Vermont Extends and Updates Emergency Rules for Remote and Electronic Notarial Acts

The Vermont Secretary of State has extended the emergency rules that allows notaries to perform remote and electronic notarial acts. The extended emergency rules require notaries to obtain an electronic notary special endorsement from the Vermont Office of Professional Regulation to carry out notarizations on electronic records whether the notarization is performed in the presence of the individual or for a remotely located individual. Additionally, the emergency rules provide details on who is eligible to obtain this endorsement.

Key Points of the Vermont Notary Emergency Rules

1. Remote Notarial Acts

Notaries can perform remote notarial acts for individuals who are not physically present before them if they use communication technology as defined in 26 V.S.A. § 5304(4) and protocols and standards outlined in the emergency rules.

When performing remote notarial acts, notaries must be physically located in Vermont. The rules allow notaries to confirm an individual's identity through personal knowledge, on the oath or affirmation of a credible witness, or by verifying at least two different forms of identification.

2. Notarial Acts on Electronic Records

The updated emergency rules:

• Allow a notary public holding an electronic notary special endorsement to perform a notarial act on an electronic record for individuals physically appearing before the notary public at the time of the notarial act in accordance with 26 V.S.A. § 5364 or, if performing a notarial act for a remotely located individuals, in accordance with Part 4 of the Emergency Rules for Remote and Electronic Notarial Acts.
• Require notaries performing notarial acts on electronic records to use tamper-evident technology to ensure the integrity of electronic records.
• Require a notary public authorized to perform notarial acts on an electronic record to verify the identity of the individual prior to performing a notarial act in accordance with 26 V.S.A. § 5365 and, if performing the notarial act for a remotely located individual, in accordance with Part 4 of the Emergency Rules for Remote and Electronic Notarial Acts.

3. Electronic Notary Special Endorsement

To perform notarial acts on electronic records, notaries must obtain a special endorsement from the Vermont Office of Professional Regulation. This endorsement is required whether the individual you are performing the notarization for is physically present or remotely located. The endorsement must be renewed every two years in line with the notary’s regular commission.

4. Effective Dates of the Notary Emergency Rules

All parts of these emergency rules must take effect when filed with the Vermont Secretary of State in accordance with the Administrative Procedures Act, 3 V.S.A. § 800 et seq and will remain in effect for 180 days thereafter, except for Part 4 (Remote Notarial Acts) of the emergency rules, which will take effect on March 23, 2024, and remain in effect for 180 days thereafter.

Click here to read the full set of emergency rules.