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Law Updates

Nov  03,  2014  - New Jersey
NJ Administrative Rule (eNotarization) - The New Jersey State Division of Archives and Records Management has published administrative rules to govern the electronic recording of real property documents. Included in the electronic recording rules is a provision requiring electronic land title documents to be notarized in conformance with the New Jersey Uniform Electronic Transactions Act.

Nov  01,  2014  - Oklahoma
OK House Bill 2576 - House Bill 2576 clarifies that the limitations and requirements applicable to Notaries in notarizing absentee ballots apply only to elections conducted by the State Elections Board or a county elections board. It would not apply to a tribal election or any other election not conducted by one of these two boards.

Oct  01,  2014  - Tennessee
TN House Bill 2387 - House Bill 2387 fixes a technical issue that prevented Tennessee legislators from holding a Notary commission, allows Notaries to charge a reasonable fee for their services and creates a journal requirement.

Sep  29,  2014  - Tennessee
TN Attorney General Opinion No. 14-89 - The Tennessee Attorney General was asked by the Tennessee Secretary State to render a legal opinion on whether a Notary is required to keep a record of all notarial acts if the Notary did not charge a fee for the record. The Attorney General also was asked if a Notary may keep a record of a notarial act in electronic format.

Sep  19,  2014  - Montana
MT Administrative Rule (Returned Checks) - An administrative rule imposing a fee for insufficient funds checks, checks returned from the bank unpaid and returned e-checks has been adopted to compensate the Secretary of State’s office for time spent on collections efforts and to act as a deterrent to future writers of bad checks.

Sep  17,  2014  - Mississippi
MS Administrative Rule (Bond Filing) - An amendment to Rule 2.5 of the Mississippi Notary Public administrative rules requires applicants to timely file the required Notary bond within 60 days of the date on the Notary application. The new rule also states that bonds that are not timely filed will result in the rejection of the application.

Sep  10,  2014  - Mississippi
MS Administrative Rule (Application) - An amendment to Rule 2.3 of the Mississippi Notary Public administrative rules now requires applicants for a Notary commission to provide a valid email address on the application for a commission.

Aug  01,  2014  - North Dakota
ND Senate Bill 2123 - North Dakota 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.

Aug  01,  2014  - Minnesota
MN House File 2668 - House File 2668 provides that a document submitted to a court requiring a sworn statement made before a Notary or notarial officer no longer must be notarized as long as the document is signed under penalty of perjury and otherwise meets the requirements of the statute. It also exempts certain officers with notarial powers from having to register the intent to perform electronic notarizations with the Secretary of State.

Aug  01,  2014  - Minnesota
MN House File 155 - House File 155 raises the fee Notaries may charge for most notarial acts from $1 to $5.

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