Notary Public Manual PDF

NOTARY PUBLIC
MANUAL
2019 VERSION
Nellie M. Gorbea
Secretary of State
CONTENTS
3 NOTARY PUBLIC IN RI 16 CONTINUED, NOTARIZING IN SPECIAL CIRCUMSTANCES

WHAT IS A NOTARY PUBLIC? SIGNER WHO IS DEAF
JURISDICTION SIGNER WHO IS ILLITERATE
NOTARIZING AN OUT OF STATE DOCUMENT
4 APPLICATION FOR NOTARY PUBLIC COMMISSION
NOTARIZING A DOCUMENT IN A FOREIGN LANGUAGE
REQUIREMENTS
WILLS AND “LIVING WILLS”
NOTARY KNOWLEDGE ASSESSMENT
TRANSLATIONS
UPDATE OR CHANGE IN INFORMATION
LESS COMMON NOTARIAL ACTS
COMMISSION RENEWAL
RENEWING EXPIRED COMMISSIONS 18 CONFLICTS OF INTEREST
FORMS AND FEES CONFLICTS
RETURNED APPLICATIONS NOTARIZING FOR FAMILY MEMBERS
NOTARIES WHO ARE EMPLOYEES
5 NOTARY PUBLIC COMMISSION
REFUSING TO NOTARIZE
NOTARY PUBLIC COMMISSION CERTIFICATE
REPLACEMENT COMMISSION CERTIFICATE 19 ACCEPTABLE FORMS OF IDENTIFICATION
RESIGNATION OR DEATH OF A NOTARY PUBLIC CREDIBLE WITNESS AS IDENTIFICATION
REMOVAL FROM OFFICE
20 COMPLAINTS AND NOTARY MISCONDUCT
FEDERAL AND MILITARY NOTARIAL POWERS
FRAUD OR DECEIT IN OFFICE
CONTINUED, FEDERAL AND MILITARY NOTARIAL POWERS
WHO MAY FILE A COMPLAINT AGAINST A NOTARY PUBLIC?
6 SAMPLE MILITARY AND AMERICAN CONSULAR NOTARY
PUBLIC STAMPS HOW DO I FILE A COMPLAINT AGAINST A NOTARY PUBLIC?
6 NOTARY FEES WHAT TYPE OF ACTION MAY THE GOVERNOR AND THE RI
DEPARTMENT OF ADMINISTRATION TAKE?
7 NOTARY TOOLS
21 AUTHENTICATIONS: APOSTILLES AND CERTIFICATIONS
NOTARY STAMP
APOSTILLES
REPORTING A LOST OR STOLEN NOTARY STAMP
CERTIFICATIONS
JOURNAL OF NOTARIAL ACTS
FEDERAL OR MILITARY APOSTILLES
8 NOTARY PUBLIC DUTIES AND RESPONSIBILITIES
22 DEFINITIONS
POWERS OF THE NOTARY PUBLIC
NOTARIAL CERTIFICATES AND ACTS 25 NOTARY FORMS
ELECTRONIC NOTARIZATION
LIMITED POWERS OF A NOTARY PUBLIC 31 NOTARY KNOWLEDGE ASSESSMENT
10 NOTARIAL ACTS 34 APPENDIX
10 ACKNOWLEDGMENT RHODE ISLAND GENERAL LAW 42-30.1
11 OATHS AND AFFIRMATION STANDARDS OF CONDUCT FOR NOTARIES PUBLIC
12 JURAT ELECTRONIC STANDARDS
13 SIGNATURE WITNESSING
14 COPY CERTIFICATION
15 NOTARIZING IN SPECIAL CIRCUMSTANCES

SIGNATURE BY MARK
SIGNER PHYSICALLY UNABLE TO SIGN OR MAKE A MARK
SIGNER WHO IS BLIND
SIGNER WHO DOES NOT SPEAK ENGLISH
NOTARIZING FOR A PERSON WITH POWER OF ATTORNEY
This manual has been created to
inform and assist new and existing
notaries public with understanding and
performing the duties and functions of
a Rhode Island Notary Public.
NOTARY PUBLIC IN RHODE ISLAND
WHAT IS A NOTARY PUBLIC?

A Notary Public is an official of integrity commissioned to a four-
year term by the Governor to serve the public as an impartial
witness to the identity, comprehension, and intent of a person
requesting a notarial act. Each act requires a notary to attest
that certain formalities have been observed. Every notarial CONTACT
act affects the legal rights of others. A notary may be held
personally responsible for improper, negligent or fraudulent notaries@sos.ri.gov
acts.
401.222.3040
JURISDICTION
sos.ri.gov
Rhode Island Notaries Public may perform notarial acts
anywhere within the boundaries of the State of Rhode Island.
@RISecState
They may NOT perform notarial acts outside of the State of
Rhode Island.
ADDRESS
Notarial practices in the State of Rhode Island are governed by
RIGL 42-30.1 and the Standards of Conduct for Notaries Public RI Department of State
in the State of Rhode Island and Providence Plantations. 148 W. River St.,
Providence, RI 02904
Monday through Friday

8:30 am – 4:30 pm.
MORE INFO
DISCLAIMER: JOHANNA PETRARCA

Any statements made by the RI Department of State regarding notaries or notarial Notary Manager
procedures are not intended as legal advice. If you have any specific legal questions
regarding your conduct as a RI Notary Public, we urge you to seek professional legal advice.
NOTARY PUBLIC MANUAL | SECRETARY OF STATE, NELLIE M. GORBEA | 3

APPLICATION FOR NOTARY PUBLIC COMMISSION
You 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.
REQUIREMENTS COMMISSION RENEWAL

All applicants must meet the following requirements: Approximately two months prior to the notary commission
expiration date, a courtesy renewal notice is mailed to the
› Be at least eighteen (18) years of age;
notary’s address of record with our office. The renewal
› Be a citizen or permanent legal resident of the United application should be received in our office before the
States;
commission expiration date to maintain the same expiration
› Be a resident of or have a place of employment or day and month. Failure to return the renewal form before
practice in this state;
the expiration date will result in a new commission expiration
› Be able to read and write English; date. Once the renewal application is processed, a new
› Not be disqualified to receive a commission under Commission Certificate for a four-year term will be issued
§42-30.1-16; and and mailed to the notary. NOTE: Renewal applications will
› Demonstrate sufficient knowledge of the powers and ONLY be processed two months prior to the expiration date.
duties pertaining to the Office.
In addition to meeting the first six requirements, attorneys It is the notary’s responsibility to inform the RI Department
and CPAs may apply if they meet either of the below of State, Notary Section, of a change in their notary
requirements in lieu of meeting the residency/nonresident information. Failure to file the required Notary Public
requirement. Information Update form (pg. 29) may result in non-
delivery of the renewal notice.
› Be an attorney, in good standing, applying as a
member of the RI Bar Association; or
› Be a certified public accountant, in good standing, RENEWING EXPIRED COMMISSIONS
applying as a certified RI licensee
A notary public’s appointment expires on the “commission
expiration date” that appears on their Certificate of
NOTARY KNOWLEDGE ASSESSMENT Appointment. Per RI General Law 42-30.1-15(g) “Every
The Notary Knowledge Assessment is a multi-question notary public appointed by the commissioning officer
tool available on our website to help notaries fullfil the and not reappointed may continue to officiate for a
requirement of demonstrating sufficient knowledge of space of thirty (30) days after the date on which his or her
the powers and duties of the Office of Notary Public. It is commission expires.” An individual whose commission has
available on our website as well as in paper form. A score expired for more than thirty (30) days is no longer a notary
of 80% or higher demonstrates sufficient knowledge public and cannot perform notarial acts.
of the powers and duties of the Office. Notaries who A notary that submits a renewal application 30 days past
receive a score of less than 80% are strongly encouraged their commission expiration date, is considered a new notary
to review the notary manual and if necessary, take the applicant for qualification purposes and must meet all new
assessment again. notary filing requirements. This includes demonstrating
sufficient knowledge of the powers and duties pertaining to
UPDATE OR CHANGE IN INFORMATION the office by taking the Notary Knowledge Assessment.
Notaries are required to report updates or changes to Once the notary returns the renewal application, the
their notary commission within 10 days of the change with effective commission date will be the date the application
the exception of updates to electronic notarization, which is received by our office. As with most renewals, the
are to be reported within 5 days of the change. Changes notary will retain their original notary ID number.
or updates include name, business or residence address, RETURNED APPLICATIONS
employment information, telephone number(s), email
An application may be returned to an applicant
address, use of electronic notarization technology or opting
for error, incompleteness or for failure to meet a
in or out of the notary public online city search listing.
requirement. A returned application will be accompanied
by correspondence identifying the reason for non-
FORMS acceptance. It is the responsibility of the applicant to
All forms are located beginning on page 25. return the application to this office.

NOTARY PUBLIC COMMISSION All written requests
should be returned to the
The Secretary of the State’s office recommends that notaries RI Department of State,
Notary Public Section,
display their certificates where they perform their notarial duties.
148 W. River Street,
Providence, RI 02904.
NOTARY PUBLIC COMMISSION CERTIFICATE REMOVAL FROM OFFICE

Each notary public is appointed by the Governor for a RIGL §42-30.1-16
term of four years. The appointment is evidenced by
a certificate bearing the notary’s name, the facsimile In accordance with the provisions of RIGL §42-30.1-16 a
signature of the Governor and the Secretary of the State notary public’s commission may be revoked for failure to
as well as the commission expiration date. Included with comply with notary law.
the certificate is a notary public pocket card with the
notary’s name, expiration date and identification number. a) The Commissioning Officer may deny, refuse to
The certificate is evidence of the public office that the renew, revoke, suspend, or impose a condition on a
notary holds and should be kept in a safe place. commission as notary public for any act or omission that
demonstrates the individual lacks the honesty, integrity,
competence, or reliability to act as a notary public,
REPLACEMENT COMMISSION CERTIFICATE including without limitation:
If a notary’s commission certificate has been lost, (1) Failure to comply with this chapter;
damaged, or destroyed, a replacement certificate may be
obtained by requesting in writing or calling the Notary (2) A fraudulent, dishonest, or deceitful misstatement or
Section. omission in the application for a commission as a notary
public submitted to the Commissioning Officer and/or
Agency;
RESIGNATION OR DEATH OF
A NOTARY PUBLIC (3) A conviction of the applicant or notary public of
any crime that involves fraud, dishonesty, or deceit;
A notary public who ceases to meet the qualification provided that in determining whether to deny, refuse to
requirements of RIGL §42-30.1-15 or who becomes renew, revoke, suspend, or condition the commission,
permanently unable to perform their notarial duties, the commissioning officer shall consider such factors
should resign their commission. as the seriousness of the crime; whether the crime
relates directly to the training and skills needed for
A notary may resign their commission at any time by
the commission of a notary public; how much time
submitting a Notary Information Update Form.
has elapsed since the crime was committed; and the
Upon the expiration, voluntary resignation, or revocation applicant’s actions and conduct since the crime was
of a commission, all notaries, as soon as is practical, must committed;
destroy or deface all seals or stamps so that they may not
(4) A finding against, or admission of liability by, the
be used. If the notary public elected to use a “journal
applicant or notary public in any legal proceeding or
of notarial acts” as a matter of good practice, the notary
disciplinary action based on the applicant’s or notary
should retain the journal and records for seven years after
public’s fraud, dishonesty, or deceit;
the expiration, resignation or revocation.
5) Use of false or misleading advertising or representation
If a notary public dies during the term of their
by the notary public representing that the notary public
commission, the notary’s personal representative shall, as
has a duty, right, or privilege that the notary public does
soon as possible after the death of the notary, notify the
not have;
RI Department of State, Notary Section in writing that
the notary has died and provide the date of death. The (6) Denial, refusal to renew, revocation, suspension, or
notary’s personal representative must destroy or deface conditioning of a notary public commission in another
the notary’s stamp to prevent its unauthorized use, as state; or
well as, preserve the notarial journal, if applicable, for a
period of seven years as a matter of good practice. (7) Termination or revocation of a certificate of admission
to the Rhode Island bar or a certificate of public
accountancy.
(b) If the Commissioning Officer denies, refuses to FEDERAL AND MILITARY NOTARIAL POWERS
renew, revokes, suspends, or imposes conditions on
a commission as a notary public, the applicant or Pursuant to Title 10 of the United States Code §1044a,
notary public is entitled to timely notice and hearing in certain commissioned officers, enlisted and civilian
accordance with chapter RI General Laws 42-35-1 et seq. personnel are authorized to serve as federal notaries. 10
U.S.C. §1044a grants general powers of notary public to:
(c) The authority of the Commissioning Officer to deny,
refuse to renew, suspend, revoke, or impose conditions • All judge advocates, including reserve judge
on a commission as a notary public does not prevent a advocates when not in a duty status;
person from seeking and obtaining other criminal or civil • All civilian attorneys serving as legal assistance attorneys;
remedies provided by law. • All adjutants, assistant adjutants, and personnel
adjutants, including reserve members when not in a
(b) If the Commissioning Officer denies, refuses to duty status;
renew, revokes, suspends, or imposes conditions on
a commission as a notary public, the applicant or • For the performance of notarial acts at locations outside
notary public is entitled to timely notice and hearing in the U.S., all employees of a military department or the
accordance with chapter RI General Laws 42-35-1 et seq. Coast Guard who are designated by regulations of the
Secretary concerned or by statute to have those powers
(c) The authority of the Commissioning Officer to deny, for exercise outside the U.S.;
refuse to renew, suspend, revoke, or impose conditions • All other members of the armed forces, including
on a commission as a notary public does not prevent a reserve members when not in a duty status, who are
person from seeking and obtaining other criminal or civil designated by regulations of the armed forces or by
remedies provided by law. statute to have those powers.
• All civilian paralegals serving at military legal assistance
NOTARY FEES offices, supervised by a military legal assistance
counsel (as defined in section 1044d(g) of this title).
Pursuant to the Standards of Conduct for Rhode Island Federal and American Consular officers also have limited
Notaries. notarial powers pursuant to the 22 U.S.C. 4221. A notarizing
officer includes consular officers, officers of the Foreign
A notary public may charge a fee not to exceed $5 per
Service who are secretaries of embassy or legation under
document/notarization; travel fees must be equal to or
Section 24 of the Act of August 18, 1856, 11 Stat. 61, as
less than the then effective federal mileage rate as issued
amended (22 U.S.C. 4221), and such U.S. citizen Department
by the Internal Revenue Service. All fees must be posted
of State employees as the Deputy Assistant Secretary of
in a conspicuous place in the notary’s place of business
State for Overseas Citizens Services may designate for the
or upon request, fees must be disclosed to any person
purpose of performing notarial acts overseas pursuant to
utilizing the services of the notary.
section 127(b) of the Foreign Relations Authorization Act,
Fiscal Years 1994-1995, Pub. L. 103-236, April 30, 1994
(‘designated employees”). The authority of designated
employees to perform notarial services shall not include
the authority to perform authentications, to notarize patent
applications, or take testimony in a criminal action or
proceeding pursuant to a commission issued by a court in
the United States, but shall otherwise encompass all notarial
acts, including but not limited to administering or taking
oaths, affirmations, affidavits or depositions.
Federal and military notarial powers include the

administration of oaths and affirmations, administering
acknowledgments and certifying copies.
Sample Military and American Consular seals

