New Hampshire Revised Statutes 456-B:6-a – Notarial Act Performed for Remotely Located Individual
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I. In this section:
(a) “Communication technology” means an electronic device or process that:
(1) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
(2) When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment.
(b) “Foreign state” means a jurisdiction other than the United States, a state, or a federally recognized Indian tribe.
(c) “Identity proofing” means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.
(d) “Outside the United States” means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory, insular possession, or other location subject to the jurisdiction of the United States.
(e) “Remotely located individual” means an individual who is not in the physical presence of the notary public who performs a notarial act under paragraph III.
II. A remotely located individual may comply with N.H. Rev. Stat. § 456-B:2-a, and any other requirement under the law of this state to appear before or be in the presence of a notary public at the time of a notarial act, by using communication technology to appear before a notary public.
III. A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if:
(a) The notary public:
(1) Has personal knowledge under N.H. Rev. Stat. § 456-B:2-b, I, of the identity of the individual;
(2) Has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under N.H. Rev. Stat. § 456-B:2-b, II, or this section; or
(3) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least 2 different types of identity proofing;
(b) The notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature;
(c) The notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act; and
(d) For a remotely located individual located outside the United States:
(1) The record:
(A) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
(B) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
(2) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.
IV. If a notarial act is performed under this section, the certificate of notarial act required by N.H. Rev. Stat. § 456-B:7 and the short-form certificate provided in N.H. Rev. Stat. § 456-B:8 must indicate that the notarial act was performed using communication technology.
V. A short-form certificate provided in N.H. Rev. Stat. § 456-B:8 for a notarial act subject to this section is sufficient if it:
(a) Complies with rules adopted under subparagraph VIII(a); or
(b) Is in the form provided in N.H. Rev. Stat. § 456-B:8 and contains a statement substantially as follows: “This notarial act involved the use of communication technology.”
VI. A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public shall retain the audio-visual recording created under subparagraph III(c) or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subparagraph VIII(d), the recording must be retained for a period of at least 10 years after the recording is made.
VII. Before a notary public performs the notary public’s initial notarial act under this section, the notary public must notify the secretary of state that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the secretary of state has established standards under paragraph VIII and N.H. Rev. Stat. § 456-B:8-b, IV, for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards.
VIII. In addition to adopting rules under N.H. Rev. Stat. § 456-B:8-b, IV, the secretary of state may adopt rules under N.H. Rev. Stat. Chapter 541-A regarding performance of a notarial act under this section. The rules may:
(a) Prescribe the means of performing a notarial act involving a remotely located individual using communication technology;
(b) Establish standards for communication technology and identity proofing;
(c) Establish requirements or procedures to approve providers of communication technology and the process of identity proofing; and
(d) Establish standards and a period for the retention of an audio-visual recording created under subparagraph III(c).
IX. Before adopting, amending, or repealing a rule governing performance of a notarial act with respect to a remotely located individual, the secretary of state must consider:
(a) The most recent standards regarding the performance of a notarial act with respect to a remotely located individual promulgated by national standard-setting organizations and the recommendations of the National Association of Secretaries of State;
(b) Standards, practices, and customs of other jurisdictions that have laws substantially similar to this section; and
(c) The views of governmental officials and entities and other interested persons.
X. Unless the secretary of state has adopted a rule establishing standards for identity proofing under subparagraph VIII(b), a notary public shall comply with the credential analysis and authentication provisions of the Standards for Remote Online Notarization (Version 1) adopted by The Mortgage Industry Standards Maintenance Organization on August 28, 2019. Compliance with this paragraph satisfies the requirement of using at least 2 different types of identity proofing when performing a notarial act for a remotely located individual under this section.
(a) “Communication technology” means an electronic device or process that:
Terms Used In New Hampshire Revised Statutes 456-B:6-a
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
(1) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
(2) When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment.
(b) “Foreign state” means a jurisdiction other than the United States, a state, or a federally recognized Indian tribe.
(c) “Identity proofing” means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.
(d) “Outside the United States” means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory, insular possession, or other location subject to the jurisdiction of the United States.
(e) “Remotely located individual” means an individual who is not in the physical presence of the notary public who performs a notarial act under paragraph III.
II. A remotely located individual may comply with N.H. Rev. Stat. § 456-B:2-a, and any other requirement under the law of this state to appear before or be in the presence of a notary public at the time of a notarial act, by using communication technology to appear before a notary public.
III. A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if:
(a) The notary public:
(1) Has personal knowledge under N.H. Rev. Stat. § 456-B:2-b, I, of the identity of the individual;
(2) Has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under N.H. Rev. Stat. § 456-B:2-b, II, or this section; or
(3) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least 2 different types of identity proofing;
(b) The notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature;
(c) The notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act; and
(d) For a remotely located individual located outside the United States:
(1) The record:
(A) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
(B) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
(2) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.
IV. If a notarial act is performed under this section, the certificate of notarial act required by N.H. Rev. Stat. § 456-B:7 and the short-form certificate provided in N.H. Rev. Stat. § 456-B:8 must indicate that the notarial act was performed using communication technology.
V. A short-form certificate provided in N.H. Rev. Stat. § 456-B:8 for a notarial act subject to this section is sufficient if it:
(a) Complies with rules adopted under subparagraph VIII(a); or
(b) Is in the form provided in N.H. Rev. Stat. § 456-B:8 and contains a statement substantially as follows: “This notarial act involved the use of communication technology.”
VI. A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public shall retain the audio-visual recording created under subparagraph III(c) or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subparagraph VIII(d), the recording must be retained for a period of at least 10 years after the recording is made.
VII. Before a notary public performs the notary public’s initial notarial act under this section, the notary public must notify the secretary of state that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the secretary of state has established standards under paragraph VIII and N.H. Rev. Stat. § 456-B:8-b, IV, for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards.
VIII. In addition to adopting rules under N.H. Rev. Stat. § 456-B:8-b, IV, the secretary of state may adopt rules under N.H. Rev. Stat. Chapter 541-A regarding performance of a notarial act under this section. The rules may:
(a) Prescribe the means of performing a notarial act involving a remotely located individual using communication technology;
(b) Establish standards for communication technology and identity proofing;
(c) Establish requirements or procedures to approve providers of communication technology and the process of identity proofing; and
(d) Establish standards and a period for the retention of an audio-visual recording created under subparagraph III(c).
IX. Before adopting, amending, or repealing a rule governing performance of a notarial act with respect to a remotely located individual, the secretary of state must consider:
(a) The most recent standards regarding the performance of a notarial act with respect to a remotely located individual promulgated by national standard-setting organizations and the recommendations of the National Association of Secretaries of State;
(b) Standards, practices, and customs of other jurisdictions that have laws substantially similar to this section; and
(c) The views of governmental officials and entities and other interested persons.
X. Unless the secretary of state has adopted a rule establishing standards for identity proofing under subparagraph VIII(b), a notary public shall comply with the credential analysis and authentication provisions of the Standards for Remote Online Notarization (Version 1) adopted by The Mortgage Industry Standards Maintenance Organization on August 28, 2019. Compliance with this paragraph satisfies the requirement of using at least 2 different types of identity proofing when performing a notarial act for a remotely located individual under this section.