraudulentacts.JURISDICTIONRhode Island Notaries Public may perform notarial actsanywhere within the boundaries of the State of Rhode Island.They may NOT perform notarial acts outside of the State ofRhode Island.Notarial practices in the State of Rhode Island are governed byRIGL 42-30.1 and the Standards of Conduct for Notaries Publicin the State of Rhode i.gov@RISecStateADDRESSRI Department of State148 W. River St.,Providence, RI 02904Monday through Friday8:30 am – 4:30 pm.MORE INFODISCLAIMER:Any statements made by the RI Department of State regarding notaries or notarialprocedures are not intended as legal advice. If you have any specific legal questionsregarding your conduct as a RI Notary Public, we urge you to seek professional legal advice.NOTARY PUBLIC MANUAL SECRETARY OF STATE, NELLIE M. GORBEAJOHANNA PETRARCANotary Manager 3
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.REQUIREMENTSCOMMISSION RENEWALAll applicants must meet the following requirements:Approximately two months prior to the notary commissionexpiration date, a courtesy renewal notice is mailed to thenotary’s address of record with our office. The renewalapplication should be received in our office before thecommission expiration date to maintain the same expirationday and month. Failure to return the renewal form beforethe expiration date will result in a new commission expirationdate. Once the renewal application is processed, a newCommission Certificate for a four-year term will be issuedand mailed to the notary. NOTE: Renewal applications willONLY be processed two months prior to the expiration date.› Be at least eighteen (18) years of age;› Be a citizen or permanent legal resident of the UnitedStates;› Be a resident of or have a place of employment orpractice 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 andduties pertaining to the Office.In addition to meeting the first six requirements, attorneysand CPAs may apply if they meet either of the belowrequirements in lieu of meeting the residency/nonresidentrequirement.› Be an attorney, in good standing, applying as amember of the RI Bar Association; or› Be a certified public accountant, in good standing,applying as a certified RI licenseeNOTARY KNOWLEDGE ASSESSMENTThe Notary Knowledge Assessment is a multi-questiontool available on our website to help notaries fullfil therequirement of demonstrating sufficient knowledge ofthe powers and duties of the Office of Notary Public. It isavailable on our website as well as in paper form. A scoreof 80% or higher demonstrates sufficient knowledgeof the powers and duties of the Office. Notaries whoreceive a score of less than 80% are strongly encouragedto review the notary manual and if necessary, take theassessment again.UPDATE OR CHANGE IN INFORMATIONNotaries are required to report updates or changes totheir notary commission within 10 days of the change withthe exception of updates to electronic notarization, whichare to be reported within 5 days of the change. Changesor updates include name, business or residence address,employment information, telephone number(s), emailaddress, use of electronic notarization technology or optingin or out of the notary public online city search listing.FORMSAll forms are located beginning on page 25.NOTARY PUBLIC MANUAL SECRETARY OF STATE, NELLIE M. GORBEAIt is the notary’s responsibility to inform the RI Departmentof State, Notary Section, of a change in their notaryinformation. Failure to file the required Notary PublicInformation Update form (pg. 29) may result in nondelivery of the renewal notice.RENEWING EXPIRED COMMISSIONSA notary public’s appointment expires on the “commissionexpiration date” that appears on their Certificate ofAppointment. Per RI General Law 42-30.1-15(g) “Everynotary public appointed by the commissioning officerand not reappointed may continue to officiate for aspace of thirty (30) days after the date on which his or hercommission expires.” An individual whose commission hasexpired for more than thirty (30) days is no longer a notarypublic and cannot perform notarial acts.A notary that submits a renewal application 30 days pasttheir commission expiration date, is considered a new notaryapplicant for qualification purposes and must meet all newnotary filing requirements. This includes demonstratingsufficient knowledge of the powers and duties pertaining tothe office by taking the Notary Knowledge Assessment.Once the notary returns the renewal application, theeffective commission date will be the date the applicationis received by our office. As with most renewals, thenotary will retain their original notary ID number.RETURNED APPLICATIONSAn application may be returned to an applicantfor error, incompleteness or for failure to meet arequirement. A returned application will be accompaniedby correspondence identifying the reason for nonacceptance. It is the responsibility of the applicant toreturn the application to this office. 4