NOTARY TOOLS
Notaries public must use a Stamp with every notarization and we strongly
recommend the use of a Journal to keep track of their notarial acts.
NOTARY STAMP JOURNAL OF NOTARIAL ACTS

Rhode Island General Law requires the use of a notary National best practices also strongly suggest that all
stamp when notarizing documents. The stamp shall notaries should use a journal. Many notaries find that using
be in round (circular) or rectangular form with an edge a journal is a protective measure and a very beneficial
border surrounding the required elements of the stamp. tool. A journal should be a permanently bound book that
The stamp must include the notary’s name exactly as creates and preserves a chronological record of performed
it appears on their commission, the words “NOTARY notarial acts. RI general law does not mandate that notaries
PUBLIC” and “RHODE ISLAND.” The stamp may use a journal of notarial acts. Notaries electing to use a
also include the notary’s identification number and journal should as a matter of good practice, record the
commission expiration date. A notary’s stamp is the following per the RI Notary Public Standards of Conduct:
exclusive property of the notary; it may not be used by
any other person. 1. The date and time of the notarial act, proceeding or
transaction;
For notaries who have an embosser and wish to continue
2. The type of notarial act;
using it, they must render the seal with the ability to be
photocopied and/or scanned. This may be accomplished 3. The type, title or a description of the document,
through the use of a pre-inked seal highlighter. The transaction or proceeding. If multiple documents
highlighter is a round stamp pad that is used in are signed by the same principal in the course of a
conjunction with the embosser to make the embossed transaction or during a single time (i.e.) real estate
seal inked. closings, mortgage discharges, state laboratory drug
analysis certificates, etc.), a single journal entry shall be
Sample of Stamps: sufficient;
4. The signature, printed name and address of each
principal and witness;
5. Description of the satisfactory evidence of identity of
each person including:
i. A statement that the person is “personally known
to me;” or
ii. A notation of the type of identification
document, the issuing agency, its serial or
identification number and its date of issuance or
expiration;
1. If the identification number on the document
is the person’s Social Security number, instead
REPORTING A LOST OR of including the number, write in the words
STOLEN NOTARY STAMP “Social Security number” or the acronym
“SSN;” or
Any notary public whose stamp is lost, misplaced,
destroyed, broken, damaged, stolen or otherwise iii. A notation if the notary public identified the
unworkable should immediately deliver written notice of individual on the oath or affirmation of a credible
that fact to the Rhode Island Department of State. If and witness or based on the notary’s personal knowledge
when the notary’s stamp is recovered or replaced, written of the individual;
notice of the recovery or replacement should also be 6. The fee, if any, charged for the notarial act; and
delivered immediately to the Rhode Island Department of
State, Notary Division, 148 West River Street, Providence, A notary public should record in the journal the
circumstances for not completing a notarial act.
RI 02904.

NOTARY PUBLIC DUTIES AND RESPONSIBILITIES
Except for Oaths and Affirmations, all notarial acts must include the
x
corresponding notarial certificate.
POWERS OF THE NOTARY PUBLIC • The liability, sanctions, and remedies of the improper
performance of electronic notarial acts are the same
Notaries Public in RI may, within this state, perform as described and provided by law for improper
the following notarial acts: acknowledgments, oaths performance of paper-based notarial acts.
and affirmations, jurats, signature witnessing, copy
certifications, issuance of subpoenas and deposition of Electronic Standards
witnesses (the last two acts, should only be performed by
persons having expertise in commercial transactions or by
a stenographer).
It is crucial that a notary public demonstrate and have NOTARIAL CERTIFICATES AND ACTS
sufficient knowledge of the powers and duties pertaining A notarial certificate is a part of, or an attachment
to notaries public because a notary may be liable for to, a notarized document that is completed by the
losses that result from improper performance of their notary public, bears the notary’s signature and seal and
duties. states the facts attested by the notary in a particular
notarization. Except for Oaths and Affirmations,
all notarial acts require a notarial certificate to
Notary Standards of Conduct
be completed. There are 5 general notarial acts:
acknowledgment, oath and affirmation, jurat, signature
RIGL 42-30.1 witnessing and copy certification. Notaries public should
not affix their official signature or seal on a notarial
ELECTRONIC NOTARIZATION certificate that is incomplete.
An electronic notarization or notarial act means a The sample notarial certificates provided by the
notarization performed by a Rhode Island notary public commissioning agency are not intended to replace
who has registered to perform electronic acts on or or supersede the existing forms commonly used in
involving an electronic record using a tamper-evident conveyances of real estate or other legal documents
technology approved by the Rhode Island Department of within the State of RI, and in particular, those forms of
State. certificates for notarial acts approved by any committee
of the RI Bar Association.
Notaries may apply to perform electronic notarizations
at the time of application, at the time of renewal or by A notary public is not required to use these notarial
submitting the Notary Public Information Update form. certificates if another certificate is printed on the form
Please refer to the State of Rhode Island Electronic that contains express prohibition against altering that
Notarization Standards for procedures and specific form or if the form has an alternative certificate from
requirements. another State if the document is to be filed or recorded
in, or governed by the law of that other State.
• In accordance with the provisions of RIGL 42-
30.1-14, a notary public may perform electronic
notarizations by selecting one or more tamper-
evidence technologies approved by the Rhode Island
Department of State.
• Prior to performing e-notarizations, the notary must

register with the Rhode Island Department of State
and identify the technology they intend to use.
• All requirements and elements of paper-based

notarizations apply to electronic notarizations.

LIMITED POWERS OF A NOTARY PUBLIC
UNAUTHORIZED PRACTICE OF LAW RESTRICTIONS OF CONDUCT
• A notary public does not have the duty or authority
A notary public, other than an attorney licensed to practice to investigate the lawfulness, propriety, accuracy or
law in this state, may not advertise or represent that the truthfulness of a document or transaction involving a
notary public may assist persons in drafting legal records, notarial act.
give legal advice, or otherwise practice law.
• A notary public should not influence a person either
to enter into or avoid a transaction involving a notarial
ADVERTISING DISCLAIMER act by the notary. The notary may advise against a
• A notary public, other than an attorney licensed transaction if the notary knows or has good reason to
to practice law in this state, may not use the term believe that the associated transaction is unlawful. The
“notario” or “notario público”. notary may provide advice relating to a transaction if
the notary is duly qualified, trained or experienced in a
• If a notary public who is not an attorney licensed to
particular industry or professional field.
practice law in this state in any manner advertises
or represents that the notary public offers notarial • A notary public may not act as an immigration
services, …the notary public shall include the consultant or expert on immigration matters.
following statement, or an alternate statement
authorized or required by the commissioning agency,
in the advertisement or representation, prominently
and in each language used in the advertisement or
representation: “I am not an attorney licensed to
practice law in this state. I am not licensed to draft
legal records, give advice on legal matters, including
immigration, or charge a fee for those activities.” This
statement should be in the same language as the
advertisement, notice, letterhead or sign.
• A notary public may not engage in false or deceptive
advertising.
INCLUDE THIS LANGUAGE ON YOUR

ADVERTISEMENT, LETTERHEAD OR SIGN:
I am not an attorney licensed to practice law

in this state. I am not licensed to draft legal
records, give advice on legal matters, including
immigration, or charge a fee for those activities.

NOTARIAL ACTS
ACKNOWLEDGMENT
An acknowledgment is a notarial act in which an
individual, at a single time and place:
• Appears in person before the notary public and

presents a document;
• Is personally known to the notary public or is
identified by the notary through satisfactory evidence
of identity; and An acknowledgment is the only notarial
• Indicates to the notary public that the signature on
the document was voluntarily affixed by the individual
act that may be signed ahead of time by the
for the purposes stated within the document and, if signer. The signing does not have to take
applicable, that the individual had authority to sign in
a particular representative capacity. place before the notary.
The emphasis, when a notary performs an
acknowledgment, is on the free act and deed of the
signer and the verification of their identity.
STEPS TO PERFORM AN ACKNOWLEDGMENT

Acknowledgements may be performed as a paper or
electronic notarization.
Signer must personally appear on the date and in the x Sample Acknowledgment Notarial Certificate:
place indicated on the notarial certificate.
1 Review the document to determine the

document type and the notarial act to be
State of Rhode Island
performed.
County of __________________________
Identify the signer through personal knowledge
2 or an accepted form of identification.
On this ________ day of _________________,20_, before
me, the undersigned notary public, personally appeared __
_____________________________________
Verify that the signature on the document is
3 the signer’s, either by watching them sign the
(name of document signer), and proved to me through
satisfactory evidence of identification to be the person
document or if it has already been signed, by whose name is signed on the preceding or attached
comparing the signature to the one on the document, and acknowledged that they signed it
signer’s ID and the signature made by the signer voluntarily for its stated purpose.
in the notary’s journal.
(official signature and stamp of notary)_____________
Have the signer verbally acknowledge that their
4 signature was made competently and voluntarily.
Printed Name, ID Number
Notary Public
My Commission expires:______________________
5 Complete the notarial certificate. Sign the
certificate, print your name, write your title
“Notary Public,” list your commission expiration
date, commission ID number and affix your
notary stamp. Complete the journal entry.

NOTARIAL ACTS
OATH AND AFFIRMATION

An oath is a notarial act, or part thereof, which is legally An affirmation is a notarial act, or part thereof, that is
equivalent to an affirmation, in which an individual, at a legally equivalent to an oath in which an individual, at a
single time and place: single time and place:
• Appears in person before the notary public; • Appears in person before the notary public;
• Is personally known to the notary public or is • Is personally known to the notary public or is identified
identified by the notary through satisfactory evidence by the notary through satisfactory evidence of identity;
of identity; and and
• Makes a vow of truthfulness or fidelity under the pains • Makes a vow of truthfulness or fidelity under the pains
and penalties of perjury by invoking a deity or using and penalties of perjury based on personal honor and
any form the word “swear.” without invoking a deity or using any form of the word
“swear.”
STEPS TO PERFORM AN OATH

OR AFFIRMATION The person taking the oath or
The person must personally appear before the notary
public.
affirmation shall raise their right
hand as the notary administers the
Identify the person through personal
1 knowledge or an accepted form of oath and should answer “I do.”
identification.
Administer the oath or affirmation by

2 having the person raise their right hand and
administer the oath or affirmation aloud.
3 Complete the journal entry.

