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Law Updates

Jul  01,  2013  - Virginia
VA Senate Bill 1093 - Senate Bill 1093 enacts the Uniform Real Property Transfer on Death Act, authorizing a property owner to transfer interest in the property to a beneficiary upon the death of the owner through a Transfer on Death Deed that must be notarized and filed in the local land records.

Jul  01,  2013  - Idaho
ID House Bill 30 - House Bill 30 broadens the definition of “oath” to include declarations made under penalty of perjury. Such unsworn declarations do not need to be made before a Notary or notarial officer and do not apply to the taking of acknowledgments.

Jul  01,  2013  - North Carolina
NC House Bill 332 - HB 332 contains amendments to many so-called “curative” Notary statutes, which correct or validate certain notarial acts performed with defects or errors. The bill also addresses certain misconduct performed by attorneys who are Notaries and repeals the previous requirement that an applicant for a Notary commission must obtain the signature of one publicly elected official and submit the recommendation with the commission application. HB 332 also clarifies that Notaries do not have a disqualifying interest solely because of the Notary’s employment by a party to the record or solely because the Notary owns stock in a party to the record. The bill also clarifies that a personal representative of a Notary who is not a Notary does not have to comply with the requirement to notify the Secretary in writing of the Notary’s death and deliver the Notary’s seal to the Secretary for destruction, if the representative states under oath in an enforcement proceeding that he or she did not know the deceased was a Notary.

Jul  01,  2013  - Illinois
IL House Bill 1013 - HB 1013 authorizes the Illinois Secretary of State to refuse to attach an apostille to a notarized document in cases where sovereign citizens seek to abuse the legitimate use of apostilles. The bill provides grounds for which the Secretary of State may refuse to issue an apostille or a certification. Since sovereign citizens often attempt to remove an apostille from one document and use it with another, the bill establishes penalties for tampering with an apostille on a document.

Jul  01,  2013  - Iowa
IA Senate File 452 - SF 452 clarifies that a Notary may complete a notarial certificate if any of 4 stated rules governing the certificate listed in the statute apply, and that if a Notary’s seal contains the words “My Commission Expires” followed by a blank line, the Notary must write in the expiration date of the Notary’s commission. SB 452 also makes technical changes to other statutes throughout the Iowa Code, but these changes do not alter the substance or meaning of these statutes.

Jun  01,  2013  - Maryland
MD House Bill 102 - House Bill 102 authorizes the clerk of the circuit court to charge up to $11 for the commission issued to a Notary Public, as prescribed by the Secretary of State, and authorizes the Secretary of State by rule to set fees Notaries may charge for a notarial act at no more than $4.

May  30,  2013  - Florida
FL House Bill 841 - HB 841 clarifies that a Notary may sign a power of attorney on behalf of a principal who is unable to sign by using the procedures in F.S. 117.05(14).

May  25,  2013  - Mississippi
MS House Bill 928 - House Bill 928 creates a “scrivener’s affidavit” for the purpose of correcting certain errors in documents affecting the title to real property that are recorded with a county recorder. The scrivener’s affidavit is required to be sworn and acknowledged before a Notary or notarial officer.

May  14,  2013  - Utah
UT House Bill 47 - House Bill 47 clarifies that a Notary Public who performs loan signings within the state of Utah is not required to be licensed as an escrow agent, but also adds that only a licensed escrow agent may explain documents connected with the sale, transfer, encumbering, or leasing of real property.

May  10,  2013  - Nevada
NV Assembly Bill 192 - Assembly Bill 192 allows the additional surcharge of $5 per Notary bond filed with a county clerk to remain in effect indefinitely.

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