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Law Updates

Jan  01,  2013  - Iowa
IA Senate File 2265 - With Senate File 2265, Iowa becomes the second state to enact the Revised Uniform Law on Notarial Acts (RULONA). SF 2265 contains most of the “stock” RULONA provisions, including new identification standards, prohibited acts, and electronic notarization rules. The RULONA does not contain the bracketed (optional) Notary bond, journal and education provisions that were in the final form of the RULONA adopted by the Uniform Law Commission. The bill takes effect on January 1, 2013.

Jan  01,  2013  - Iowa
IA House File 2465 - House Bill 2465 makes a couple of corrections to the Revised Uniform Law on Notarial Acts that was recently enacted by the Legislature and signed into law by the Governor. The changes are to replace the words “notary public” with “notarial officer” and “notarization occurs” with “notarial act is performed” in the definition of “personal appearance.”

Jan  01,  2013  - Louisiana
LA House Bill 1192 - HB 1192 creates a new class of Notaries who are only required to pass certain parts of the Louisiana Notary examination and may not perform certain notarial acts that Notaries who have passed all components of the state Notary examination may perform. Further, these Notaries may only notarize for their employers. HB 1192 requires these Notaries to post a much higher $20,000 bond and requires the employer to pay for it. The new law is only temporary; it will sunset on August 1, 2016 and any commissions issued under the provisions of the temporary law will expire on that date unless the Notary has passed all components of the statewide Notary examination.

Jan  01,  2013  - Louisiana
LA Senate Bill 599 - Repeals the authority of the chief of police of the Crescent City Connection Police Department to designate police officers under his command and appoint them as ex officio Notaries Public.

Jan  01,  2013  - California
CA Assembly Bill 278/Senate Bill 900 - California becomes the first state to enact provisions from the National Mortgage Settlement into statute. The bill requires that certain foreclosure documents filed in court or recorded in the land records must be accurate and complete and provides a civil penalty of $7,500 for multiple instances of noncompliance.

Jan  01,  2013  - California
CA Assembly Bill 2326 - Assembly Bill 2326 prohibits the performance of a proof of execution by subscribing witness and requires a thumbprint to be entered into the Notary’s journal for any document affecting real property.

Jan  01,  2013  - Georgia
GA House Bill 24 - House Bill 24 adopts the Federal Rules of Evidence (FRE), which is important because under the FRE documents bearing a seal of a state officer or that are acknowledged before an officer authorized to take acknowledgments are admissible into evidence at trial without further extrinsic proof.

Dec  20,  2012  - Michigan
MI House Bill 5269 - The state of Michigan continues to focus on refining the penalties for committing misconduct and criminal acts as a Notary Public, a trend which began last year. HB 5269 provides that Notaries convicted of 2 or more “specified misdemeanors” within a 12-month period while commissioned or 3 “specified misdemeanors” within a 5-year period regardless of being commissioned shall have their commissions revoked by the Secretary of State.

Dec  11,  2012  - New York
NY Rules Implementing S 5672 - New administrative rule Section 200.1 implements S 5672, effective March 23, 2012, in listing the foreign terms a nonattorney Notary may not use in a foreign language advertisement for Notary services to mean or imply that he or she is an attorney. The new rule also provides the advertising disclaimer Executive Law 135-b requires to be posted in a non-English advertisement for Notary services in Simplified Chinese, Traditional Chinese, Spanish, Korean and Haitian Creole.

Nov  18,  2012  - Mississippi
MS Rules Implementing 2011 House Bill 599 - The final rules implementing House Bill 599 (Uniform Real Property Electronic Recording Act) permit Chancery Clerks to accept electronic documents for recordation in the land records. Entirely-electronic real property documents may be accepted provided the electronic notarizations have been performed by a Notary Public of a state that has enacted electronic notarization laws and published electronic notarization rules.

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