NOTARIAL ACTS
JURAT
A jurat is a notarial act in which an individual, at a single
time and place:

presents a document; A jurat is a notarial act where the
• Is personally known to the notary public or is document signer swears (oath) to or affirms
identified by the notary through satisfactory
evidence of identity; (affirmation) the truthfulness of the contents
• Signs the document in the presence of the notary of a document.
public; and
• Takes an oath or affirmation before the notary public
vouching for the truthfulness or accuracy of the
signed document.
The emphasis, when a notary performs a jurat is on the
accuracy of the statements in the document and the
signer’s identity.
STEPS TO PERFORM A JURAT

A Jurat may be performed as a paper or electronic
notarization.
Sample Jurat Notarial Certificate
Signer must personally appear on the date and in the x

Review the document to determine the
1 document type and the notarial act to be
performed. State of Rhode Island
County of __________________________
Identify the signer through personal knowledge
2 or an accepted form of identification.
Have the signer verbally acknowledge they Subscribed and sworn to (or affirmed) before me on this
3 are signing the document competently and ________ day of _________________,20_, by _____________
voluntarily. ___________________________________ who proved to me
through satisfactory evidence of identification to be the
person who appeared before me.
4 Watch the signer affix their signature or mark to
the document.
(official signature and stamp of notary)_____________
5 Administer the oath or affirmation aloud. Notary Public
Complete the notarial certificate. Sign the
6 certificate, print your name, write your title
NOTARIAL ACTS
SIGNATURE WITNESSING
Signature witnessing is a notarial act in which an

When performing a signature
• Is personally known to the notary public or is witnessing the Notary Public must
identified by the notary through satisfactory evidence witness the signer affixing their
of identity; and
• Signs the document in the presence of the notary
signature to a document.
public.
The emphasis, when a notary performs a signature
witnessing, is to establish the document was signed on a
specific date.
STEPS TO PERFORM A
SIGNATURE WITNESSING
A Signature Witnessing may be performed as a paper or Sample of a Signature Witnessing
electronic notarization. x
Notarial Certificate:
Signer must personally appear on the date and in the

1 Review the document to determine the
document type and the notarial act to be
County of __________________________
performed.
On this ________ day of _________________,20_, before
me, the undersigned notary public, personally appeared
2 Identify the signer through personal knowledge
or an accepted form of identification.
_______________________________________ (name of
signer), and proved to me through satisfactory evidence of
identification to be the person whose name is signed on
Have the signer verbally acknowledge that they
3 are signing the document competently and
the preceding or attached document in my presence.
voluntarily. (official signature and stamp of notary)_____________

4 Watch the signer affix their signature or the mark
to the document.
Notary Public
Complete the notarial certificate. Sign the


NOTARIAL ACTS
COPY CERTIFICATION
A copy certification is a notarial act in which a notary
public:
• Is presented with a document that is neither a vital

record, nor a publicly recordable document of which a When performing a copy certification the
certified copy may be available from an official source
other than a notary public; and
notary must make sure that the copy is the
• Copies or supervises the copying of the document same as the original by either copying the
using a photographic or electronic copying process; document themselves or witnessing the
or
• Compares the document to the copy; and
photocopying of the document.
• Determines that the copy is accurate and complete;
and
• Applies an acknowledgment to the document
attesting to the above-listed facts.
The emphasis, when a notary performs a copy
certification, is to make an accurate and complete copy.
STEPS TO PERFORM A
COPY CERTIFICATION Sample of Copy Certifications
Notarial Certificate:
x
A Copy Certification may be performed as a paper or


Verify that the document is one that a RI notary
1 may lawfully copy and certify.
County of __________________________
On this ________ day of _________________,20_, I

2 Personally photocopy or supervise the copying certify that this is a true, exact, complete, and unaltered
of the document.
x copy made by me of ________________________(insert
description of the document), presented to me by _______
Compare the document to the original to ______________________________________________, and to
3 determine that the copy is accurate and the best of my knowledge the copied document is neither
complete. a vital record nor a publicly recordable document, certified
copies of which may be available from an official source
Complete the notarial certificate. Sign the other than a notary.
“Notary Public,” list your commission expiration (official signature and stamp of notary)_____________
date, commission ID number and affix your Printed Name, ID Number
notary stamp. Complete the journal entry. Notary Public
Write the details of the copy certification in your
5 notary journal.

NOTARIZING IN SPECIAL CIRCUMSTANCES
? If a circumstance is not addressed here, please contact the Notary Section.
SIGNATURE BY MARK SIGNER WHO IS BLIND

A notary public may certify the affixation of a signature by • The notary public should read the document to the
mark on a document presented for notarization if: signer before performing the notarial act.
• The principal affixes the mark in the presence of the • The notary may wish to add a statement in their
notary public and two witnesses unaffected by the notarial certificate indicating the following: “I further
document; certify that I read the document to (name of signer)
prior to notarization.”
• Both witnesses sign their names beside the mark;
• Unless the notary is also an attorney, the notary
• The notary public writes below the mark: “Mark cannot advise the person about the contents of the
affixed by (name of signer by mark) in the presence of document; however, they may re-read any portion of
(names and addresses of witnesses) and undersigned the document to the person.
notary; and
• The notary public notarizes the signature by mark SIGNER WHO DOES NOT SPEAK ENGLISH
through an acknowledgment, jurat or signature
• The nature and effect of the document should be
witnessing.
translated into a language that the person does
understand. The translation does not need to be in
SIGNER PHYSICALLY UNABLE TO SIGN OR written form; an oral translation is sufficient.
MAKE A MARK • If the notary speaks the language of the signer,
The notary public may sign the name of a principal who is the notarization may proceed, if not, an interpreter
physically unable to sign or make a mark on a document may be used. Best practices strongly suggest that
presented for notarization if: the notary should administer an oath or affirmation
to the interpreter attesting to the accuracy of the
• The principal directs the notary public to do so in the translation.
presence of two witnesses who are unaffected by the
• The notary should add a statement in their notarial
document;
certificate noting that a translator was used by writing
• The principal does not have a demeanor that causes something substantially similar to: “I certify that the
the notary public to have a compelling doubt about nature and effect of the document was translated
whether the principal knows the consequences of the for (name of signer) by (name of translator) before
transaction requiring the notarial act; notarization.
• In the notary public’s judgment, the principal is acting
of their own free will; NOTARIZING FOR A PERSON WITH POWER
• The notary public signs the principal’s name in the OF ATTORNEY
presence of the principal and the witnesses;
• If a signer indicates that they have power of attorney
• Both witnesses write their names beside their over the grantor the document should be signed as
signatures; attorney-in-fact: for example, John Doe as attorney-
• The notary public writes below the signature: in-fact for Betty Smith.
“Signature affixed by notary public in the presence • It is strongly recommended as a best practice,
of (names and addresses of principal and two that the notary verify the authority of the signer by
witnesses);” and requesting a copy of the power of attorney.
• The notary public notarizes the signature through an • Note the capacity of the signer in the notarial
acknowledgment, jurat or signature witnessing. certificate.

SIGNER WHO IS DEAF WILLS AND “LIVING WILLS”

• Unless the notary and the signer are competent in A will is a document providing instructions for the
sign language, they should communicate in writing. disposition of a signer’s estate and finances after the
signer’s death. A living will is a written statement of a
• The notary should write a comment in their journal
signer’s wishes concerning medical treatment in the event
regarding how they communicated with the signer.
the signer’s health condition prevents the individual from
providing instructions on their own behalf.
SIGNER WHO IS ILLITERATE
Notarizing a will is a serious matter because of the
• The notary should read the document to the importance and complexity of the document. Notaries
document signer before performing the notarial act. should be careful when asked to notarize a will. A
• The notary should add a statement to the notarial document presented to a notary as a will should be
certificate substantially similar to, “I certify that I read notarized only if clear instructions and the appropriate
the document to (name of signer) prior to performing notarial certificates are provided to the notary.
the notarial act.” Performing a notarial act on its own does not make a
will “legal” or “valid” and it is important that notaries do
not offer any advice regarding preparation or the legal
NOTARIZING AN OUT OF STATE DOCUMENT effects of a will. A notary may not determine what type
RI notaries public may notarize an out of state document of notarial act or certificate is needed for a will, even if
so long as the signer(s) personally appear before the asked to do so by the signer. Such questions should be
notary and the document does not specifically state that referred to a qualified attorney.
the document must be notarized by a notary from that
state. All other RI notarial procedures and laws must be A “living will” may be notarized in the standard manner.
followed by the notary public. All practices required by law or RI Notary Public
Standards of Conduct, such as the signer appearing in
person before the notary and being positively identified,
NOTARIZING A DOCUMENT IN A FOREIGN should be followed.
LANGUAGE
A notary public may notarize a document in a foreign TRANSLATIONS
language even if the notary does not understand the
A notary public has no authority to certify translations.
language of the document. However, the notarial
If a notary public has the ability to prepare translations
certificate must be in English or other language the
of documents from one language to another, they may
notary public reads and writes. The letters and characters
not notarize any documents that they themselves have
in the document’s signature and in any ID document
translated. The accuracy of the translation can be
presented must also be understood by the notary. It is
made under oath, but the oath and notarial certificate
important that the notary be able to communicate with
must be completed by another notary, or by another
the signer.
person authorized to administer oaths. The notary
cannot perform both acts in connection with the same
document.

LESS COMMON NOTARIAL ACTS

Deposition of Witnesses CASE STUDY:
• A deposition is a signed transcript of an oral
WHY IS PHYSICAL PRESENCE
statement made by an individual (the “deponent”) IMPORTANT?
for use in a legal matter. Joan is a notary and owns a small service agency.
• RI notaries public are empowered to take Scott came into the office one day with a deed
depositions of witnesses to be used in the trial signed by his wife Susan and requested Joan to
of any civil suit, action, petition, or proceeding in notarize her signature.
which they are not an interested party, counsel, or
the attorney of either party per RIGL § 9-18-1. Susan was home sick, but Scott brought Susan’s
driver’s license with him. At Scott’s suggestion
Issuance of Subpoenas and just to be on the “safe side,” Joan called
Susan at home to verify her signature.
• A subpoena is an order that requires its recipient to
appear before a court. The woman identifying herself as Susan
• RI notaries public are empowered to issue confirmed that she had signed the document
subpoenas to witnesses in any case, civil or criminal voluntarily and wanted her signature notarized.
before any court, and in any matter before any Joan proceeded to perform the notarial act.
body or person authorized by law to summon
Should Joan have notarized Susan’s signature?
witnesses per RIGL § 9-17-3.
• Per RIGL § 8-8.2-4, notaries public are also NO!
empowered to issue subpoenas returnable before
the traffic tribunal. Now, for the real story…
Protests & Protesting Bills of Exchange and Promissory Unknown to Joan, Scott was planning to divorce
Notes Susan and he wanted their home transferred to
his name first. Scott forged Susan’s signature on
• A protest is a certificate of dishonor under the hand
the deed and took her driver’s license without
and seal of a notary public.
her knowledge.
• RI notaries public may act, transact, do, and finish
all matters and things related to protests and The woman that Joan spoke to on the phone
protesting bills of exchange and promissory notes was actually Scott’s girlfriend! The case ended
per RIGL § 42-30.1-2. up in divorce court and Susan was given her
portion of the property.
The Governor’s Office revoked Joan’s notary

commission and will not appoint her again as a
notary. She now has a difficult time working in
the service agency without a notary commission.

CONFLICTS OF INTEREST
! A notary public should not notarize for family members as indicated below.
CONFLICTS REFUSING TO NOTARIZE

A notary public should not perform a notarial act if the A notary public may refuse to perform a notarial act if:
notary public is a party to or is named in the document
that is to be notarized, except that a notary may notarize • The signer is not physically present;
a document if the notary is named in the document for
• The signer cannot be adequately identified;
the sole purpose of receiving notices relating to the
document and except that a notary who is licensed as an • The signer is unwilling to swear or affirm to the
attorney in the State of RI and is named as an executor, contents of the document presented for notarizations
trustee or in any fiduciary capacity in a document, or that require an oath or affirmation;
employees of such attorney, may perform notarial acts
concerning such document. • The principal has a demeanor that causes the notary
public to have a compelling doubt about whether the
A notary public should not perform a notarial act if the principal knows the consequences of the transaction
notary public will receive as a direct result of the notarial or document requiring the notarial act;
act any commission, fee, advantage, right, title, interest,
cash, property or other consideration exceeding in value • If in the notary’s judgment, the principal is not acting
the fees set forth in Section 4(3) of the Standards of of their own free will;
Conduct for Notaries Public, or has any financial interest • If the notary public knows that the document
in the subject matter of the document. This section shall contains information known or believed by the notary
not preclude a notary who is licensed as an attorney in to be false;
the State of RI or any employee of such attorney where
the attorney receives a legal fee for professional legal • If the notary knows there is intent to deceive or
services in connection with such document. defraud;
• If the notary knows the notarial act or associated

NOTARIZING FOR FAMILY transaction is unlawful;
MEMBERS • If the act is prohibited by other applicable law;
A notary public should not perform a notarial act for • If the number of notarial acts requested practicably
a spouse, domestic partner, parent, guardian, child or precludes completion of all acts at once, in which
sibling of the principal, including in-law, step, or half case the notary public shall arrange for later
relatives, except where such persons witness a will or completion of the remaining acts.
other legal document prepared by the notary who is an
attorney licensed in the State of RI.
NOTARIES WHO ARE A notary public should not refuse to

EMPLOYEES perform a notarial act solely based
A notary public owns their commission, stamp and journal
regardless of whether or not their employer paid for said on the principal’s race, advanced age,
commission and notary tools. This means that the notary gender, sexual orientation, religion,
must keep their stamp and journal under their control at
all times and not surrender them to anyone, including national origin, health or disability.
an employer. Also, a notary public must always follow RI
General Law and the Standards of Conduct for Notaries
Public when notarizing including physical appearance.
Employers cannot prohibit a notary from performing their
duties nor limit when a notary may perform notarial acts.

