New Hampshire Amends Notary Laws and Allows for Remote Online Notarization

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New Hampshire recently passed Senate Bill 134, which, among other things, revises state provisions related to notarial acts and electronic recordings.  The legislation, in part, amends the state’s Uniform Law on Notarial Acts to address notarizations performed in an electronic context, such as (i) including electronic records in its definition of “notarial act”; (ii) authorizing electronic signatures and electronic official stamps for notarization purposes; (iii) enabling notarial officers to certify that a tangible copy of an electronic record is an accurate copy of the electronic record; and (iv) allowing for notarial acts to be performed for remotely located individuals if certain requirements are met (thus allowing such individuals – who are not in the physical presence of the notary public performing the relevant notarial act – to comply with the requirement to appear in person before a notary by using communication technology).  The legislation also adds a new chapter to the state’s laws regarding conveyances and mortgages of realty, entitled “Uniform Real Property Electronic Recording Act,” which generally provides for the validity of electronic documents in certain contexts to allow for recording of property records in electronic form.  These provisions generally take effect on February 6, 2022.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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