NOTARY PUBLIC COMMISSIONThe Secretary of the State’s office recommends that notariesdisplay their certificates where they perform their notarial duties.All written requestsshould be returned to theRI Department of State,Notary Public Section,148 W. River Street,Providence, RI 02904.NOTARY PUBLIC COMMISSION CERTIFICATEREMOVAL FROM OFFICEEach notary public is appointed by the Governor for aterm of four years. The appointment is evidenced bya certificate bearing the notary’s name, the facsimilesignature of the Governor and the Secretary of the Stateas well as the commission expiration date. Included withthe certificate is a notary public pocket card with thenotary’s name, expiration date and identification number.The certificate is evidence of the public office that thenotary holds and should be kept in a safe place.RIGL §42-30.1-16REPLACEMENT COMMISSION CERTIFICATEIf a notary’s commission certificate has been lost,damaged, or destroyed, a replacement certificate may beobtained by requesting in writing or calling the NotarySection.RESIGNATION OR DEATH OFA NOTARY PUBLICA notary public who ceases to meet the qualificationrequirements of RIGL §42-30.1-15 or who becomespermanently unable to perform their notarial duties,should resign their commission.A notary may resign their commission at any time bysubmitting a Notary Information Update Form.Upon the expiration, voluntary resignation, or revocationof a commission, all notaries, as soon as is practical, mustdestroy or deface all seals or stamps so that they may notbe used. If the notary public elected to use a “journalof notarial acts” as a matter of good practice, the notaryshould retain the journal and records for seven years afterthe expiration, resignation or revocation.If a notary public dies during the term of theircommission, the notary’s personal representative shall, assoon as possible after the death of the notary, notify theRI Department of State, Notary Section in writing thatthe notary has died and provide the date of death. Thenotary’s personal representative must destroy or defacethe notary’s stamp to prevent its unauthorized use, aswell as, preserve the notarial journal, if applicable, for aperiod of seven years as a matter of good practice.NOTARY PUBLIC MANUAL SECRETARY OF STATE, NELLIE M. GORBEAIn accordance with the provisions of RIGL §42-30.1-16 anotary public’s commission may be revoked for failure tocomply with notary law.a) The Commissioning Officer may deny, refuse torenew, revoke, suspend, or impose a condition on acommission as notary public for any act or omission thatdemonstrates 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 oromission in the application for a commission as a notarypublic submitted to the Commissioning Officer and/orAgency;(3) A conviction of the applicant or notary public ofany crime that involves fraud, dishonesty, or deceit;provided that in determining whether to deny, refuse torenew, revoke, suspend, or condition the commission,the commissioning officer shall consider such factorsas the seriousness of the crime; whether the crimerelates directly to the training and skills needed forthe commission of a notary public; how much timehas elapsed since the crime was committed; and theapplicant’s actions and conduct since the crime wascommitted;(4) A finding against, or admission of liability by, theapplicant or notary public in any legal proceeding ordisciplinary action based on the applicant’s or notarypublic’s fraud, dishonesty, or deceit;5) Use of false or misleading advertising or representationby the notary public representing that the notary publichas a duty, right, or privilege that the notary public doesnot have;(6) Denial, refusal to renew, revocation, suspension, orconditioning of a notary public commission in anotherstate; or(7) Termination or revocation of a certificate of admissionto the Rhode Island bar or a certificate of publicaccountancy. 5
