RSA 456-B:2 · Notarial Acts

456-B:2 Notarial Acts. –

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I.

In taking an acknowledgment, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the instrument is the signature of the individual.

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II.

In taking a verification upon oath or affirmation, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.

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III.

In witnessing or attesting a signature the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the individual appearing before the officer and signing the record has the identity claimed.

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IV.

In certifying or attesting a copy of a record or other item that was copied, the notarial officer must determine that the proffered copy is a full, true, and accurate transcription or reproduction of the record or item.

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V.

In making or noting a protest of a negotiable instrument the notarial officer must determine the matters set forth in RSA 382-A:3-505.

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VI.

A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.

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VII.

(a) For the purposes of this section, but only in the context of executing an estate planning instrument such as a will or estate planning trust, the requirement that a person appear before a notarial officer at the time of the notarial act is satisfied if the notarial officer is:

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(1)

The attorney, licensed to practice law in New Hampshire and in good standing, who drafted the estate planning instrument;

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(2)

Another attorney licensed to practice law in New Hampshire and in good standing, under the drafting attorney's supervision; or

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(3)

A paralegal under the supervision of either such attorney; and

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(b)

The person and the notarial officer can communicate simultaneously by sight and sound through an electronic device or process at the time of the notarial act.

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(c)

This paragraph shall apply only to notarial acts performed on or after March 23, 2020. In addition, a notarial act performed in compliance with emergency order #11 pursuant to executive order 2020-04 from its effective date through the date of its expiration is valid. Source. 2005, 118:10, eff. Jan. 1, 2006. 2020, 17:11, eff. July 17, 2020. 2021, 206:2, Pt. II, Sec. 4, eff. Aug. 10, 2021 and Feb. 6, 2022.

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