NOTARY PUBLIC
MANUAL
Gregg M. Amore
Secretary of State
REVISED 1/2023
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CONTENTS
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NOTARY PUBLIC IN RI
WHAT IS A NOTARY PUBLIC?
JURISDICTION
APPLICATION FOR NOTARY PUBLIC COMMISSION
REQUIREMENTS
NOTARY KNOWLEDGE ASSESSMENT
UPDATE OR CHANGE IN INFORMATION
COMMISSION RENEWAL
RENEWING EXPIRED COMMISSIONS
FORMS AND FEES
RETURNED APPLICATIONS
NOTARY PUBLIC COMMISSION
NOTARY PUBLIC COMMISSION CERTIFICATE
REPLACEMENT COMMISSION CERTIFICATE
RESIGNATION OR DEATH OF A NOTARY PUBLIC
REMOVAL FROM OFFICE
FEDERAL AND MILITARY NOTARIAL POWERS
CONTINUED, FEDERAL AND MILITARY NOTARIAL POWERS
NOTARY FEES
NOTARY TOOLS
NOTARY STAMP
REPORTING A LOST OR STOLEN NOTARY STAMP
JOURNAL OF NOTARIAL ACTS
NOTARY PUBLIC DUTIES AND RESPONSIBILITIES
POWERS OF THE NOTARY PUBLIC
NOTARIAL CERTIFICATES AND ACTS
ELECTRONIC NOTARIZATION
LIMITED POWERS OF A NOTARY PUBLIC
NOTARIAL ACTS
ACKNOWLEDGMENT
OATHS AND AFFIRMATION
JURAT
SIGNATURE WITNESSING
COPY CERTIFICATION
NOTARIZING IN SPECIAL CIRCUMSTANCES
SIGNATURE BY MARK
SIGNER PHYSICALLY UNABLE TO SIGN OR MAKE A MARK
SIGNER WHO IS BLIND
SIGNER WHO DOES NOT SPEAK ENGLISH
NOTARIZING FOR A PERSON WITH POWER OF ATTORNEY
SIGNER WHO IS DEAF
SIGNER WHO IS ILLITERATE
NOTARIZING AN OUT OF STATE DOCUMENT
NOTARIZING A DOCUMENT IN A FOREIGN LANGUAGE
WILLS AND “LIVING WILLS”
TRANSLATIONS
LESS COMMON NOTARIAL ACTS
CONFLICTS OF INTEREST
CONFLICTS
NOTARIZING FOR FAMILY MEMBERS
NOTARIES WHO ARE EMPLOYEES
REFUSING TO NOTARIZE
ACCEPTABLE FORMS OF IDENTIFICATION
CREDIBLE WITNESS AS IDENTIFICATION
COMPLAINTS AND NOTARY MISCONDUCT
FRAUD OR DECEIT IN OFFICE
WHO MAY FILE A COMPLAINT AGAINST A NOTARY PUBLIC?
HOW DO I FILE A COMPLAINT AGAINST A NOTARY PUBLIC?
WHAT TYPE OF ACTION MAY THE GOVERNOR AND THE RI
DEPARTMENT OF ADMINISTRATION TAKE?
AUTHENTICATIONS: APOSTILLES AND CERTIFICATIONS
APOSTILLES
CERTIFICATIONS
FEDERAL OR MILITARY APOSTILLES
DEFINITIONS
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1. 18
1. 19
1. 20
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NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
This manual has been created to inform and assist
new and existing notaries public with understanding
and performing the duties and functions of a Rhode
Island Notary Public.
NOTARY PUBLIC IN RHODE ISLAND
CONTACT
MORE INFO
ADDRESS
401.222.3040
sos.ri.gov
@RISecState
RI Department of State
148 W. River St.,
Providence, RI 02904
Monday through Friday
8:30 am – 4:30 pm.
KRISTEN LYNCH
Notary Manager
WHAT IS A NOTARY PUBLIC?