(b) If the Commissioning Officer denies, refuses torenew, revokes, suspends, or imposes conditions ona commission as a notary public, the applicant ornotary public is entitled to timely notice and hearing inaccordance 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 conditionson a commission as a notary public does not prevent aperson from seeking and obtaining other criminal or civilremedies provided by law.(b) If the Commissioning Officer denies, refuses torenew, revokes, suspends, or imposes conditions ona commission as a notary public, the applicant ornotary public is entitled to timely notice and hearing inaccordance 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 conditionson a commission as a notary public does not prevent aperson from seeking and obtaining other criminal or civilremedies provided by law.NOTARY FEESPursuant to the Standards of Conduct for Rhode IslandNotaries.A notary public may charge a fee not to exceed 5 perdocument/notarization; travel fees must be equal to orless than the then effective federal mileage rate as issuedby the Internal Revenue Service. All fees must be postedin a conspicuous place in the notary’s place of businessor upon request, fees must be disclosed to any personutilizing the services of the notary.FEDERAL AND MILITARY NOTARIAL POWERSPursuant to Title 10 of the United States Code §1044a,certain commissioned officers, enlisted and civilianpersonnel are authorized to serve as federal notaries. 10U.S.C. §1044a grants general powers of notary public to: All judge advocates, including reserve judgeadvocates when not in a duty status; All civilian attorneys serving as legal assistance attorneys; All adjutants, assistant adjutants, and personneladjutants, including reserve members when not in aduty status; For the performance of notarial acts at locations outsidethe U.S., all employees of a military department or theCoast Guard who are designated by regulations of theSecretary concerned or by statute to have those powersfor exercise outside the U.S.; All other members of the armed forces, includingreserve members when not in a duty status, who aredesignated by regulations of the armed forces or bystatute to have those powers. All civilian paralegals serving at military legal assistanceoffices, supervised by a military legal assistancecounsel (as defined in section 1044d(g) of this title).Federal and American Consular officers also have limitednotarial powers pursuant to the 22 U.S.C. 4221. A notarizingofficer includes consular officers, officers of the ForeignService who are secretaries of embassy or legation underSection 24 of the Act of August 18, 1856, 11 Stat. 61, asamended (22 U.S.C. 4221), and such U.S. citizen Departmentof State employees as the Deputy Assistant Secretary ofState for Overseas Citizens Services may designate for thepurpose of performing notarial acts overseas pursuant tosection 127(b) of the Foreign Relations Authorization Act,Fiscal Years 1994-1995, Pub. L. 103-236, April 30, 1994(‘designated employees”). The authority of designatedemployees to perform notarial services shall not includethe authority to perform authentications, to notarize patentapplications, or take testimony in a criminal action orproceeding pursuant to a commission issued by a court inthe United States, but shall otherwise encompass all notarialacts, including but not limited to administering or takingoaths, affirmations, affidavits or depositions.Federal and military notarial powers include theadministration of oaths and affirmations, administeringacknowledgments and certifying copies.Sample Military and American Consular sealsNOTARY PUBLIC MANUAL SECRETARY OF STATE, NELLIE M. GORBEA 6
NOTARY TOOLSNotaries public must use a Stamp with every notarization and we stronglyrecommend the use of a Journal to keep track of their notarial acts.NOTARY STAMPJOURNAL OF NOTARIAL ACTSRhode Island General Law requires the use of a notarystamp when notarizing documents. The stamp shallbe in round (circular) or rectangular form with an edgeborder surrounding the required elements of the stamp.The stamp must include the notary’s name exactly asit appears on their commission, the words “NOTARYPUBLIC” and “RHODE ISLAND.” The stamp mayalso include the notary’s identification number andcommission expiration date. A notary’s stamp is theexclusive property of the notary; it may not be used byany other person.National best practices also strongly suggest that allnotaries should use a journal. Many notaries find that usinga journal is a protective measure and a very beneficialtool. A journal should be a permanently bound book thatcreates and preserves a chronological record of performednotarial acts. RI general law does not mandate that notariesuse a journal of notarial acts. Notaries electing to use ajournal should as a matter of good practice, record thefollowing per the RI Notary Public Standards of Conduct:For notaries who have an embosser and wish to continueusing it, they must render the seal with the ability to bephotocopied and/or scanned. This may be accomplishedthrough the use of a pre-inked seal highlighter. Thehighlighter is a round stamp pad that is used inconjunction with the embosser to make the embossedseal inked.Sample of Stamps:1. The date and time of the notarial act, proceeding ortransaction;2. The type of notarial act;3. The type, title or a description