Vermont Statutes Title 26 Sec. 5323
Terms Used In Vermont Statutes Title 26 Sec. 5323
- Communication technology: means an electronic device or process operating in accordance with section 5380 of this chapter and any standards adopted by the Office pursuant to section 5323 of this chapter that:
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See
- Fraud: Intentional deception resulting in injury to another.
- Identity proofing: means a process or service operating in accordance with section 5380 of this chapter and any standards adopted by the Office pursuant to section 5323 of this chapter 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. See
- 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
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See
- Remotely located individual: means an individual who is not in the physical presence of the notary public who performs a notarial act under section 5379 of this chapter. See
- State: means a state of the United States, the District of Columbia, Puerto Rico, the U. See
§ 5323. Rules
(a) The Office, with the advice of the advisor appointees, may adopt rules to implement this chapter. The rules may:
(1) prescribe the manner of performing notarial acts regarding tangible and electronic records;
(2) include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;
(3) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;
(4) prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking the commission or special commission endorsement of or otherwise disciplining a notary public and ensuring the trustworthiness of an individual holding a commission or special commission endorsement as notary public;
(5) include provisions to prevent fraud or mistake in the performance of notarial acts;
(6) prescribe the means of performing a notarial act involving a remotely located individual using communication technology;
(7) establish standards for communication technology and identity proofing;
(8) establish standards and a period for the retention of an audiovisual recording created under section 5379 of this chapter; and
(9) prescribe methods for a notary public to confirm, under subsections 5379(c) and (d) of this chapter, the identity of a tangible record.
(b) Rules adopted regarding the performance of notarial acts with respect to electronic records and remote online notarization may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. In adopting, amending, or repealing rules regarding notarial acts with respect to electronic records and remote online notarization, the Office shall consider, as far as is consistent with this chapter:
(1) the most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State;
(2) standards, practices, and customs of other jurisdictions that have laws substantially similar to this chapter; and
(3) the views of governmental officials and entities and other interested persons.
(c) [Repealed.] (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)