A Notary Public is an ocial of integrity commissioned to a four-
year term by the Governor to serve the public as an impartial
witness to the identity, comprehension, and intent of a person
requesting a notarial act. Each act requires a notary to attest
that certain formalities have been observed. Every notarial act
aects the legal rights of others. A notary may be held personally
responsible for improper, negligent or fraudulent acts.
JURISDICTION
Rhode Island Notaries Public may perform notarial acts
anywhere within the boundaries of the State of Rhode Island.
They may NOT perform notarial acts outside of the State of Rhode Island.
Notarial practices in the State of Rhode Island are governed by
RIGL 42-30.1 and the Standards of Conduct for Notaries Public
in the State of Rhode Island and Providence Plantations.
DISCLAIMER:
Any statements made by the RI Department of State regarding notaries or notarial procedures
are not intended as legal advice. If you have any specic legal questions regarding your
conduct as a RI Notary Public, we urge you to seek professional legal advice.
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NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
REQUIREMENTS
All applicants must meet the following requirements:
• Be at least eighteen (18) years of age;
• Be a citizen or permanent legal resident of the United
States;
• Be a resident of or have a place of employment or
practice in this state;
• Be able to read and write English;
• Not be disqualied to receive a commission under
§42-30.1-16; and
• Demonstrate sucient knowledge of the powers and
duties pertaining to the Oce.
• In addition to meeting the rst six requirements,
attorneys and CPAs may apply if they meet either
of the below requirements in lieu of meeting the
residency/nonresident requirement.
• Be an attorney, in good standing, applying as a
member of the RI Bar Association; or
• Be a certied public accountant, in good standing,
applying as a certied RI licensee
NOTARY KNOWLEDGE ASSESSMENT
The Notary Knowledge Assessment is a multi-question
tool available on our website to help notaries fulll the
requirement of demonstrating sucient knowledge of
the powers and duties of the Oce of Notary Public. It is
available on our website as well as in paper form. A score
of 80% or higher demonstrates sucient knowledge of the
powers and duties of the Oce. Notaries who receive a
score of less than 80% are strongly encouraged to review
the notary manual and if necessary, take the assessment
again.
UPDATE OR CHANGE IN INFORMATION
Notaries are required to report updates or changes to their
notary commission within 10 days of the change with the
exception of updates to electronic notarization, which are
to be reported within 5 days of the change. Changes or
updates include name, business or residence address,
employment information, telephone number(s), email
address, use of electronic notarization technology or opting
in or out of the notary public online city search listing.
COMMISSION RENEWAL
Approximately two months prior to the notary commission
expiration date, a courtesy renewal notice is mailed to the
notary’s address of record with our oce. The renewal
application should be received in our oce before the
commission expiration date to maintain the same expiration
day and month. Failure to return the renewal form before the
expiration date will result in a new commission expiration
date. Once the renewal application is processed, a new
Commission Certicate for a four-year term will be issued and
mailed to the notary. NOTE: Renewal applications will ONLY
be processed two months prior to the expiration date.
It is the notary’s responsibility to inform the RI Department
of State, Notary Section, of a change in their notary
information. Failure to le the required Notary Public
Information Update form (pg. 29) may result in non-delivery
of the renewal notice.
RENEWING EXPIRED COMMISSIONS
A notary public’s appointment expires on the “commission
expiration date” that appears on their Certicate of
Appointment. Per RI General Law 42-30.1-15(g) “Every
notary public appointed by the commissioning ocer
and not reappointed may continue to ociate for a space
of thirty (30) days after the date on which his or her
commission expires.” An individual whose commission has
expired for more than thirty (30) days is no longer a notary
public and cannot perform notarial acts.
A notary that submits a renewal application 30 days past
their commission expiration date, is considered a new notary
applicant for qualication purposes and must meet all new
notary ling requirements. This includes demonstrating
sucient knowledge of the powers and duties pertaining to
the oce by taking the Notary Knowledge Assessment.
