As a result of the COVID-19 global crisis, the Vermont’s Deputy Secretary of State promulgated Emergency Rules Enabling Use of Remote Notarization. The emergency rules are effective March 24, 2020. A copy of the rules can be found at the following links:
Vermont Emergency Rules for Remote Notarization
The Vermont Secretary of State’s guidance is live now:
Click here to learn more about the Vermont Rules and Guidance for Remote Notaries.
The use of remote notarization per these Rules is authorized pursuant to the following conditions:
- The communication technology must allow the signer and the notary to communicate simultaneously by sight and sound;
- The notary must be commissioned in Vermont and must be physically located in Vermont when taking the acknowledgement;
- The signer must be physically located in Vermont;
- Unless personally known to the notary, the signer must present, prior to the notarial act, two forms of satisfactory evidence of identity (which includes a passport, driver’s license or government issued non-driver identification card which is current or not expired more than three years and another form of government identification issued to the individual that is current or expired more than three years and contains the signature or photograph of the individual);
- The notarial act is performed on either the original paper that was signed by the individual and subsequently provided to the notary, or a printed copy of the signed document that was electronically provided to the notary by the signer;
- The notary can reasonably confirm that the record before the notary is the same record signed by the individual;
- The notary must record the notarial act and retain a copy of the recording for seven (7) years;
- The notary must execute a certificate in accordance with the emergency rules, including a statement that the notarial act was performed remotely; and
- The remote notarial act must comply with all other requirements of the Vermont Notary Act (26 VSA § 5361, et seq.)
These Emergency Rules are effective immediately for 180 days, unless modified by the Secretary of State.
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FOR MORE INFORMATION
For more information about the Vermont Emergency Rules for Remote Notarization, please contact Michelle Farkas at mfarkas@gravelshea.com or your attorney at Gravel & Shea PC.
