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Law Updates

Jun  02,  2014  - South Carolina
SC Senate Bill 356 - Senate Bill 356 comprehensively enacts Notary reforms long overdue. It contains definitions for important terms that impact how Notaries perform notarial acts, clear standards for identifying signers, provisions for assisting signers with physical challenges and a lengthy list of prohibited acts, all which are welcome changes. There are also some confusing provisions, which may require attention in future legislation or guidance from the Secretary of State.

Jun  01,  2014  - Florida
FL Senate Bill 934 - Senate Bill 934 removes an outdated provision related to the Notary’s official seal.

May  28,  2014  - Nebraska
NE Administrative Rule (2014) - Section 64-119 of the Nebraska Revised Statutes authorizes the Secretary of State to adopt and promulgate rules and regulations relating to the administration of Sections 64-101 through 64-118 of the Revised Statutes of Nebraska. Final rules were adopted on May 28, 2014 and cover matters related to the commissioning of Notaries, notarizing documents, refusal to notarize, changes in status, and investigation of Notaries.

May  05,  2014  - West Virginia
WV Senate Bill 3 - Senate Bill 3 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.

May  01,  2014  - Louisiana
LA House Bill 361 - HB 361 permits a Notary validly commissioned in his or her parish to notarize in all adjacent parishes with a population of less than 40,000 and in which he or his employer maintains an office without having to submit an additional bond or application, or having to take an examination. In addition, the Notary no longer must file the affidavit stating the location of his or her office and obtain a dual commission.

May  01,  2014  - West Virginia
WV Senate Bill 582 - A number of states still have an office referred to as “commissioner of deeds,” which here permits the commissioner who resides within or outside of West Virginia to take acknowledgments, affidavits and depositions inside or outside the state if they will be filed or recorded in West Virginia. SB 582 clarifies the elements required to be included in the inking-stamp seal of a West Virginia Commissioner of Deeds.

Apr  17,  2014  - Hawaii
HI Senate Bill 2229 - Hawaii 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.

Apr  02,  2014  - Alabama
AL House Bill 630 - House Bill 630 adds a $5 surcharge to the filing fee for filing a Notary bond with the probate court in Fayette County.

Apr  01,  2014  - Maryland
MD Administrative Regulation 122597 2013 - In regulations implementing Chapter 425 of the Maryland Laws of 2013 (HB 102), the Secretary of State raises the fees a Notary Public may charge to $4 for each notarial act performed.

Mar  28,  2014  - Nevada
NV Administrative Regulation R116-13 - Administrative Regulation R116-13 touches on various matters related to Notary practice. A Notary may note that a signer was “personally known” in the journal if the Notary has personal knowledge of the signer. The regulation explains how the Secretary of State will interpret the phrase “secure location” in the statute related to storing a Notary’s stamp and journal and how the Secretary will deem a document that requires the signer to provide information within blank spaces to be filled out. The regulation provides rules for fingerprinting of Notary Public commission applicants and authorizes a fee to be charged for fingerprinting. The regulation provides rules for notarizing the signature of a person unable to sign and provides the wording for a certificate of acknowledgment to be used in the circumstance. The regulation provides rules for a Notary charging a fee to perform marriages. Finally, the regulation repeals rules related to certified court reporters.

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