Once the notary returns the renewal application, the
eective commission date will be the date the application is
received by our oce. As with most renewals, the notary
will retain their original notary ID number.
RETURNED APPLICATIONS
An application may be returned to an applicant for error,
incompleteness or for failure to meet a requirement.
A returned application will be accompanied by
correspondence identifying the reason for non-acceptance.
It is the responsibility of the applicant to return the
application to this oce.
APPLICATION FOR NOTARY PUBLIC COMMISSION
You may download the RI Notary Application from our website.
Mail in the completed application along with the $80 fee for a four-year commission.
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NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
NOTARY PUBLIC COMMISSION
CERTIFICATE
Each notary public is appointed by the Governor for a
term of four years. The appointment is evidenced by
a certicate bearing the notary’s name, the facsimile
signature of the Governor and the Secretary of the State
as well as the commission expiration date. Included with
the certicate is a notary public pocket card with the
notary’s name, expiration date and identication number.
The certicate is evidence of the public oce that the
notary holds and should be kept in a safe place.
REPLACEMENT COMMISSION
CERTIFICATE
If a notary’s commission certicate has been lost,
damaged, or destroyed, a replacement certicate may
be obtained by requesting in writing or calling the Notary
Section.
RESIGNATION OR DEATH OF
A NOTARY PUBLIC
A notary public who ceases to meet the qualication
requirements of RIGL §42-30.1-15 or who becomes
permanently unable to perform their notarial duties, should
resign their commission.
A notary may resign their commission at any time by
submitting a Notary Information Update Form.
Upon the expiration, voluntary resignation, or revocation
of a commission, all notaries, as soon as is practical, must
destroy or deface all seals or stamps so that they may
not be used. If the notary public elected to use a “journal
of notarial acts” as a matter of good practice, the notary
should retain the journal and records for seven years after
the expiration, resignation or revocation.
If a notary public dies during the term of their commission,
the notary’s personal representative shall, as soon
as possible after the death of the notary, notify the RI
Department of State, Notary Section in writing that the
notary has died and provide the date of death. The
notary’s personal representative must destroy or deface
the notary’s stamp to prevent its unauthorized use, as well
as, preserve the notarial journal, if applicable, for a period
of seven years as a matter of good practice.
REMOVAL FROM OFFICE
RIGL §42-30.1-16
In accordance with the provisions of RIGL §42-30.1-16 a
notary public’s commission may be revoked for failure to
comply with notary law.
a) The Commissioning Ocer may deny, refuse to renew,
revoke, suspend, or impose a condition on a commission
as notary public for any act or omission that demonstrates
the individual lacks the honesty, integrity, competence,
or reliability to act as a notary public, including without
limitation:
(1) Failure to comply with this chapter;
(2) A fraudulent, dishonest, or deceitful misstatement or
omission in the application for a commission as a notary
public submitted to the Commissioning Ocer and/or
Agency;
(3) A conviction of the applicant or notary public of
any crime that involves fraud, dishonesty, or deceit;
provided that in determining whether to deny, refuse to
renew, revoke, suspend, or condition the commission,
the commissioning ocer shall consider such factors
as the seriousness of the crime; whether the crime
relates directly to the training and skills needed for
the commission of a notary public; how much time
has elapsed since the crime was committed; and the
applicant’s actions and conduct since the crime was
committed;
(4) A nding against, or admission of liability by, the
applicant or notary public in any legal proceeding or
disciplinary action based on the applicant’s or notary
public’s fraud, dishonesty, or deceit;
5) Use of false or misleading advertising or representation
by the notary public representing that the notary public
has a duty, right, or privilege that the notary public does
not have;
(6) Denial, refusal to renew, revocation, suspension, or
conditioning of a notary public commission in another
state; or
(7) Termination or revocation of a certicate of admission
to the Rhode Island bar or a certicate of public
accountancy.
NOTARY PUBLIC COMMISSION
The Secretary of the State’s oce recommends that notaries
display their certicates where they perform their notarial duties.