of the document,transaction or proceeding. If multiple documentsare signed by the same principal in the course of atransaction or during a single time (i.e.) real estateclosings, mortgage discharges, state laboratory druganalysis certificates, etc.), a single journal entry shall besufficient;4. The signature, printed name and address of eachprincipal and witness;5. Description of the satisfactory evidence of identity ofeach person including:REPORTING A LOST ORSTOLEN NOTARY STAMPAny notary public whose stamp is lost, misplaced,destroyed, broken, damaged, stolen or otherwiseunworkable should immediately deliver written notice ofthat fact to the Rhode Island Department of State. If andwhen the notary’s stamp is recovered or replaced, writtennotice of the recovery or replacement should also bedelivered immediately to the Rhode Island Department ofState, Notary Division, 148 West River Street, Providence,RI 02904.NOTARY PUBLIC MANUAL SECRETARY OF STATE, NELLIE M. GORBEAi.A statement that the person is “personally knownto me;” orii.A notation of the type of identificationdocument, the issuing agency, its serial oridentification number and its date of issuance orexpiration;1. If the identification number on the documentis the person’s Social Security number, insteadof including the number, write in the words“Social Security number” or the acronym“SSN;” oriii. A notation if the notary public identified theindividual on the oath or affirmation of a crediblewitness or based on the notary’s personal knowledgeof the individual;6. The fee, if any, charged for the notarial act; andA notary public should record in the journal thecircumstances for not completing a notarial act. 7
NOTARY PUBLIC DUTIES AND RESPONSIBILITIESxExcept for Oaths and Affirmations, all notarial acts must include thecorresponding notarial certificate.POWERS OF THE NOTARY PUBLICNotaries Public in RI may, within this state, performthe following notarial acts: acknowledgments, oathsand affirmations, jurats, signature witnessing, copycertifications, issuance of subpoenas and deposition ofwitnesses (the last two acts, should only be performed bypersons having expertise in commercial transactions or bya stenographer).It is crucial that a notary public demonstrate and havesufficient knowledge of the powers and duties
The 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
Division of Revenue – New Jersey Notary Public Manual Page 1 NEW JERSEY NOTARY PUBLIC MANUAL (Revised January 29, 2021) Introduction The office of Notary Public is a vital public function. Notaries are called upon to perform many valuable services for New Jersey's business, legal and financial communities. Effective notary services help to
8-16-113. Title of notary public for the state of Tennessee. Any notary public fulfilling the requirements of this part shall be known as a notary public for the state of Tennessee, and the official signature of such notary public shall so indicate. 8-16-114. Seal of notary public
The Notary Reference Guide provides the applicable notary stamp and/or notary embosser for each state (see Available Item Numbers column). Please note that there are 13 specific notary stamp Item Numbers from which to choose. It is unnecessary to add an upcharge or additional fee to the customer’s notary stamp purchase.
Feb 28, 2005 · the notary stamp of a notary who will be employed during the hours of operation of the agent service. The owner of the agent service may be the notary. A card agent must be a notary. v If verification in lieu of notarization is used, then a notary is not required for agents with an 85, 86
The notary public bond is not an insurance policy for the notary public. The bond is designed only to provide a limited source of funds for paying claims against the notary public. The notary public remains personally liable to the full extent of any damages sustained and may
Feb 23, 2017 · (Notary Public Manual, 2016, Pg. 7) a. §456-6 Liabilities; limitations on; official bond. For the official misconduct or neglect of a notary public or breach of any of the conditions of the notary’s official bond, the notary and the surety on the notary’s official bond shall be li
"Notary" or "Notary Public" means an individual appointed and commissioned to perform a notarial act by the Secretary of State (C.R.S. 24-21-502(8)). A "Notarial Officer" means a notary public or other individual authorized to perform a notarial act (C.R.S. 24-21-502(7)).
of services to the public, the charging of Notary fees, the safekeeping of Notary tools, and the consequences of the unauthorized use of a Notary seal, to name just a few. To help employers develop their own guidelines, the National Notary Association has created Corporate Best Practices, a mod