ACCEPTABLE FORMS OF IDENTIFICATION
Physical Presence is always required.
Identification of an individual is based on at least one CASE STUDY:

current document issued by a Federal, State, or tribal DO I REALLY NEED TO SEE IDENTIFICATION?
government bearing a photo image of the individual’s face
and signature. Credible witnesses may also be used when Tom Brady came into a local bank to have his
following the guidelines below. signature notarized on a contract between him and
his agent. Adrianna, the notary and a faithful fan of
For a person who is not a United States citizen, Tom Brady, was star-struck upon meeting him.
“satisfactory evidence of identity” shall mean identification
Tom apologized when he explained that he forgot
of an individual based on a valid passport, or another
his wallet containing his identification at home.
government-issued document evidencing the individual’s
nationality or residence, that bears a photographic image Adrianna decided that she could state that she
of the individual’s face and signature. personally knew Tom, since she had seen all his
games. She stated “personally known” in the
notarial certificate.
ACCEPTABLE FORMS
OF IDENTIFICATION INCLUDE: Adrianna completed the notarization, got Tom’s
autograph on a scrap of paper, and screamed with
• Driver’s license or identification card issued by the excitement after Tom left.
RI Division of Motor Vehicles or by another state,
Canada, Mexico or a territory of the United States Should Adrianna have notarized Tom’s signature
without requiring identification?
• Valid Passport issued by the U.S. Department of State
or by a foreign government NO!
• Identification card issued by any branch of the U.S.
armed forces
Now, for the real story…
• All Identification must be either current or expired not Tom Brady disagreed with his agent on the
more than three years. agent’s proposed fee on the new contract they
were negotiating, and Tom refused to sign the
Copies of identification are not acceptable forms of ID. contract.
The agent forged Tom’s signature on the
CREDIBLE WITNESS FOR IDENTIFICATION contract and hired a “look-alike” to present the
document for notarization.
The credible witness must be:
Poor Tom is now in court fighting with his agent
• Personally known to the signer and Adrianna has been subpoenaed to testify.
• Identified by the notary by satisfactory evidence of Adrianna is scared to death, embarrassed at
identification her error, and now knows that her Tom Brady
autograph is a fake!
• Physically in the notary’s presence at the time of
notarization Be careful when you state that you personally
know someone. This story is purely fictional, but
• An unbiased third party who has no interest in, or could actually happen to you if you aren’t careful.
benefit from, the transaction Our apologies to Mr. Brady and his agent.
• Placed under oath “Personally known” means that your acquaintance
Best practices encourage the notary to include a note of and association with the individual establishes
in their journal noting that a credible witness was used that person’s identity with reasonable certainty.
and the name of the credible witness, as well as, the
identification used.
COMPLAINTS AND NOTARY MISCONDUCT
Questions about filing a complaint: Please call the RI Department of
! Administration at 401-222-8880.
RIGL §42-30.1-16 Notaries Public WHAT TYPE OF ACTION MAY THE

Pursuant to RIGL §42-30.1-16 and the RI Administrative GOVERNOR AND THE RI DEPARTMENT OF
Procedures Act, notary complaints and misconduct are ADMINISTRATION TAKE?
the purview of the RI Governor and are investigated by
the Department of Administration. Upon completion of its investigation, the Department
may take one of the following actions:
RIGL §42-30.1-21 Notary public – Fraud or deceit in
office. • If the Department determines that the Complaint
fails to establish Reasonable Cause for a finding of
A notary public, who in the exercise of the powers, or in
a violation of the Standards, the Department shall
the performance of such office, shall practice any fraud
take no action on the Complaint, so advising the
or deceit, the punishment for which is not otherwise
Complainant and Respondent in writing; or,
provided for by law, shall be guilty of a misdemeanor and
fined not more than one thousand dollars ($1,000), or • If the Department determines that the Complaint
imprisoned not more than one year, or both. establishes Reasonable Cause, the Department
shall take such action as it deems appropriate
WHO MAY FILE A COMPLAINT AGAINST A under applicable law and the rules and regulations
NOTARY PUBLIC? adopted pursuant thereto, including the removal
or suspension of the Notary Public in accordance
Any identifiable person may file a complaint against
with RIGL §42-30.1-16. The Department will provide
a Notary Public who is alleged to have violated the
the following notice to the Respondent via regular
Standards of Conduct for Notaries Public.
and certified mail, postage pre-paid, a notice of
determination which shall provide:
HOW DO I FILE A COMPLAINT?
• A statement of legal authority and jurisdiction to
To file a complaint against a notary public, the proceed;
complaint must be made in writing. It should include
the complainant’s name and contact information, the • A statement of the allegations and findings,
respondent/notary public’s contact information and including a copy of the Complaint;
the nature of the complaint/allegation of the violation, • Reference to particular statutes, rules or
including the date of the alleged act, witnesses and any Standards that appear to have been violated;
facts deemed relevant to the allegation.
• A statement of the sanctions to be imposed; and,
• An opportunity to request a hearing within twenty
(20) days of the mailing of the determination notice.
FORM
Notary Complaint Form
Department of Administration,
One Capitol Hill
Providence, RI 02908
401-222-8880

AUTHENTICATIONS: APOSTILLES AND CERTIFICATIONS
! Apostilles and Certifications may be requested in person or by mail.
APOSTILLES CERTIFICATIONS
Documents that are going to be used outside of this A certification is a form of authentication used for
country may require authentication of the official’s signature, countries that do not participate in the 1961 Hague
capacity and seal. The Department of State can authenticate Convention Abolishing the Requirement of Legalization
RI public officials’ signatures. Notaries Public, Clerks of the for Foreign Public Documents. A certification is used to
Court, and the State Registrar of Vital Records are among authenticate public documents, certifying the authenticity
the most frequently authenticated public official signatures. of the issuing official’s or notary public’s signature on the
document, the capacity in which the person has acted, and
An apostille is a form of authentication established at identifies the seal/stamp which the document bears. These
the 1961 Hague Convention Abolishing the Requirement documents typically require additional authentication
of Legalization for Foreign Public Documents, to which by the U.S. Department of State after receiving state
the United States is a subscriber. An apostille is used to authentication.
authenticate public documents, certifying the authenticity
of the issuing official’s or notary public’s signature on the
document, the capacity in which the person has acted, FEDERAL OR MILITARY APOSTILLES
and identifies the seal/stamp which the document bears.
To authenticate the signature of a Federal or U.S. Military
Apostilles are used as transmittal on documents executed
official, the document must be presented to the U.S.
in one subscribing country that are being sent to another
Department of State’s Authentication Office. Click here to
subscribing country.
learn more.
TO REQUEST NEED TO KNOW

Apostille Order Forms: • Provide the name of the country to which
• Apostille Order Form - In-Person the documents will be sent.
• Apostille Order Form - By Mail • Submit the original or certified copy of
the document(s) that you wish to have an
Fee of $5.00 per apostille or certification apostille or certification attached to.
$
being requested.
Checks or money orders should be made • Mailed requests are processed daily. A
payable to the RI Department of State. mailed request will be returned to you by
first class mail. A self-addressed/stamped
Division of Business Services envelope will help expedite delivery time.
RI Department of State If overnight service is required, a pre-
148 West River Street addressed, pre-paid air bill must be included
Providence, RI 02904 with the request.

DEFINITIONS
? As they appear in the RI Notary Standards of Conduct and the General Laws.
(1) “Acknowledgment” means a declaration by an (7) “Credible witness” means an honest, reliable, and
individual before a notarial officer that the individual has impartial person who personally knows an individual
signed a record for the purpose stated in the record and, appearing before a notary public and takes an oath or
if the record is signed in a representative capacity, that affirmation from the notary to vouch for that individual’s
the individual signed the record with proper authority identity.
and signed it as the act of the individual or entity
identified in the record. (8) “Electronic” means relating to technology
having electrical, digital, magnetic, wireless, optical,
(2) “Affirmation” means a notarial act, or part thereof, electromagnetic, or similar capabilities.
that is legally equivalent to an oath in which an individual,
at a single time and place: (9) “Electronic signature” means an electronic symbol,
sound, or process attached to, or logically associated
(a) appears in person before the notary public; with, a record and executed or adopted by an individual
with the intent to sign the record.
(b) is personally known to the notary public or is
identified by the notary through satisfactory evidence (10) “In a representative capacity” means acting as:
of the identity; and
(c) makes a vow of truthfulness or fidelity under the (i) An authorized officer, agent, partner, trustee, or other
pains and penalties of perjury based on personal representative for a person other than an individual;
honor and without invoking a deity or using any form (ii) A public officer, personal representative, guardian,
of the word “swear.” or other representative, in the capacity stated in a
(3) “Commission” means both to empower to perform record;
notarial acts and the written evidence of authority to (iii) An agent or attorney-in-fact for a principal; or
perform those acts.
(iv) An authorized representative of another in any other
(4) “Commissioning agency” means the Rhode Island capacity.
office of the secretary of state. (11) “Journal of notarial acts” or “journal” means a
permanently bound book that creates and preserves a
(5) “Commissioning officer” means the governor of the
chronological record of notarizations performed by a
state of Rhode Island.
notary public.
(6) “Copy certification” means a notarial act in which a
(12) “Jurat” means a notarial act in which an individual,
notary public:
at a single time and place:
(1) is presented with a document that is neither a vital
(1) appears in person before the notary public and
record, a public record nor publicly recordable; and
(2) copies or supervises the copying of the document
(2) is personally known to the notary public or is
using a photographic or electronic copying process;
or
of the identity;
(3) compares the document to the copy; and
(3) signs the document in the presence of the notary
(4) determines that the copy is accurate and complete; public; and
and
(4) takes an oath or affirmation before the notary public
(5) applies an acknowledgment to the document owner’s vouching for the truthfulness or accuracy of the
signature attesting to the above listed facts. signed document.

(13) “Notarial act” means an act, whether performed liability company, association, joint venture, public
with respect to a tangible or electronic record, that corporation, government or governmental subdivision,
a notarial officer may perform under the law of this agency, or instrumentality, or any other legal or
state. The term includes taking an acknowledgment, commercial entity.
administering an oath or affirmation, taking a verification
on oath or affirmation, witnessing or attesting a (21) “Personal appearance” means that the principal and
signature, certifying or attesting a copy, noting a the notary public are physically close enough to see, hear,
protest of a negotiable instrument and transact, do and communicate with and hand identification documents to
finish all matters and things relating to protests and each other.
protesting bills of exchange and promissory notes, and
all other matters within their office required by law, take (22) “Personal knowledge of the identity” as used
depositions as prescribed by law, and acknowledgments in the Uniform Law on Notarial Acts means familiarity
of deeds and other instruments. with an individual resulting from interactions with that
individual over a period of time sufficient to dispel any
(14) “Notarial Certificate” and “Certificate” mean the reasonable uncertainty that the individual has the identity
part of, or an attachment to, a notarized document that claimed.
is completed by the notary public, bears the notary’s
signature and seal and states the facts attested by the (23) “Principal” means a person whose signature is
notary in a particular notarization. notarized, or a person other than a credible witness,
taking an oath or affirmation from the notary public.
(15) “Notarial officer” means a notary public or other
individual authorized to perform a notarial act. (24) “Record” means information that is inscribed on
a tangible medium or that is stored in an electronic or
(16) “Notarization” has the same meaning ascribed to other medium and is retrievable in perceivable form.
“notarial act” in Section 42-30.1-2 of the Rhode Island
General Laws. (25) “Regular place of work or business” means a
stationary office or workspace where one spends most of
(17) “Notary public” means an individual commissioned one’s working or business hours.
to perform a notarial act by the commissioning officer.
(26) “Satisfactory evidence of the identity” has the
(18) “Oath” means a notarial act, or part thereof, which meaning ascribed to it in Section 42-30.1- 6(b) of the
is legally equivalent to an affirmation, and in which an Rhode Island General Laws.
(27) “Sign” means, with present intent to authenticate or
(1) appears in person before the notary public; adopt a record:
(2) is personally known to the notary public or is identified • (i) To execute or adopt a tangible symbol; or
by the notary through satisfactory evidence of the
identity; and • (ii) To attach to, or logically associate with, the record
an electronic symbol, sound, or process.
(3) makes a vow of truthfulness or fidelity under the pains
and penalties of perjury by invoking a deity or using • (28) “Signature” means a tangible symbol or an
any form of the word “swear.” electronic signature that evidences the signing of a
(19) “Official stamp” means a physical image affixed to record.
a tangible record or an electronic image attached to, or
logically associated with, an electronic record. (29) “Signature witnessing” means a notarial act in
which an individual, at a single time and place:
(20) “Person” means an individual, corporation, business
trust, statutory trust, estate, trust, partnership, limited- (1) appears in person before the notary public and

(2) is personally known to the notary public or is
of the identity; and
(3) signs the document in the presence of the notary
public.
(30) “Stamping device” means:
(i) A physical device capable of affixing an official stamp

upon a tangible record; or
(ii) An electronic device or process capable of attaching
to, or logically associating an official stamp with, an
electronic record.
(31) “State” means a state of the United States of
America, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular
possession subject to the jurisdiction of the United
States.
(32) “Verification on oath or affirmation” means a

declaration that a statement in a record is true, made
by an individual under oath or by affirmation before a
notarial officer.

NOTARY FORMS
Application for Appointment to Office of Notary Public

NOTARY FORMS
Application for Appointment to Office of Notary Public - Page 2

NOTARY FORMS
Application for Reappointment/Renewal to Office of Notary Public

NOTARY FORMS
Application for Reappointment/Renewal to Office of Notary Public - Page 2

NOTARY FORMS
Notary Public Information Update - Page 1

NOTARY FORMS
Notary Public Information Update - Page 2
e) New Telephone Number(select one: home work cell ) f) New Email Address
g) New Employment Information

Name of Employer/Business Employer/Business Telephone Number (include area code)
Employer/Business Address City/Town State Zip Code
5. Applicant: I declare and affirm that I have examined this Notary Public Information Update and all statements contained herein are true and correct.
Type or Print Name of Notary Date
Signature of Notary
6. Notary: To be completed ONLY if if this Notary Public has changed their name.
State County
Subscribed and sworn to before me this day of , 20 .