All written requests should be
returned to the RI Department of
State, Notary Public Section,
148 W. River Street, Providence, RI
02904.
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NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
(b) If the Commissioning Ocer denies, refuses to
renew, revokes, suspends, or imposes conditions
on a commission as a notary public, the applicant or
notary public is entitled to timely notice and hearing in
accordance with chapter RI General Laws 42-35-1 et seq.
(c) The authority of the Commissioning Ocer to deny,
refuse to renew, suspend, revoke, or impose conditions
on a commission as a notary public does not prevent a
person from seeking and obtaining other criminal or civil
remedies provided by law.
(b) If the Commissioning Ocer denies, refuses to
renew, revokes, suspends, or imposes conditions
on a commission as a notary public, the applicant or
notary public is entitled to timely notice and hearing in
accordance with chapter RI General Laws 42-35-1 et seq.
(c) The authority of the Commissioning Ocer to deny,
refuse to renew, suspend, revoke, or impose conditions
on a commission as a notary public does not prevent a
person from seeking and obtaining other criminal or civil
remedies provided by law.
NOTARY FEES
Pursuant to the Standards of Conduct for Rhode Island
Notaries.
A notary public may charge a fee not to exceed $25
per document/notarization. All fees must be posted in
a conspicuous place in the notary’s place of business
or upon request, fees must be disclosed to any person
utilizing the services of the notary.
FEDERAL AND MILITARY NOTARIAL
POWERS
Pursuant to Title 10 of the United States Code §1044a,
certain commissioned ocers, enlisted and civilian
personnel are authorized to serve as federal notaries. 10
U.S.C. §1044a grants general powers of notary public to:
• All judge advocates, including reserve judge
advocates when not in a duty status;
• All civilian attorneys serving as legal assistance attorneys;
• All adjutants, assistant adjutants, and personnel
adjutants, including reserve members when not in a
duty status;
• For the performance of notarial acts at locations outside
the U.S., all employees of a military department or the
Coast Guard who are designated by regulations of the
Secretary concerned or by statute to have those powers
for exercise outside the U.S.;
• All other members of the armed forces, including
reserve members when not in a duty status, who are
designated by regulations of the armed forces or by
statute to have those powers.
• All civilian paralegals serving at military legal assistance
oces, supervised by a military legal assistance
counsel (as dened in section 1044d(g) of this title).
Federal and American Consular ocers also have
limited notarial powers pursuant to the 22 U.S.C. 4221.
A notarizing ocer includes consular ocers, ocers of
the Foreign Service who are secretaries of embassy or
legation under Section 24 of the Act of August 18, 1856,
11 Stat. 61, as amended (22 U.S.C. 4221), and such U.S.
citizen Department of State employees as the Deputy
Assistant Secretary of State for Overseas Citizens Services
may designate for the purpose of performing notarial acts
overseas pursuant to section 127(b) of the Foreign Relations
Authorization Act, Fiscal Years 1994-1995, Pub. L. 103-236,
April 30, 1994 (‘designated employees”). The authority of
designated employees to perform notarial services shall not
include the authority to perform authentications, to notarize
patent applications, or take testimony in a criminal action or
proceeding pursuant to a commission issued by a court in
the United States, but shall otherwise encompass all notarial
acts, including but not limited to administering or taking oaths,
armations, adavits or depositions.
Federal and military notarial powers include the
administration of oaths and armations, administering
acknowledgments and certifying copies.
Sample Military and American Consular seals
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NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
NOTARY STAMP
Rhode Island General Law requires the use of a notary
stamp when notarizing documents. The stamp shall
be in round (circular) or rectangular form with an edge
border surrounding the required elements of the stamp.
The stamp must include the notary’s name exactly as
it appears on their commission, the words “NOTARY
PUBLIC” and “RHODE ISLAND.” The stamp may also
include the notary’s identication number and commission
expiration date. A notary’s stamp is the exclusive property
of the notary; it may not be used by any other person.
