Vermont Statutes Title 26 Sec. 5305
Terms Used In Vermont Statutes Title 26 Sec. 5305
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Docket: A log containing brief entries of court proceedings.
- Notarial act: means an act, whether performed with respect to a tangible or an electronic record, that a notary public may perform under the law of this State. See
- Notary public: means an individual commissioned to perform a notarial act by the Office. See
- Office: means the Office of Professional Regulation within the Office of the Secretary of State. See
- Person: means an individual, corporation, business trust, statutory trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See
- Probate: Proving a will
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: means a state of the United States, the District of Columbia, Puerto Rico, the U. See
- Statute: A law passed by a legislature.
- Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
§ 5305. Exemptions
(a) Judiciary- and law enforcement-related employees.
(1) Employee exemptions.
(A) Judiciary-related.
(i) The persons set forth in subdivision (2)(A) of this subsection, when acting within the scope of their official duties, are exempt from all of the requirements of this chapter, including the requirement to pay the fee set forth in section 5324 of this chapter, except for the requirement to apply for a commission as set forth in subsections 5341(a), (c), (d), and (e) and subdivisions (b)(1)-(3) of this chapter.
(ii) A commission issued to a person under this subdivision (A) shall not be considered a license.
(B) Law enforcement-related.
(i) The persons set forth in subdivision (2)(B) of this subsection, when acting within the scope of their official duties, shall be commissioned as notaries public authorized to perform a notarial act as a matter of law and are exempt from all of the requirements of this chapter, including the requirement to pay the fee set forth in section 5324 of this chapter.
(ii) A notarial act that identifies the notary public as a person who is exempt under this subdivision (B) shall establish as a matter of law that the person is commissioned as a notary public for the purpose of acting within the scope of official duties under this subsection.
(2) Employees, defined.
(A) Judiciary-related. Persons employed by the Judiciary, including judges, Superior Court clerks, court operations managers, Probate registers, case managers, docket clerks, assistant judges, county clerks, and after-hours relief from abuse contract employees.
(B) Law enforcement-related. Persons employed as law enforcement officers certified under 20 Vt. Stat. Ann. chapter 151 who are noncertified constables or who are employed by a Vermont law enforcement agency; the Department of Public Safety, of Fish and Wildlife, of Motor Vehicles, of Liquor and Lottery, of Corrections, or for Children and Families; the Office of the Defender General; the Office of the Attorney General; or a State‘s Attorney or Sheriff.
(3) Official duties, defined. As used in subdivision (1) of this subsection, “acting within the scope of official duties” means that a person is notarizing a document that:
(A) the person believes is related to the execution of the person’s duties and responsibilities of employment or is the type of document that other employees notarize in the course of employment;
(B) is useful or of assistance to any person or entity identified in subdivision (2) of this subsection (a);
(C) is required, requested, created, used, submitted, or relied upon by any person or entity identified in subdivision (2) of this subsection (a);
(D) is necessary in order to assist in the representation, care, or protection of a person or the State;
(E) is necessary in order to protect the public or property;
(F) is necessary to represent or assist crime victims in receiving restitution or other services;
(G) relates to a Vermont or federal court rule or statute governing any criminal, postconviction, mental health, family, juvenile, civil, probate, Judicial Bureau, Environmental Division, or Supreme Court matter; or
(H) relates to a matter subject to Title 4, 12, 13, 15, 18, 20, 23, or 33 of the Vermont Statutes Annotated.
(b) Attorneys.
(1) Attorneys licensed and in good standing in this State are exempt from:
(A) the examination requirement set forth in subsection 5341(b) of this chapter; and
(B) the continuing education requirement set forth in section 5343 of this chapter.
(2) If a complaint of a violation of this chapter is filed in regard to a Vermont licensed attorney, the Office shall refer the complaint to the Professional Responsibility Board and shall request a report back from the Board regarding the final disposition of the complaint.
(c) Town clerks, assistants, and justices of the peace.
(1)(A) A town clerk and his or her assistants may perform notarial acts as notaries public throughout the town clerk’s county, provided that they shall comply with all of the requirements of this chapter, except as provided in subdivision (2) of this subsection.
(B) Subject to the provisions of subdivision (A) of this subdivision (1), performing notarial acts as a notary public shall be considered within the scope of the official duties of a town clerk and his or her assistants.
(2) Justices of the peace and town clerks and their assistants are exempt from the fee set forth in section 5324 of this chapter.
(d) Unauthorized practice. Nothing in this section is intended to prohibit prosecution of a person under 3 V.S.A. § 127 (unauthorized practice). (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2019, No. 30, § 28; 2019, No. 73, § 36; 2023, No. 16, § 1, eff. May 15, 2023.)