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Law Updates

Oct  01,  2011  - Montana
MT House Bill 374 - Montana enacts the Uniform Power of Attorney Act, granting a power of attorney created under the Act a presumption of genuineness if it is acknowledged before a Notary or other officer authorized to take acknowledgments, and providing a statutory power of attorney form.

Oct  01,  2011  - Montana
MT Senate Bill 337 - Senate Bill 337 redefines the term “affidavit throughout the Montana Code Annotated to include written statements signed under penalty of perjury. SB 337 will lessen the number of jurats performed before Notaries. However, an unsworn declaration may not be made with respect to any document or writing requiring an acknowledgment, deposition, oath of office, or oath required to be taken before a special official other than a Notary Public.

Oct  01,  2011  - Montana
MT House Bill 518 - House Bill 518 creates an advance health care directive for persons suffering from mental illness and requires the directive to be notarized for it to become effective.

Oct  01,  2011  - Montana
MT Senate Bill 354 - Montana enacts the Uniform Unsworn Foreign Declarations Act (UUFDA). The UUFDA permits a person living or traveling outside of the U.S. who must sign a sworn statement to make the statement under penalty of perjury without having to appear before a Notary or U.S. consular officer to take an oath or affirmation. This new law does not apply to certain sensitive documents, including depositions and recordable instruments.

Oct  01,  2011  - Florida
FL Senate Bill 670 - Florida enacts the Uniform Power of Attorney Act, requiring a power to be signed by the principal in the presence of two subscribing witnesses and acknowledged by the principal before a Notary Public.

Oct  01,  2011  - Connecticut
CT House Bill 6488 - House Bill 6488 allows execution of the deed in a real estate conveyance if the signer’s acknowledgment is made in conformance with the Connecticut Uniform Acknowledgment Act or the Uniform Recognition of Acknowledgments Act, thereby lessening the number of defective acknowledgments subject to legal challenge.

Sep  27,  2011  - Maine
ME House Bill 850 - House Bill 850 repeals the a 2007 law creating a Notary Public Review Board, whose purpose was to investigate allegations into Notary misconduct and present recommendations for disposition of complaints to the Secretary of State. The Board had been inactive.

Sep  04,  2011  - North Carolina
NC Senate Bill 349 - Senate Bill 349 allows a person harmed by any person either engaging in the unauthorized practice of law, or knowingly aiding or abetting a person engaging in the unauthorized practice of law, or fraudulently holding him- or herself out as a paralegal, to file a private cause of action to recover damages and reasonable attorneys’ fees.

Sep  01,  2011  - Texas
TX House Bill 3674 - House Bill 3674 authorizes an unsworn declaration to be made in any circumstance in which a written sworn declaration, verification, certification, oath or affirmation is permitted.

Aug  26,  2011  - Nebraska
NE Legislative Bill 690 - In Legislative Bill 690, Nebraska becomes the first state to declare in statute that a Notary commits malfeasance (wrongdoing by a public official) if he or she violates the confidentiality provisions of various sections in the Nebraska Revised Statutes pertaining to consents or declarations to abortion.

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