For notaries who have an embosser and wish to continue
using it, they must render the seal with the ability to be
photocopied and/or scanned. This may be accomplished
through the use of a pre-inked seal highlighter. The
highlighter is a round stamp pad that is used in
conjunction with the embosser to make the embossed seal
inked.
Sample of Stamps:
REPORTING A LOST OR STOLEN NOTARY
STAMP
Any notary public whose stamp is lost, misplaced,
destroyed, broken, damaged, stolen or otherwise
unworkable should immediately deliver written notice of
that fact to the Rhode Island Department of State. If and
when the notary’s stamp is recovered or replaced, written
notice of the recovery or replacement should also be
delivered immediately to the Rhode Island Department of
State, Notary Division, 148 West River Street, Providence,
RI 02904.
JOURNAL OF NOTARIAL ACTS
National best practices also strongly suggest that all
notaries should use a journal. Many notaries nd that using
a journal is a protective measure and a very benecial tool.
A journal should be a permanently bound book that creates
and preserves a chronological record of performed notarial
acts. RI general law does not mandate that notaries use a
journal of notarial acts. Notaries electing to use a journal
should as a matter of good practice, record the following per
the RI Notary Public Standards of Conduct:
1. The date and time of the notarial act, proceeding or
transaction;
2. The type of notarial act;
3. The type, title or a description of the document,
transaction or proceeding. If multiple documents
are signed by the same principal in the course of a
transaction or during a single time (i.e.) real estate
closings, mortgage discharges, state laboratory drug
analysis certicates, etc.), a single journal entry shall be
sucient;
4. The signature, printed name and address of each
principal and witness;
5. Description of the satisfactory evidence of identity of
each person including:
i. A statement that the person is “personally known
to me;” or
ii. A notation of the type of identication document,
the issuing agency, its serial or identication
number and its date of issuance or expiration;
1. If the identication number on the document is
the person’s Social Security number, instead of
including the number, write in the words “Social
Security number” or the acronym “SSN;” or
iii. A notation if the notary public identied the
individual on the oath or armation of a credible
witness or based on the notary’s personal knowledge
of the individual;
6. The fee, if any, charged for the notarial act; and
A notary public should record in the journal the
circumstances for not completing a notarial act.
NOTARY TOOLS
Notaries public must use their notary stamp with every notarization. A notary
journal is strongly recommend to keep track of their notarial acts.
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NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
POWERS OF THE NOTARY PUBLIC
Notaries Public in RI may, within this state, perform
the following notarial acts: acknowledgments, oaths
and armations, jurats, signature witnessing, copy
certications, issuance of subpoenas and deposition of
witnesses (the last two acts, should only be performed by
persons having expertise in commercial transactions or by
a stenographer).
It is crucial that a notary public demonstrate and have
sucient knowledge of the powers and duties pertaining to
notaries public because a notary may be liable for losses
that result from improper performance of their duties.
Notary Standards of Conduct
RIGL 42-30.1
ELECTRONIC NOTARIZATION
An electronic notarization or notarial act means a
notarization performed by a Rhode Island notary public
who has registered to perform electronic acts on or
involving an electronic record using a tamper-evident
technology approved by the Rhode Island Department of
State.
Notaries may apply to perform electronic notarizations
at the time of application, at the time of renewal or by
submitting the Notary Public Information Update form.
Please refer to the State of Rhode Island Electronic
Notarization Standards for procedures and specic
requirements.
• In accordance with the provisions of RIGL 42-
30.1-14, a notary public may perform electronic
notarizations by selecting one or more tamper-
evidence technologies approved by the Rhode Island
Department of State.
• Prior to performing e-notarizations, the notary must
register with the Rhode Island Department of State
and identify the technology they intend to use.
• All requirements and elements of paper-based
notarizations apply to electronic notarizations.
• The liability, sanctions, and remedies of the improper
performance of electronic notarial acts are the same
as described and provided by law for improper
performance of paper-based notarial acts.
