AffectsAmends New Hampshire Revised Statutes Annotated Title I, Chapter 5; Title XLII, Chapters 455 and 456; and Title LXIII, Chapter 660
AnalysisHouse Bill 672 represents the most significant change to New Hampshire’s Notary laws in many years. (The last change to Chapter 455 of the RSA was in 1997, but many sections repealed by this bill date back to 1943). New Hampshire’s Notary fees are now the highest in the nation. In addition, under the Uniform Law on Notarial Acts, Notaries gain new powers to perform signature witnessings and copy certifications, and identification of the signer is now required for all notarial acts. The new misconduct provision specifying a civil penalty for failing to positively identify a document signer underscores the critical importance of this most important Notary role. The repeal of the sections governing disposition of the records and papers belonging to a Notary leaves a void – New Hampshire Notaries now have no statutory guidance for retaining and archiving these records and the public has no clear way to request or gain access to them. In absence of any directive, New Hampshire Notaries should follow the guidance of the Model Notary Act Section 7-4 and The Notary Public Code of Professional Responsibility, Guiding Principle VIII.
Read the bill text.