2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5379. Notarial act performed for remotely located individual

§ 5379. Notarial act performed for remotely located individual
(a) A remotely located individual may comply with section 5364 of this chapter by using communication technology to appear before a notary public with a special commission endorsement.
(b) A notary public located in this State may perform a notarial act using communication technology for a remotely located individual if:
(1) the notary public holds a special commission endorsement pursuant to subsection 5341(d) of this title;
(2) the notary public:
(A) has personal knowledge under subsection 5365(a) of this chapter of the identity of the individual;
(B) has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under subsection 5365(b) of this chapter; or
(C) has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing;
(3) the notary public is reasonably able to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature;
(4) the notary public, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act; and
(5) for a remotely located individual located outside the United States:
(A) the record:
(i) is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
(ii) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
(B) the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.
(c) A notary public in this State may use communication technology under subsection (b) of this section to take an acknowledgement of a signature on a tangible record physically present before the notary public if the record is displayed to and identified by the remotely located individual during the audiovisual recording under subdivision (b)(4) of this section.
(d) The requirement under subdivision (b)(3) of this section for the performance of a notarial act with respect to a tangible record not physically present before the notary public is satisfied if:
(1) the remotely located individual:
(A) during the audiovisual recording under subdivision (b)(4) of this section, signs:
(i) the record; and
(ii) a declaration, in substantially the following form, that is part of or securely attached to the record:
(B) sends the record and declaration to the notary public not later than three days after the notarial act was performed; and
(2) the notary public:
(A) in the audiovisual recording under subdivision (b)(4) of this section, records the individual signing the record and declaration; and
(B) after receipt of the record and declaration from the individual, executes a certificate of notarial act under section 5367 of this chapter, which must include a statement in substantially the following form:
(e) A notarial act performed in compliance with subsection (d) of this section complies with subdivision 5367(a)(1) of this chapter and is effective on the date the remotely located individual signed the declaration under subdivision (d)(1)(A)(ii) of this section.
(f) Subsection (d) of this section does not preclude use of another procedure to satisfy subdivision (b)(3) of this section for a notarial act performed with respect to a tangible record.
(g) A notary public located in this State may use communication technology under subsection (b) of this section to administer an oath or affirmation to a remotely located individual if, except as otherwise provided by other law of this State, the notary public:
(1) identifies the individual under subdivision (b)(2) of this section;
(2) creates or causes the creation under subdivision (b)(4) of this section of an audiovisual recording of the individual taking the oath or affirmation; and
(3) retains or causes the retention under subsection (k) of this section of the recording.
(h) The notary public shall ensure that the communication technology and identity proofing used to perform a notarial act for a remotely located individual complies with section 5380 of this chapter and any standards adopted by the Office in accordance with section 5323 of this chapter.
(i) If a notarial act is performed under this section, the certificate of notarial act required by section 5367 of this chapter and the short-form certificate provided in section 5368 of this chapter must indicate that the notarial act was performed using communication technology.
(j) A short-form certificate provided in section 5368 of this chapter for a notarial act subject to this section is sufficient if it:
(1) complies with rules adopted under section 5323 of this chapter; or
(2) is in the form provided in section 5367 of this chapter and contains a statement substantially as follows: “This notarial act involved the use of communication technology.”
(k) A notary public, guardian, conservator, or agent of a notary public or a personal representative of a deceased notary public shall retain the audiovisual recording created under subdivision (b)(4) of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rules adopted under section 5323 of this chapter, the recording must be retained for a period of at least 10 years after the recording is made.
(l) Providers of the communication technologies, identity proofing, or storage must be registered with the Secretary of State to do business in Vermont and, by allowing communication technology or identity proofing to facilitate a notarial act of an electronic record or for a remotely located individual or by providing storage of the audiovisual recording under subdivision (b)(3) of this section, providers of the communication technology, identity proofing, or storage consent and agree that the service or process being provided is in compliance with the requirements set forth in this chapter and with any rules adopted by the Office. (Added 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)