Electronic Standards
NOTARIAL CERTIFICATES AND ACTS
A notarial certicate is a part of, or an attachment to, a
notarized document that is completed by the notary public,
bears the notary’s signature and seal and states the facts
attested by the notary in a particular notarization. Except
for Oaths and Armations, all notarial acts require a
notarial certicate to be completed. There are 5 general
notarial acts: acknowledgment, oath and armation, jurat,
signature witnessing and copy certication. Notaries public
should not ax their ocial signature or seal on a notarial
certicate that is incomplete.
The sample notarial certicates provided by the
commissioning agency are not intended to replace
or supersede the existing forms commonly used in
conveyances of real estate or other legal documents
within the State of RI, and in particular, those forms of
certicates for notarial acts approved by any committee of
the RI Bar Association.
A notary public is not required to use these notarial
certicates if another certicate is printed on the form that
contains express prohibition against altering that form or if
the form has an alternative certicate from another State if
the document is to be led or recorded in, or governed by
the law of that other State.
NOTARY PUBLIC DUTIES AND RESPONSIBILITIES
Except for Oaths and Armations, all notarial acts must include the corresponding
notarial certicate.
x
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NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
UNAUTHORIZED PRACTICE OF LAW
A notary public, other than an attorney licensed to practice
law in this state, may not advertise or represent that the
notary public may assist persons in drafting legal records,
give legal advice, or otherwise practice law.
ADVERTISING DISCLAIMER
• A notary public, other than an attorney licensed to
practice law in this state, may not use the term “notario”
or “notario público”.
• If a notary public who is not an attorney licensed to
practice law in this state in any manner advertises
or represents that the notary public oers notarial
services, …the notary public shall include the following
statement, or an alternate statement authorized
or required by the commissioning agency, in the
advertisement or representation, prominently and
in each language used in the advertisement or
representation: “I am not an attorney licensed to
practice law in this state. I am not licensed to draft
legal records, give advice on legal matters, including
immigration, or charge a fee for those activities.” This
statement should be in the same language as the
advertisement, notice, letterhead or sign.
• A notary public may not engage in false or deceptive
advertising.
RESTRICTIONS OF CONDUCT
• A notary public does not have the duty or authority
to investigate the lawfulness, propriety, accuracy or
truthfulness of a document or transaction involving a
notarial act.
• A notary public should not inuence a person either
to enter into or avoid a transaction involving a notarial
act by the notary. The notary may advise against a
transaction if the notary knows or has good reason to
believe that the associated transaction is unlawful. The
notary may provide advice relating to a transaction if
the notary is duly qualied, trained or experienced in a
particular industry or professional eld.
• A notary public may not act as an immigration
consultant or expert on immigration matters.
LIMITED POWERS OF A NOTARY PUBLIC
I am not an attorney licensed to practice law in this state.
I am not licensed to draft legal records, give advice on
legal matters, including immigration, or charge a fee for
those activities.
INCLUDE THIS LANGUAGE ON YOUR
ADVERTISEMENT, LETTERHEAD OR
SIGN:
Notarizing a document does not make the document more legal that it was without the
notarization.
!
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NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
ACKNOWLEDGMENT
An acknowledgment is a notarial act in which an
individual, at a single time and place:
• Appears in person before the notary public and
presents a document;
• Is personally known to the notary public or is identied
by the notary through satisfactory evidence of identity;
and
• Indicates to the notary public that the signature on
the document was voluntarily axed by the individual
for the purposes stated within the document and, if
applicable, that the individual had authority to sign in a
particular representative capacity.
The emphasis, when a notary performs an
acknowledgment, is on the free act and deed of the signer
and the verication of their identity.
STEPS TO PERFORM AN
ACKNOWLEDGMENT
Acknowledgements may be performed as a paper or
electronic notarization.
Signer must personally appear on the date and in the
place indicated on the notarial certicate.
1
Review the document to determine the document
type and the notarial act to be performed.
2
Identify the signer through personal knowledge or
an accepted form of identication.
