Vermont Statutes Title 26 Sec. 5374
Terms Used In Vermont Statutes Title 26 Sec. 5374
- Acknowledgment: means a declaration by an individual before a notary public that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record. See
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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.
- 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
- Notarial officer: means a notary public or other individual authorized to perform a notarial act
- Notary public: means an individual commissioned to perform a notarial act by the Office. See
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Signature: means a tangible symbol or an electronic signature that evidences the signing of a record. See
- State: means a state of the United States, the District of Columbia, Puerto Rico, the U. See
§ 5374. Notarial act in another state
(a) A notarial act performed in another state has the same effect under the law of this State as if performed by a notary public of this State, if the act performed in that state is performed by:
(1) a notary public of that state;
(2) a judge, clerk, or deputy clerk of a court of that state; or
(3) any other individual authorized by the law of that state to perform the notarial act.
(b) If a deed or other conveyance or a power of attorney for the conveyance of land, the acknowledgment or proof of which is taken out of State, is certified agreeably to the laws of the state in which the acknowledgment or proof is taken, it shall be valid as though it were taken before a proper officer in this State.
(c) An acknowledgment for a deed or other conveyance or a power of attorney for the conveyance of land that is taken out of State before a proper officer of this State shall be valid as if taken within this State.
(d) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(e) The signature and title of a notarial officer described in subdivision (a)(1) or (2) of this section conclusively establish the authority of the officer to perform the notarial act. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)