Signature of Notary Public
Commission ID Commission Expiration Date
NOTARY
STAMP
If you have any questions, please call us at (401) 222-3040, Monday through Friday,
between 8:30 a.m. and 4:30 p.m., or email notaries@sos.ri.gov NOTARY INFO UPDATE - Revised: 01/2019

Notary Knowledge Assessment - Page 1
State of Rhode Island and Providence Plantations
Department of State - Business Services Division/Notary
FOR
SECRETARY OF STATE
NOTARY KNOWLEDGE ASSESSMENT USE ONLY
All notary applicants are required to know the powers and duties of the Rhode Island Office of
Notary Public. This twenty question assessment will help you determine if you have gained
sufficient knowledge of the office’s powers and duties. The assessment is available online at
www.sos.ri.gov/divisions/notary-public
1. True or False. A notary public who commits fraud or deceit in the exercise of his/her duties may be
imprisoned, fined or both.
True
False
2. True or False. If someone else presents the signer’s valid identification, a Notary may notarize the signature
of a signer who has not physically appeared before them.
True
False
3. A credible identifying witness can be used as an alternative to an expired form of identification if:
The credible witness meets all criteria The signer’s ID has been expired for more
under federal law. three years.
The credible witness meets all criteria The signer has known the witness for at
under Rhode Island state law. least six months.
4. True or False. Except for the administration of an Oath or Affirmation, all notarial acts require a notarial
certificate to be completed.
True
False
5. What information should be entered in the venue section of a notarial certificate?
The location where the notary’s The location of the notary’s business address.
commission is filed.
The location of the signer’s home address. The location where the notarization takes place.
6. The maximum fee a Notary may charge for a notarial act is:
Up to $10 Up to $1
Up to $20 Up to $5
7. The two most common notarial acts are:
Acknowledgments and copy certifications Acknowledgments and jurats
Protests and acknowledgments Jurats and copy certifications
Page 1 of 3 Notary Public Knowledge Assessment - 01/2019

8. What is the difference between an oath and an affirmation?
An oath is taken verbally, an affirmation An oath is a promise to a higher power, an

is a promise in writing. affirmation is a promise made on personal honor.
An oath is taken in court, but an affirmation An oath is a promise made before a judge, an
is taken anywhere. affirmation is a promise made before a civilian.
9. A jurat is a notary act that:
Is identical to an acknowledgment. Is only administered to a member of a jury in a

court.
Requires a Notary to administer an oath or Requires the signer to appear before a judge.
affirmation to a signer.
10. True or False. When you print and sign your name on a notarial certificate, it should always match the
name that appears on your notary commission.
True
False
11. When identifying an individual, a notary may accept the following forms of identification (Current or
expired not more than 3 years.):
A driver’s license or identification card issued A passport issued by the U.S. Department of
by a U.S. Division of Motor Vehicles, Canada, State or by a foreign government.
Mexico, or other territory of the U.S.
Identification card issued by any branch of All responses are acceptable forms of
the U.S. armed forces. identification.
12. True or False. “Personally known” means that you have known the signer for a sufficient amount of time
and you are absolutely certain that the signer has the identity claimed.
True
False
13. Yes or No. Your roommate just introduced their cousin to you and then asked if you could notarize a
document for them. For purposes of notarizing the document, can you consider your roommate’s cousin
to be “personally known” to you?
Yes
No


14. True of False. The use of a notary stamp is optional for a notary public in the State of Rhode Island.
True
False
15. Which notarial act allows a signer to affix their signature to a document before they appear in front
of a notary?
Jurat Acknowledgment Signature Witnessing

16. When performing an Acknowledgment, which step is not required?
Watch the signer affix their signature Have the signer verbally acknowledge that their
to the document. signature was made competently and voluntarily.
Compare the signature on the document to Identify the signer through personal knowledge
signer’s ID and the signer’s signature in or an accepted form of identification.
your notary journal.
17. True or False. A non-attorney notary public may not use the term “notario” or “notario publico.” A non-
attorney notary that advertises notarial services should prominently display in any advertisement “I am
not an attorney and have no authority to give advice on immigration or other legal matters.” This
disclaimer should be displayed in the same language as the advertisement.
True False
18. A notary stamp must be round (circular) or rectangular with an edged border and include the following
elements. Choose all that apply:
Notary’s name exactly as it appears on Words “NOTARY PUBLIC” and “RHODE ISLAND.”
their commission.
The notary’s identification number. The notary’s expiration date.

19. True or False. The notary’s tools (commission, stamp, and journal) are the exclusive property of the
notary, they may not be used by any other person.
True
False
20. True or False. If a notary leaves their job and their employer paid the commission filing fee, the notary
must surrender their stamp and/or journal to employer.
True
False
A score of 80% or higher demonstrates sufficient knowledge. Please review the notary manual and if necessary,
take the assessment again. To obtain the assessment answer sheet, email notaries@sos.ri.gov or call
401-222-3040.

CHAPTER 42-30.1
Uniform Law on Notarial Acts [Effective
January 1, 2019]
Index Of Sections
• § 42-30.1-1. Title. [Effective January 1, 2019.]
• § 42-30.1-2. Definitions. [Effective January 1, 2019.]
• § 42-30.1-3. Authority to perform notarial act. [Effective January 1, 2019.]
• § 42-30.1-4. Requirements for certain notarial acts. [Effective January 1,
2019.]
• § 42-30.1-5. Personal appearance required. [Effective January 1, 2019.]
• § 42-30.1-6. Identification of individual. [Effective January 1, 2018.]
• § 42-30.1-7. Authority to refuse to perform notarial act. [Effective January 1,
2019.]
• § 42-30.1-8. Signature if individual unable to sign. [Effective January 1,
2019.]
• § 42-30.1-9. Notarial act in this state. [Effective January 1, 2019.]
• § 42-30.1-10. Notarial act in another state. [Effective January 1, 2019.]
• § 42-30.1-11. Notarial act under federal authority. [Effective January 1,
2019.]
• § 42-30.1-12. Foreign notarial act. [Effective January 1, 2019.]
• § 42-30.1-13. Official stamp. [Effective January 1, 2019.]
• § 42-30.1-14. Notification regarding performance of notarial act on
electronic record – Selection of technology. [Effective January 1, 2019.]
• § 42-30.1-15. Commission as notary public – Qualifications – No immunity or
benefit. [Effective January 1, 2019.]
• § 42-30.1-16. Grounds to deny, refuse to renew, revoke, suspend, or
condition commission of notary public. [Effective January 1, 2019.]
• § 42-30.1-17. Database of notaries public. [Effective January 1, 2019.]
• § 42-30.1-18. Prohibited acts. [Effective January 1, 2019.]
• § 42-30.1-19. Validity of notarial acts. [Effective January 1, 2019.]
• § 42-30.1-20. Fees for authentication of a notary public signature. [Effective
January 1, 2019.]
• § 42-30.1-21. Notary public – Fraud or deceit in office. [Effective January 1,
2019.]
• § 42-30.1-22. Notary public commission effect. [Effective January 1, 2019.]
• § 42-30.1-23. Savings clause. [Effective January 1, 2019.]
• § 42-30.1-24. Relation to electronic signatures in global and national
commerce act. [Effective January 1, 2019.]
SECTION 42-30.1-1
§ 42-30.1-1. Title. [Effective January 1, 2019.]
This chapter shall be known and may be cited as the Uniform Law on Notarial Acts.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-2. Definitions. [Effective January 1, 2019.]
For purposes of this chapter, the following definitions apply:
(1) "Acknowledgment" means a declaration by an individual before a notarial officer

that the individual has signed a record for the purpose stated in the record and, if
the record is signed in a representative capacity, that the individual signed the
record with proper authority and signed it as the act of the individual or entity
identified in the record.
(2) "Commissioning agency" means the Rhode Island office of the secretary of state.
(3) "Commissioning officer" means the governor of the state of Rhode Island.
(4) "Electronic" means relating to technology having electrical, digital, magnetic,

wireless, optical, electromagnetic, or similar capabilities.
(5) "Electronic signature" means an electronic symbol, sound, or process attached to,
or logically associated with, a record and executed or adopted by an individual with
the intent to sign the record.
(6) "In a representative capacity" means acting as:
(i) An authorized officer, agent, partner, trustee, or other representative for a person
other than an individual;
(ii) A public officer, personal representative, guardian, or other representative, in the

capacity stated in a record;
(iii) An agent or attorney-in-fact for a principal; or
(iv) An authorized representative of another in any other capacity.
(7) "Notarial act" means an act, whether performed with respect to a tangible or
electronic record, that a notarial officer may perform under the law of this state. The
term includes taking an acknowledgment, administering an oath or affirmation,
taking a verification on oath or affirmation, witnessing or attesting a signature,
certifying or attesting a copy, noting a protest of a negotiable instrument and
transact, do and finish all matters and things relating to protests and protesting bills
of exchange and promissory notes, and all other matters within their office required
by law, take depositions as prescribed by law, and acknowledgments of deeds and
other instruments.
(8) "Notarial officer" means a notary public or other individual authorized to perform
a notarial act.
(9) "Notary public" means an individual commissioned to perform a notarial act by

the commissioning officer.
(10) "Official stamp" means a physical image affixed to a tangible record or an

electronic image attached to, or logically associated with, an electronic record.
(11) "Person" means an individual, corporation, business trust, statutory trust,

estate, trust, partnership, limited-liability company, association, joint venture, public
corporation, government or governmental subdivision, agency, or instrumentality, or
any other legal or commercial entity.
(12) "Record" means information that is inscribed on a tangible medium or that is

stored in an electronic or other medium and is retrievable in perceivable form.
(13) "Sign" means, with present intent to authenticate or adopt a record:
(i) To execute or adopt a tangible symbol; or
(ii) To attach to, or logically associate with, the record an electronic symbol, sound,
or process.
(14) "Signature" means a tangible symbol or an electronic signature that evidences

the signing of a record.
(15) "Stamping device" means:
(i) A physical device capable of affixing an official stamp upon a tangible record; or
(ii) An electronic device or process capable of attaching to, or logically associating an

official stamp with, an electronic record.
(16) "State" means a state of the United States of America, the District of Columbia,
Puerto Rico, the United States Virgin Islands, or any territory or insular possession
subject to the jurisdiction of the United States.
(17) "Verification on oath or affirmation" means a declaration that a statement in a

record is true, made by an individual under oath or by affirmation before a notarial
officer.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-3. Authority to perform notarial act. [Effective January 1, 2019.]
A notarial officer may perform a notarial act authorized by this chapter or by law of
this state other than this chapter.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-4. Requirements for certain notarial acts. [Effective January 1, 2019.]
(a) A notarial officer who takes an acknowledgment of a record shall determine, from
personal knowledge or satisfactory evidence of the identity of the individual, that the
individual appearing before the officer and making the acknowledgment has the
identity claimed and that the signature on the record is the signature of the
individual.
(b) A notarial officer who takes a verification of a statement on oath or affirmation

shall determine, from personal knowledge or satisfactory evidence of the identity of
the individual, that the individual appearing before the notarial officer and making
the verification has the identity claimed and that the signature on the statement
verified is the signature of the individual.
(c) A notarial officer who witnesses or attests to a signature shall determine, from
personal knowledge or satisfactory evidence of the identity of the individual, that the
individual appearing before the notarial officer and signing the record has the
identity claimed.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-5. Personal appearance required. [Effective January 1, 2019.]
If a notarial act relates to a statement made in, or a signature executed upon, a

record, the individual making the statement or executing the signature shall appear
personally before the notarial officer.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-6. Identification of individual. [Effective January 1, 2018.]
(a) A notarial officer has personal knowledge of the identity of an individual

appearing before the notarial officer if the individual is personally known to the
notarial officer through dealings sufficient to provide reasonable certainty regarding
the legal identity of the individual.
(b) A notarial officer has satisfactory evidence of the identity of an individual

appearing before the notarial officer if the notarial officer can identify the individual:
(1) By means of:
(i) A passport, driver's license, or government-issued, non-driver identification card,

that is current or expired not more than three (3) years before performance of the
notarial act; or
(ii) Another form of government identification issued to an individual that is current

or expired not more than three (3) years before performance of the notarial act,
contains the signature or a photograph of the individual, and is satisfactory to the
notarial officer; or
(c) A notarial officer may require an individual to provide additional information or

identification credentials necessary to assure the notarial officer of the identity of
the individual.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-7. Authority to refuse to perform notarial act. [Effective January 1,

2019.]
(a) A notarial officer may refuse to perform a notarial act if the notarial officer is not
satisfied that:
(1) The individual executing the record is competent or has the capacity to execute
the record; or
(2) The individual's signature is knowingly and voluntarily made.
(b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited
by law other than this chapter.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-8. Signature if individual unable to sign. [Effective January 1, 2019.]
If an individual is physically unable to sign a record, the individual may direct an

individual other than the notarial officer to sign the individual's name on the record.
The notarial officer shall insert "Signature affixed by (name of other individual) at the
direction of (name of individual)" or words of similar import.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-9. Notarial act in this state. [Effective January 1, 2019.]
The signature and title of an individual performing a notarial act in this state are
prima facie evidence that the signature is genuine and that the individual holds the
designated title.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-10. Notarial act in another state. [Effective January 1, 2019.]
(a) A notarial act performed in another state has the same effect under the law of
this state as if performed by a notarial officer of this state, if the act performed in
that state is performed by:
(1) A notary public of that state;
(2) A judge, clerk, or deputy clerk of a court of that state; or
(3) Any other individual authorized by the law of that state to perform the notarial
act.
(b) The signature and title of an individual performing a notarial act in another state
are prima facie evidence that the signature is genuine and that the individual holds
the designated title.
(c) The signature and title of a notarial officer described in subsection (a)(1) or (a)(2)
of this section conclusively establish the authority of the officer to perform the
notarial act.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-11. Notarial act under federal authority. [Effective January 1, 2019.]
(a) A notarial act performed under federal law has the same effect under the law of
this state as if performed by a notarial officer of this state, if the act performed
under federal law is performed by:
(1) A judge, clerk, or deputy clerk of a court;
(2) An individual in military service, or performing duties under the authority of

military service, who is authorized to perform notarial acts under federal law;
(3) An individual designated a notarizing officer by the United States Department of

State for performing notarial acts overseas; or
(4) Any other individual authorized by federal law to perform the notarial act.
(b) The signature and title of an individual acting under federal authority and
performing a notarial act are prima facie evidence that the signature is genuine and
that the individual holds the designated title.
(c) The signature and title of an officer described in subsection (a)(1), (a)(2), or (a)(3)
of this section conclusively establish the authority of the officer to perform the
notarial act.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-12. Foreign notarial act. [Effective January 1, 2019.]
(a) In this section, "foreign state" means a government other than the United States
of America or a state not including the state of Rhode Island.
(b) If a notarial act is performed under authority and in the jurisdiction of a foreign
state or constituent unit of the foreign state, the act has the same effect under the
law of this state as if performed by a notarial officer of this state.
(c) If the title of office and indication of authority to perform notarial acts in a foreign
state appears in a digest of foreign law or in a list customarily used as a source for
that information, the authority of an officer with that title to perform notarial acts is
conclusively established.
(d) The signature and official stamp of an individual holding an office described in
subsection (c) of this section are prima facie evidence that the signature is genuine
and the individual holds the designated title.
(e) A consular authentication issued by an individual designated by the United States

Department of State as a notarizing officer for performing notarial acts overseas and
attached to the record with respect to which the notarial act is performed
conclusively establishes that the signature of the notarial officer is genuine and that
the officer holds the indicated office.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-13. Official stamp. [Effective January 1, 2019.]
The official stamp of a notary public must:
(1) Include the notary public's name, the words "notary public", jurisdiction, and
other information required by the rules of the commissioning agency; and
(2) Be capable of being copied together with the record to which it is affixed or
attached or with which it is logically associated;
(3) This section shall not preclude a notarial officer who is a member of the general
assembly in this state from notarizing a document without the use of a stamp on the
floor of the general assembly during open session.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-14. Notification regarding performance of notarial act on electronic

record – Selection of technology. [Effective January 1, 2019.]
(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 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 agency has established standards for approval of technology, the
technology must conform to the standards. If the technology conforms to the
standards, the commissioning agency shall approve the use of the technology.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-15. Commission as notary public – Qualifications – No immunity or

benefit. [Effective January 1, 2019.]
(a) A notarial act may be performed in this state by:

(1) A notary public of this state;
(2) An individual qualified under subsection (b) of this section may apply to the
commissioning officer for a commission as a notary public. The applicant shall
comply with the information required herein and pay the sum of eighty dollars
($80.00).
(b) An applicant for a commission as a notary public must:
(1) Be at least eighteen (18) years of age;
(2) Be a citizen or permanent legal resident of the United States;
(3) Be a resident of or have a place of employment or practice in this state;
(4) Be able to read and write English;
(5) Not be disqualified to receive a commission under § 42-30.1-16; and
(6) Demonstrate sufficient knowledge of the powers and duties pursuant to the
requirements of this chapter.
(c) A member in good standing of the Rhode Island bar and certified public
accountants under § 5-3.1-5, shall, regardless of residence, be appointed a notary
public upon application and presentment of a certified copy of their certificate of
admission to the bar or certificate of public accountancy;
(d) Every state senator, state representative, member of a city or town council, chief,
deputy, and assistant clerk of any state court, clerks of the board of canvassers and
workers' compensation court, municipal clerks, and the board of canvassers registrar
may be appointed a notary public following election, appointment, or hiring, as
applicable, and upon application and presentment of reasonable evidence of the
office or employment, and shall retain the appointment throughout the
uninterrupted duration and term of the office, appointment, or employment;
(1) No notary public set forth in subsection (d) shall be required to pay an application
fee. The notaries public set forth in subsection (d) must complete the appropriate
oath of office as set forth in subsection (2). The notaries public set forth in
subsection (d) who may be reappointed or continued in office, may continue to
officiate while in office without taking a new oath of office.
(2) Before issuance of a commission as a notary public, an applicant for the
commission shall execute an oath of office and submit it to the commissioning
agency.
(e) Two (2) police officers from each state and local police department of this state,
as identified in writing by the chief of police.
(f) On compliance with this section, the commissioning officer shall issue a
commission as a notary public to an applicant for a term of four (4) years.
(g) Every notary public appointed by the commissioning officer and not reappointed
may continue to officiate for a space of thirty (30) days after the date on which his or
her commission expires.
(h) A commission to act as a notary public authorizes the notary public to perform
notarial acts. The commission does not provide the notary public any immunity or
benefit conferred by law of this state on public officials or employees.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-16. Grounds to deny, refuse to renew, revoke, suspend, or condition

commission of notary public. [Effective January 1, 2019.]
(a) The commissioning officer may deny, refuse to renew, revoke, suspend, or
impose a condition on a commission as notary public for any act or omission that
demonstrates 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 or omission in the application

for a commission as a notary public submitted to the commissioning officer and/or
agency;
(3) A conviction of the applicant or notary public of any crime that involves fraud,
dishonesty, or deceit; provided that in determining whether to deny, refuse to
renew, revoke, suspend, or condition the commission, the commissioning officer
shall consider such factors as the seriousness of the crime; whether the crime relates
directly to the training and skills needed for the commission of a notary public; how
much time has elapsed since the crime was committed; and the applicant's actions
and conduct since the crime was committed;
(4) A finding against, or admission of liability by, the applicant or notary public in any
legal proceeding or disciplinary action based on the applicant's or notary public's
fraud, dishonesty, or deceit;
(5) Use of false or misleading advertising or representation by the notary public

representing that the notary public has a duty, right, or privilege that the notary
public does not have;
(6) Denial, refusal to renew, revocation, suspension, or conditioning of a notary

public commission in another state; or
(7) Termination or revocation of a certificate of admission to the Rhode Island bar or

a certificate of public accountancy.
(b) If the commissioning officer denies, refuses to renew, revokes, suspends, or

imposes conditions on a commission as a notary public, the applicant or notary
public is entitled to timely notice and hearing in accordance with chapter 35 of this
title.
(c) The authority of the commissioning officer to deny, refuse to renew, suspend,
revoke, or impose conditions on a commission as a notary public does not prevent a
person from seeking and obtaining other criminal or civil remedies provided by law.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-17. Database of notaries public. [Effective January 1, 2019.]
The commissioning agency shall maintain an electronic database of notaries public:
(1) Through which a person may verify the authority of a notary public to perform
notarial acts; and
(2) That indicates whether a notary public has notified the commissioning agency
that the notary public will be performing notarial acts on electronic records.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-18. Prohibited acts. [Effective January 1, 2019.]
(a) A commission as a notary public does not authorize an individual to:
(1) Assist persons in drafting legal records, give legal advice, or otherwise practice
law;
(2) Act as an immigration consultant or an expert on immigration matters;
(3) Represent a person in a judicial or administrative proceeding relating to

immigration to the United States, United States citizenship, or related matters; or
(4) Receive compensation for performing any of the activities listed in this
subsection.
(b) A notary public may not engage in false or deceptive advertising.
(c) A notary public, other than an attorney licensed to practice law in this state, may
not use the term "notario" or "notario publico".
(d) A notary public, other than an attorney licensed to practice law in this state, may
not advertise or represent that the notary public may assist persons in drafting legal
records, give legal advice, or otherwise practice law. If a notary public who is not an
attorney licensed to practice law in this state in any manner advertises or represents
that the notary public offers notarial services, whether orally or in a record, including
broadcast media, print media, and the internet, the notary public shall include the
following statement, or an alternate statement authorized or required by the
commissioning agency, in the advertisement or representation, prominently and in
each language used in the advertisement or representation: "I am not an attorney
licensed to practice law in this state. I am not licensed to draft legal records, give
advice on legal matters, including immigration, or charge a fee for those activities." If
the form of advertisement or representation is not broadcast media, print media, or
the internet and does not permit inclusion of the statement required by this
subsection because of size, it must be displayed prominently or provided at the place
of performance of the notarial act before the notarial act is performed.
(e) Except as otherwise allowed by law, a notary public may not withhold access to,
or possession of, an original record provided by a person that seeks performance of a
notarial act by the notary public.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-19. Validity of notarial acts. [Effective January 1, 2019.]
Except as otherwise provided in § 42-30.1-3(b), the failure of a notarial officer to

perform a duty or meet a requirement specified in this chapter does not invalidate a
notarial act performed by the notarial officer. The validity of a notarial act under this
chapter does not prevent an aggrieved person from seeking to invalidate the record
or transaction that is the subject of the notarial act or from seeking other remedies
based on the law of this state other than this chapter or law of the United States of
America. This section does not validate a purported notarial act performed by an
individual who does not have the authority to perform notarial acts.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-20. Fees for authentication of a notary public signature. [Effective

January 1, 2019.]
A fee of five dollars ($5.00) shall be charged and collected by the office of the
secretary of state for the authentication or certification of the signature of a notary
public. In any event where the office of the secretary of state shall authenticate or
certify the signatures of a notary public upon multiple relevant documents presented
simultaneously, and all of which documents pertain to the same matter or
transaction and are to be filed at one time, the aggregate fee charged for the
authentications or certifications shall be the lesser of the above-referenced fee
charged per each authentication or certification, or one hundred fifty dollars ($150).
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-21. Notary public – Fraud or deceit in office. [Effective January 1, 2019.]
A notary public who, in the exercise of the powers or in the performance of the
duties of the office, shall practice any fraud or deceit, the punishment for which is
not otherwise provided for by law, shall be guilty of a misdemeanor and fined not
more than one thousand dollars ($1,000), or imprisoned not more than one year, or
both.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-22. Notary public commission effect. [Effective January 1, 2019.]
A commission as a notary public in effect on January 1, 2019, continues until its date
of expiration. A notary public who applies to renew a commission as a notary public
on or after January 1, 2019, is subject to and shall comply with this chapter. A notary
public, in performing notarial acts after January 1, 2019, shall comply with this
chapter.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-23. Savings clause. [Effective January 1, 2019.]
This chapter does not affect the validity or effect of a notarial act performed before
January 1, 2019.
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
§ 42-30.1-24. Relation to electronic signatures in global and national commerce act.

[Effective January 1, 2019.]
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and
National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or
supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic
delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. §
7003(b).
History of Section.
(P.L. 2018, ch. 104, § 4; P.L. 2018, ch. 109, § 4.)
BY HER EXCELLENCY
GINA M. RAIMONDO, GOVERNOR OF THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
&
BY THE HONORABLE
NELLIE M. GORBEA, SECRETARY OF STATE, STATE OF RHODE ISLAND AND PROVIDENCE
PLANTATIONS
EFFECTIVE AS OF JANUARY 1, 2019
STANDARDS OF CONDUCT FOR NOTARIES PUBLIC IN THE

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
Section 1: Applicability
(a ) All notaries public should adhere to these Standards of Conduct for Notaries Public in the
State of Rhode Island and Providence Plantations ("Standards of Conduct"). These Standards
of Conduct will be considered by the Governor in the appointment, reappointment and
removal of notaries public from their commissions.
(b) Nothing in these Standards of Conduct supersedes the provisions of any court rule, including
court forms; the Rhode Island General Laws, including but not limited to Title 42, Chapter
30.1 ( the "Uniform Law on Notarial Act"); any Federal statute; or any regulation adopted
pursuant to the Rhode Island General Laws or Federal statute.
Section 2: Definitions
Terms used but not otherwise defined below shall have the meanings ascribed to them in Section
42-30.1-2 of the Rhode Island General Laws.
(a) "Affirmation" means a notarial act, or part thereof, that is legally equivalent to an oath in which
an individual, at a single time and place:
( 1 ) appears in person before the notary public;
(2 ) is personally known to the notary public or is identified by the notary through satisfactory
evidence of the identity; and
(3) makes a vow of truthfulness or fidelity under the pains and penalties of perjury based on
personal honor and without invoking a deity or using any form of the word "swear."
( b) "Commission" means both to empower to perform notarial acts and the written evidence of
authority to perform those acts.
(c) "Copy certification" means a notarial act in which a notarypublic:
(1) is presented with a document that is neither a vital record, a public record nor publicly
recordable; and
(2) copies or supervises the copying of the document using a photographic or electronic
copymg process; or
(3) compares the document to the copy; and
(4) determines that the copy is accurate and complete; and
(5) applies an acknowledgment to the document owner's signature attesting to the above listed
facts.
(d) "Credible witness" means an honest, reliable, and impartial person who personally knows an
individual appearing before a notary public and takes an oath or affirmation from the notary to
vouch for that individual's identity.
( e) "Journal of notarial acts" or "journal" means a permanently bound book that creates and
preserves a chronological record of notarizations performed by a notary public.
(f) "Jurat" means a notarial act in which an individual, at a single time and place:
(1) appears in person before the notary public and presents a document;
(2 ) is personally known to the notary public or is identified by the notary through satisfactory
evidence of the identity;
(3) signs the document in the presence of the notary public; and
(4) takes an oath or affirmation before the notary public vouching for the truthfulness or
accuracy of the signed document.
( g) "Notarization" has the same meaning ascribed to "notarial act" in Section 42-30.1-2 of the Rhode
Island General Laws.
(h) "Notarial Certificate" and "Certificate" mean the part of, or an attachment to, a notarized
document that is completed by the notary public, bears the notary's signature and seal and states the
facts attested by the notary in a particular notarization.
(i) "Oath" means a notarial act, or part thereof, which is legally equivalent to an affirmation, and in
which an individual, at a single time and place:
(1) appears in person before the notary public;
(2) is personally known to the notary public or is identified by the notary through satisfactory
evidence of the identity; and
2
(3) makes a vow of truthfulness or fidelity under the pains and penalties of perjury by invoking a
deity or using any form of the word "swear."
(j) "Personal appearance" means that the principal and the notary public are physically close
enough to see, hear, communicate with and hand identification documents to each other.
(k) "Personal knowledge of the identity" as used in the Uniform Law on Notarial Acts means
familiarity with an individual resulting from interactions with that individual over a period of time
sufficient to dispel any reasonable uncertainty that the individual has the identity claimed.
(l) "Principal" means a person whose signature is notarized, or a person other than a credible
witness, taking an oath or affirmation from the notary public.
(m) "Regular place of work or business" means a stationary office or workspace where one spends
most of one's working or business hours.
(n) "Satisfactory evidence of the identity" has the meaning ascribed to it in Section 42-30.1-
6(b) of the Rhode Island General Laws.
(o) "Signature witnessing" means a notarial act in which an individual, at a single time and
place:
( 1) appears in person before the notary public and presents a document;
(2) is personally known to the notary public or is identified by the notary through
satisfactory evidence of the identity; and
(3) signs the document in the presence of the notary public.
Section 3: Scope and Description of Duties
(a) A notary public may perform the following notarial acts: acknowledgments, oaths and
affirmations, jurats, signature witness, copy certifications, issuance of subpoenas and deposition of
witnesses.
(b) In completing a notarial act, a notary public should sign his or her name exactly as it appears on
the notary's commission, write the title "Notary Public" after his or her signature, list his or her
commission expiration date and list his or her notary identification number. Applicants must use
their full first and last name (full middle name or middle initial is optional) or first initial, full
middle and last name on the application. Neither initials alone nor a nickname will be accepted.
Whatever form the applicant's name is used on the application must be consistently used
throughout the duration of the applicant's notary commission when performing notarial acts, e.g., a
notary commissioned as John R. Doe may not perform notarial acts as John Roe Doe or J. Roe
Doe.
(c) A notary public may charge a fee not to exceed $5 per document/notarization; travel fees must be
3
equal to or less than the then effective federal mileage rate as issued by the Internal Revenue
Service. All fees must be posted in a conspicuous place in the notary's place ofbusiness or upon
request, fees must be disclosed to any person utilizing the services ofthe notary.
(d ) A notary public has neither the duty nor the authority to investigate, ascertain or attest to the
lawfulness, propriety, accuracy or truthfulness ofa document or transaction involving a notarial
act.
(e) The Rhode Island General Laws require the use ofa notary stamp when notarizing documents.
The stamp shall be in round (circular) or rectangular form with an edge border surrounding the
required elements ofthe stamp.
The stamp must include the notary's name exactly as it appears on his or her commission and the
words "NOTARY PUBLIC" and "RHODE ISLAND." The stamp may also include the notary's
identification number and commission expiration date.
A notary's stamp is the exclusive property ofthe notary; it may not be used by any other person. This
section shall not preclude a notary who is a member ofthe General Assembly in the State ofRhode
Island from notarizing a document without the use ofthe stamp on the floor ofthe General Assembly
during open session.
(f) Each notary public should develop and adhere to his or her own "standard operating procedure"
when notarizing instruments. This will benefit the notary ifhe or she is ever required to testify as
how a particular instrument was notarized. A notary may find the use of a "journal ofnotarial acts"
to be a beneficial tool. Notaries electing to use a "journal ofnotarial acts" should as a matter of
good practice record the following:
( 1) the date and time of the notarial act;
(2) the type and description of the notarial act and document notarized;
(3) the signature, printed name and address ofeach principal and witness;
(4) description ofthe satisfactory evidence ofthe identity ofeach person;
( 5) the fee, if any, charged for the notarial act; and
( 6) the circumstances for not completing a notarial act.
A notary public should not record a Social Security or credit card number in the journal
The keeping of a journal is recommended as best practice but not required. These Standards of
Conduct shall not be construed to impair or infringe in any way on the attorney-client privilege
or the attorney work product doctrine.
(g) Certificates for Notarial Acts
( i) A notary public should take the acknowledgment of the signature or mark ofpersons
acknowledging for themselves or in any representative capacity by using substantially
4
the following form:
State of ---------
County of ---------
On this ___ day of ____, 20 _, before me, the undersigned notary public,
personally appeared (name of document signer), and provided to me, through satisfactory
evidence of the identification, which was ___________ to be the person
whose name is signed on the preceding or attached document, and acknowledged that s/he
signed the document voluntarily for its stated purpose.
Notary Public
[Typed or Printed Notary Public Name]
[Notary ID Number]
My commission expires: _______
(ii) A notary public should use ajurat certificate in substantially the following form in
notarizing a signature or mark on an affidavit or other sworn or affirmed written
declaration:
State of ---------
County of ________
Subscribed to and sworn to (or affirmed) before me on this __ day of _____, 20_, by
(name of document signer), who proved to me through satisfactory evidence of the identification
to be the person who appeared before me.
Notary Public
[Notary ID Number]
My commission expires: ________
(iii) A notary public should witness a signature in substantially the following form in
notarizing a signature or mark to confirm that it was affixed in the notary's presence
without administration of an oath oraffirmation:
State of ---------
County of ---------
On this __day of _____,20_, before me, the undersigned notary public, personally
appeared (name of document signer), and proved through satisfactory evidence of
identification, to be the person whose name is signed on document in my presence.
Notary Public
5
[Notary ID Number]
My Commission expires: ________
(iv) A notary public should certify a copy by using substantially the following form:
State of ---------
County of _________
On this_ day of ____,20_, I certify that the document is a trne, exact, complete, and
unaltered copy made by me of __________ (description of the document),
presented to me by __________, and to the best of my knowledge the copied
document is neither a vital record nor a publicly recordable document that may be available
as a certified copy from an official source other than a notary public.
Notary Public
[Notary ID Number]
My Commission expires:________
(h) A notary public may certify the affixation of a signature by mark on a document presented for
notarization if:
( 1) the principal affixes the mark in the presence of the notary public and of 2 witnesses
unaffected by the document;
(2) both witnesses sign their own names beside the mark;
(3) the notary public writes below the mark: "Mark affixed by (name of signer by mark) in
the presence of (names and addresses of witnesses) and undersigned notary; and
(4) the notary public notarizes the signature by mark through an acknowledgment, jurat or
signature witnessing.
( i) The notary public may sign the name of a principal who is physically unable to sign or make a
mark on a document presented for notarization if:
( 1) the principal directs the notary public to do so in the presence of 2 witnesses who are
unaffected by the document;
(2) the principal does not have a demeanor that causes the notary public to have a
compelling doubt about whether the principal knows the consequences of the transaction
requiring the notarial act;
(3) in the notary public's judgment, the principal is acting of his or her own free will;
(4) the notary public signs the principal's name in the presence of the principal and the
6
witnesses;
(5) both witnesses sign their own names beside the signature;
(6) the notary public writes below the signature: "Signature affixed by notary public in the
presence of (names and addresses of principal and 2 witnesses) ;" and
(7) the notary public notarizes the signature through an acknowledgment, jurat or signature
witnessing.
U) This section does not require a notary public to use the forms set forth above if the form of
acknowledgment, jurat, signature witnessing or copy certification of a document contains an
alternative form from another State if the document is to be filed or recorded in, or governed by the
laws of that other State.
(k) This section does not require a notary public to use the forms set forth above if the form of
acknowledgment, jurat, signature witnessing or copy certification appears on a printed form that
contains an express prohibition against altering that form.
(1) The forms of certificates for notarial acts set forth in this section are not intended to replace or
supersede the existing forms commonly used in conveyances of real estate or in other legal
documents within the State of Rhode Island, and in particular, those forms of certificates for
notarial acts approved by any committee of the Rhode Island Bar Association.
(m) Requirements for electronic notarizations:
(1) A notary public may perform electronic notarizations with software approved by the Rhode
Island Department of State the requirements pursuant to Section 4 2-30.1-14 of the Rhode
Island General Laws. The notary must register and provide a sample of the notary's signature
and official electronic stamp in addition to the eNotary capability they intend to use with the
Rhode Island Department of State before performing any notary act.
(2) All requirements and elements of paper-based notarization apply to electronic notarizations.
(3) The liability, sanctions, and remedies for the improper performance of electronic notarial acts
are the same as described and provided by law for the improper performance of non
electronic notarial acts.
Section 4: Prohibited Acts
(a) A notary public should not perform a notarial act if:
(1) the document presented for a certification is a vital record, a public record or a publicly
recorded document that is available as a certified copy from an official source other than a
notary public;
(2) the notary public is a party to or is named in the document that is to be notarized, except that
a notary may notarize a document if the notary is named in the document for the sole purpose
of receiving notices relating to the document and except that a notary who is licensed as an
7
attorney in the State of Rhode Island and is named as an executor, trustee or in any fiduciary
capacity in a document, or employees of such attorney, may perform notarial acts concerning
such document;
(3) the notary public will receive as a direct result of the notarial act any commission, fee,
advantage, right, title, interest, cash, property or other consideration exceeding in value the
fees set forth in these Standards of Conduct or has any financial interest in the subject matter
of the document. This section shall not preclude a notary who is licensed as an attorney in the
State of Rhode Island or any employee of such attorney where the attorney receives a legal
fee for professional legal services rendered in connection with such document; the notary
public is a spouse, domestic partner, parent, guardian, child or sibling of the principal,
including in-law, step, or half relatives, except where such persons witness a will or
other legal document prepared by the notary who is an attorney licensed in the State of
Rhode Island.
(b) A notary public should not refuse to perform a notarial act solely based on the principal's race,
advanced age, gender, sexual orientation, religion, national origin, health or disability.
(c) A notary public should not influence a person either to enter into or avoid a transaction
involving a notarial act by the notary, except that the notary may provide advice relating to
that transaction if the notary is duly qualified, trained or experienced in a particular industry
or professional field.
(d) A notary public should not execute a certificate containing information known or believed by
the notary to be false.
(e) A notary public should not affix an official signature or stamp on a notarial certificate that is
incomplete.
(f) A notary public should not provide or send a signed or stamped notarial certificate to another
person with the understanding that it will be completed or attached to a document outside of
the notary's presence.
( 1) in connection with a commercial, non-consumer transaction, a notary public may deliver

a signed, stamped or signed and stamped notarial certificate to an attorney with the
understanding that:
( i) the attorney will attach the certificate to a document outside of the notary's
presence; and
(ii) the attorney will hold such notarial certificate in escrow; and
(iii) the attorney informs the notary that the attorney will obtain the approval of the
principal, or principals, involved before attaching the certificate to the document.
(g) A notary public should not notarize a signature on a blank or incomplete document, except in
connection with a commercial, non-consumer transaction, a notary may deliver a signed,
stamped, or signed and stamped notarial certificate to an attorney with the understanding that:
( 1) the attorney will attach the certificate to a document outside of the notary's presence; and
(2) the attorney will hold such notarial certificate in escrow; and
8
(3) the attorney informs the notary that the attorney will obtain the approval of the principal
or principals involved before attaching the certificate to the document.
(h) A notary public should not perform any official act with the intent to deceive or defraud.
(i) A notary public should not influence a person either to enter into or avoid a transaction involving a
notarial act by the notary, except that the notary may advise against a transaction if the notary
knows or has good reason to believe that the associated transaction is unlawful.
Section 5: Change of Name or Address and Loss of Stamp.
Within 10 days after the change of a notary public's residence or name, the notary should file with the
Rhode Island Department of State, Notary Public Section, a Change of Address or Change of Name
form. The required forms can be obtained from the Notary Public Section, 148 W. River Street,
Providence, RI 02904 or wvvw.sos.ri.gov).
Any notary public whose stamp is lost, misplaced, destroyed, broken, damaged, stolen or otherwise
unworkable should immediately deliver written notice of that fact to the Rhode Island Department of
State. If and when the notary's stamp is recovered or replaced, written notice of the recovery or
replacement should also be delivered immediately to the Rhode Island Department of State, Notary
Division, 148 West River Street, Providence, RI 02904.
Section 6:Notification of Resignation or Death
(a) A notary public who ceases to meet the statutory qualifications or who becomes permanently
unable to perform his or her notarial duties, should resign his or her commission.
( b) A notary public who resigns his or her commission should send to the Rhode Island
Department of State by any means that provides a tangible receipt or acknowledgment,
including certified mail and electronic transmission, a signed notice indicating the
effective date of the resignation.
(c) If a notary public dies during the term of his or her commission, the notary's personal
representative, as soon as reasonably practicable after death, should notify the Rhode
Island Department of State of the death in writing by any means that provides a tangible
receipt or acknowledgment, including certified mail and electronic transmission. The
notary's personal representative should also comply with Section 7 of this document.
Section 7:Duties at the End of the Commission
When a notary public commission expires, is resigned, or is revoked, the notary should:
( a) As soon as reasonably practicable, destroy or deface all notary stamps so that they may not be
used:and
( b) I f the notary p ublic elected to use a "journal of notarial acts" as a matter of good practice,
the notary should retain the journal and records for seven years after the date of
expiration, resignation or revocation.
9
notarial act by the notary, except that the notary may advise against a transaction if the notary
knows or has good reason to believe that the associated transaction is unlawful.
Section 5: Change ofName or Address and Loss of Stamp.
Within 10 days after the change of a notary public's residence or name, the notary should file with the
Rhode Island Department of State, Notary Public Section, a Change of Address or Change of Name
form. The required forms can be obtained from the Notary Public Section, 148 W. River Street,
Providence, RI 02904 or ( 401) 222-1487 or www.sos.ri.gov ) Any notary public whose stamp is lost,
misplaced, destroyed, broken, damaged, stolen or otherwise unworkable should immediately deliver
written notice of that fact to the Rhode Island Department of State. If and when the notary's stamp is
recovered or replaced, written notice of the recovery or replacement should also be delivered
immediately to the Rhode Island Department of State, Notary Division, 148 West River Street,
Providence, RI 02904.
Section 6: Notification of Resignation or Death
(a) A notary public who ceases to be a qualified elector, ceases to be a member of the Rhode Island
Bar or who becomes permanently unable to perform his or her notarial duties, should resign his or
her commission.
( b) A notary public who resigns his or her commission should send to the Rhode Island
Department of State by any means that provides a tangible receipt or acknowledgment,
including certified mail and electronic transmission, a signed notice indicating the
effective date of the resignation.
(c ) If a notary public dies during the term of his or her comm 1ss 1on, the notary's personal
representative, as soon as reasonably practicable after death, should notify the Rhode
Island Department of State of the death in writing by any means that provides a tangible
receipt or acknowledgment, including certified mail and electronic transmission. The
notary's personal representative should also comply with Section 7 of this document.
Section 7: Duties at the End of the Commission
When a notary public commission expires, is resigned, or is revoked, the notary should:
(a ) As soon as reasonably practicable, destroy or deface all notary stamps so that they may not be
used: and
(b) If the notary public elected to use a "journal of notarial acts" as a matter of g ood practice,
the notary should retain the journal and records for seven years after the date of
expiration, resignation or revocation.
History of Document: Originally endorsed for issuance pursuant to Executive Order 09-08 dated
4/9/09; first amended on 10/15/2009; amended again on 11/18/2009;
amended and restated as of 1/1/2019. All amendments were made
pursuant to Executive Order 09-25 dated 10/1/09.
9
State of Rhode Island Electronic Notarization Standards
The purpose of these standards is to establish guidelines to define the duties and responsibilities for
notaries public electing to perform electronic notarial acts.
Definitions
1. “Commissioning agency” means the Rhode Island office of the Secretary of State.
2. “Commissioning officer” means the Governor of the state of Rhode Island.
3. "Electronic" means relating to technology having electrical, digital, magnetic,
wireless, optical, electromagnetic, or similar capabilities.
4. "Electronic signature" means an electronic symbol, sound, or process attached to, or

logically associated with, a record and executed or adopted by an individual with the intent to
sign the electronic record or record.
5. “Electronic record” means a record created, generated, sent, communicated, received, or stored
by electronic means.
6. “Electronic Notarial Act and Notarization” means a notarial act or notarization, by a Rhode
Island notary public who has registered to perform electronic notarial acts, on or involving an
electronic record and using electronic means authorized by the Commissioning Agency and the
Commissioning Officer or the laws of the jurisdiction of appointment.
7. “Electronic notarial certificate” means the portion of a notarized electronic record that is
completed by the notary public, bears the notary public's electronic signature and/or official
electronic seal, official title, commission number, commission expiration date, any required
information concerning the date and place of the electronic notarization, and states the facts
attested to or certified by the notary public in a particular electronic notarization.
8. “Electronic notary stamp” and “official electronic stamp” mean information within a notarized
electronic record that includes the notary public’s name, jurisdiction of appointment, and
generally corresponds to data in notary public stamps used on paper documents.
9. “Electronically enabled notary public” means a registered notary public who has the capability of
performing electronic notarial acts in conformance with these standards.
10. "Non-repudiation" means the inability of the signer of an electronic record to deny their
electronic signature without factual basis.
11. “Notary electronic signature” means those forms of electronic signature that comply with these
standards as an acceptable means for an electronic notary to affix the notary's official signature
to an electronic record that is being notarized.
12. “Notary public” means an individual commissioned or appointed to perform a notarial act by the
Commissioning Officer and the Commissioning Agency.
Page | 1
January 2019
13. “Physical appearance” and “appears before the notary” mean that the principal and the notary
public are physically close enough to see, hear, communicate with, and give identification
credentials to each other without reliance on electronic devices such as telephones, computers,
video cameras or facsimile machines.
14. “Registration” and “register” means registration with the Commissioning Agency in compliance
with these Standards.
15. “Tamper-evident” means that any changes to an electronic record shall display evidence of the
change.
16. "Unique to the Notary Public" and "under the sole control" mean, with respect to an electronic
notarization, that the signing device used to affix the electronic signature of the Notary Public
and to render the official electronic seal information tamper-evident shall be accessible by and
attributable solely to the Notary Public to the exclusion of all other persons and entities for the
necessary period of time that such device is engaged and operating to effectuate the authorized
Standards and Procedures
In performing electronic notarial acts, an electronic notary shall continue to adhere to all rules
governing paper-based notarial acts.
Physical Appearance Requirement
1. A notary public shall not perform an electronic notarization if the document signer does not
appear in person before the notary public at the time of the electronic notarization.
Under no circumstance should a notary public base identification upon familiarity with a signer’s
electronic signature or an electronic verification process that authenticates the signer’s electronic
signature when the signer is not in the physical presence of the notary public.
2. The methods for identifying document signers for an electronic notarization are the same as the
methods required for a paper-based notarization (RIGL § 42-30.1-6).
Registration Requirements
1. The Commissioning Agency requires that a notary public register the capability to notarize
electronically before performing any electronic notarial act. Such registration shall be with the
Commissioning Agency every time a notary public adopts a new or additional technology with
which to perform electronic notarial acts.
2. The Commissioning Agency requires a notary public who registers the capability of performing
electronic notarial acts to provide the following information: a) the applicant’s name as
currently commissioned, complete mailing address, and commission expiration date; b) the
electronic technology or technologies to be used in attaching or logically associating an
electronic notarial signature, stamp and certificate to an electronic record; c) an exemplar of the
notary’s electronic signature and official electronic stamp; d) any necessary instructions or
Page | 2
January 2019
techniques supplied by the vendor that allow the notary’s electronic signature and official
electronic stamp to be read. The viewer/reader shall be free and readily available so as to
enable all parties relying on the electronically notarized record or document to view the
electronic notary signature and the electronic notary stamp without incurring any cost; e) the
capability/solution shall comply with the laws, policies, rules and standards that govern Rhode
Island notaries; and f) a notary public registered as an electronic notary shall notify the
Commissioning Agency within five (5) days of changes, modifications or updates to information
previously submitted relative to their capability/solution.
3. Upon successful completion of all registration requirements, the Commissioning Agency will
email to the notary’s email address on file an approval letter that confirms the commission to
act as an electronic notary.
4. A notary public shall notify the Commissioning Agency in writing, by way of mail, in-person
delivery or email, within five (5) business days of a change of their email address.
Form and Manner of Performing the Electronic Notarial Act
1. When performing an electronic notarization, a notary public shall complete an electronic

notarial certificate and attach or logically associate the notary’s electronic signature and stamp
to that certificate in a tamper-evident manner. Evidence of tampering pursuant to this standard
may be used to determine whether the notarial act is valid or invalid.
2. The notary public's electronic signature is deemed to be reliable if the following requirements
are met: a) it is unique to the notary public, b) it is capable of independent verification, c) it is
retained under the notary public's sole control, and d) it is attached to or logically associated
with the electronic record in a tamper-evident manner. Evidence of tampering pursuant to this
standard may be used to determine whether the notarial act is valid or invalid.
3. The notary public's official electronic stamp is deemed to be reliable if the following
requirements are met: a) it is unique to the notary public, b) it is capable of independent
verification, c) it is retained under the notary public's sole control, and d) it is attached to or
logically associated with the electronic record in a tamper-evident manner. Evidence of
tampering pursuant to this standard may be used to determine whether the notarial act is valid
or invalid.
4. The notary public’s electronic signature in combination with the electronic notary stamp shall be
used only for the purpose of performing electronic notarial acts.
5. The liability, sanctions, and remedies for the improper performance of electronic notarial acts
are the same as described and provided by law for the improper performance of paper-based
notarial acts. (RIGL § 42-30.1)
The notary public’s electronic signature and stamp shall be used only for the purpose of performing
electronic notarial acts. Performing an electronic notarization without registering with the
Commissioning Agency shall invalidate the notarization as registration is required prior to performing
electronic notarial acts.
Page | 3
January 2019
Fees
1. A notary public may charge a fee not to exceed $5 (five dollars) per document/notarization;
travel fees shall be equal to or less than the Internal Revenue Service’s standard mileage rate.
All fees shall be posted in a conspicuous place in the notary’s place of business and provided
upon request, fees shall be disclosed to any person utilizing the services of the notary.
Federal mileage rates are dictated by the Internal Revenue Service (IRS)
https://www.irs.gov/tax-professionals/standard-mileage-rates
Security Requirements
1. The notary public shall not disclose any access information used to affix the electronic notary’s
signature and stamp except when requested by law enforcement, the courts, and with
reasonable precautions, electronic record preparation and transmission vendors.
Requirements for Authenticating the Notarial Act
1. Electronic notarial acts need to fulfill certain basic requirements to ensure non-repudiation and
the capability of being authenticated by the Rhode Island Department of State for purposes of
issuing Apostilles and Certificates of Authentication. They are as follows: a) the fact of the
notarial act, including the notary's identity, signature, and commission status, shall be verifiable
by the Rhode Island Department of State and b) the notarized electronic record will be rendered
ineligible for authentication by the Rhode Island Department of State if it is improperly
modified after the time of notarization, including any unauthorized alterations to the document
content, the electronic notarial certificate, the notary public's electronic signature, and/or the
notary public's official electronic stamp.
Requirements for Issuance of Electronic Apostilles and Certificates of Authentication (Appointment)
1. Electronic Apostilles need to fulfill certain basic requirements to ensure non-repudiation: a) the
fact of the issuance of the Apostille by the Rhode Island Department of State shall be
independently verifiable and b) the Apostille shall be invalidated if the underlying document is
improperly modified as when, for example, a person attempts to remove the Apostille from the
public document.
2. Electronic certificates of Authentication (or Appointment) need to fulfill certain basic

requirements to ensure non-repudiation: a) the fact of the issuance of the Certificate by the
Rhode Island Department of State shall be independently verifiable and b) the Certificate shall
be invalidated if the underlying document is improperly modified as when, for example, a
person attempts to remove the Certificate from the public document.
Page | 4
January 2019

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NOTARY PUBLIC

3 NOTARY PUBLIC IN RI 16 CONTINUED, NOTARIZING IN SPECIAL CIRCUMSTANCES

10 NOTARIAL ACTS 34 APPENDIX

10 ACKNOWLEDGMENT RHODE ISLAND GENERAL LAW 42-30.1

11 OATHS AND AFFIRMATION STANDARDS OF CONDUCT FOR NOTARIES PUBLIC

12 JURAT ELECTRONIC STANDARDS

15 NOTARIZING IN SPECIAL CIRCUMSTANCES

NOTARY PUBLIC IN RHODE ISLAND

WHAT IS A NOTARY PUBLIC?

Monday through Friday

DISCLAIMER: JOHANNA PETRARCA

NOTARY PUBLIC MANUAL | SECRETARY OF STATE, NELLIE M. GORBEA | 3

REQUIREMENTS COMMISSION RENEWAL

NOTARY PUBLIC MANUAL | SECRETARY OF STATE, NELLIE M. GORBEA | 4

NOTARY PUBLIC COMMISSION CERTIFICATE REMOVAL FROM OFFICE

Federal and military notarial powers include the

Sample Military and American Consular seals

NOTARY PUBLIC MANUAL | SECRETARY OF STATE, NELLIE M. GORBEA | 6

NOTARY STAMP JOURNAL OF NOTARIAL ACTS

NOTARY PUBLIC MANUAL | SECRETARY OF STATE, NELLIE M. GORBEA | 7

corresponding notarial certificate.

• Prior to performing e-notarizations, the notary must

• All requirements and elements of paper-based

NOTARY PUBLIC MANUAL | SECRETARY OF STATE, NELLIE M. GORBEA | 8

INCLUDE THIS LANGUAGE ON YOUR

I am not an attorney licensed to practice law

NOTARY PUBLIC MANUAL | SECRETARY OF STATE, NELLIE M. GORBEA | 9

• Appears in person before the notary public and

STEPS TO PERFORM AN ACKNOWLEDGMENT

1 Review the document to determine the

NOTARY PUBLIC MANUAL | SECRETARY OF STATE, NELLIE M. GORBEA | 10

OATH AND AFFIRMATION

STEPS TO PERFORM AN OATH

Administer the oath or affirmation by

3 Complete the journal entry.

NOTARY PUBLIC MANUAL | SECRETARY OF STATE, NELLIE M. GORBEA | 11

• Appears in person before the notary public and

STEPS TO PERFORM A JURAT

place indicated on the notarial certificate.

• Appears in person before the notary public and

Signer must personally appear on the date and in the

voluntarily. (official signature and stamp of notary)_____________

Complete the notarial certificate. Sign the

NOTARY PUBLIC MANUAL | SECRETARY OF STATE, NELLIE M. GORBEA | 13

• Is presented with a document that is neither a vital

A Copy Certification may be performed as a paper or

State of Rhode Island

On this ________ day of _________________,20_, I

NOTARY PUBLIC MANUAL | SECRETARY OF STATE, NELLIE M. GORBEA | 14

? If a circumstance is not addressed here, please contact the Notary Section.

SIGNATURE BY MARK SIGNER WHO IS BLIND

NOTARY PUBLIC MANUAL | SECRETARY OF STATE, NELLIE M. GORBEA | 15

SIGNER WHO IS DEAF WILLS AND “LIVING WILLS”

NOTARY PUBLIC MANUAL | SECRETARY OF STATE, NELLIE M. GORBEA | 16

LESS COMMON NOTARIAL ACTS

The Governor’s Office revoked Joan’s notary

NOTARY PUBLIC MANUAL | SECRETARY OF STATE, NELLIE M. GORBEA | 17

CONFLICTS REFUSING TO NOTARIZE

• If the notary knows the notarial act or associated

MEMBERS • If the act is prohibited by other applicable law;

NOTARIES WHO ARE A notary public should not refuse to

NOTARY PUBLIC MANUAL | SECRETARY OF STATE, NELLIE M. GORBEA | 18

Identification of an individual is based on at least one CASE STUDY:

On this day of _________,20_, I