3
Verify that the signature on the document is
the signer’s, either by watching them sign the
document or if it has already been signed,
by comparing the signature to the one on the
signer’s ID and the signature made by the signer
in the notary’s journal.
4
Have the signer verbally acknowledge that their
signature was made competently and voluntarily.
5
Complete the notarial certicate. Sign the
certicate, print your name, write your title “Notary
Public,” list your commission expiration date,
commission ID number and ax your notary
stamp. Complete the journal entry.
NOTARY PUBLIC DUTIES AND RESPONSIBILITIES
NOTARIAL ACTS
State of Rhode Island
County of __________________________
On this ________ day of _________________,20_,
before me, the undersigned notary public, personally
appeared __________________________________
_____
(name of document signer), and proved to me through
satisfactory evidence of identication to be the person
whose name is signed on the preceding or attached
document, and acknowledged that they signed it
voluntarily for its stated purpose.
(ocial signature and stamp of
notary)_____________
Printed Name, ID Number
Notary Public
My Commission expires:______________________
Sample Acknowledgment Notarial
Certicate:
x
An acknowledgment is the only notarial
act that may be signed ahead of time by the
signer. The signing does not have to take
place before the notary.
x
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NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
OATH AND AFFIRMATION
An oath is a notarial act, or part thereof, which is legally
equivalent to an armation, in which an individual, at a
single time and place:
• Appears in person before the notary public;
• Is personally known to the notary public or is identied
by the notary through satisfactory evidence of identity;
and
• Makes a vow of truthfulness or delity under the pains
and penalties of perjury by invoking a deity or using any
form the word “swear.”
The person taking the oath or
armation shall raise their right
hand as the notary administers the
oath and should answer “I do.”
NOTARY PUBLIC DUTIES AND RESPONSIBILITIES
NOTARIAL ACTS
STEPS TO PERFORM AN OATH
OR AFFIRMATION
The person must personally appear before the notary
public.
1
Identify the person through personal knowledge
or an accepted form of identication.
2
Administer the oath or armation by having the
person raise their right hand and administer the
oath or armation aloud.
3
Complete the journal entry.
An armation is a notarial act, or part thereof, that is
legally equivalent to an oath in which an individual, at a
single time and place:
• Appears in person before the notary public;
• Is personally known to the notary public or is identied
by the notary through satisfactory evidence of identity;
and
• Makes a vow of truthfulness or delity under the pains
and penalties of perjury based on personal honor and
without invoking a deity or using any form of the word
“swear.”
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NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
JURAT
A jurat is a notarial act in which an individual, at a single
time and place:
• Appears in person before the notary public and
presents a document;
• Is personally known to the notary public or is
identied by the notary through satisfactory evidence
of identity;
• Signs the document in the presence of the notary
public; and
• Takes an oath or armation before the notary public
vouching for the truthfulness or accuracy of the
signed document.
The emphasis, when a notary performs a jurat is on the
accuracy of the statements in the document and the
signer’s identity.
A jurat is a notarial act where the
document signer swears (oath) to or arms
(armation) the truthfulness of the contents
of a document.
NOTARY PUBLIC DUTIES AND RESPONSIBILITIES
NOTARIAL ACTS
STEPS TO PERFORM A JURAT
A Jurat may be performed as a paper or electronic
notarization.
Signer must personally appear on the date and in the
place indicated on the notarial certicate.
1
Review the document to determine the document
type and the notarial act to be performed.
2
Identify the signer through personal knowledge or
an accepted form of identication.
3
Have the signer verbally acknowledge they
are signing the document competently and
voluntarily.
4
Watch the signer ax their signature or mark to
the document.
5
Administer the oath or armation aloud.
6
Complete the notarial certicate. Sign the
certicate, print your name, write your title
“Notary Public,” list your commission expiration
date, commission ID number and ax your
notary stamp. Complete the journal entry.
State of Rhode Island
County of __________________________
Subscribed and sworn to (or armed) before me on
this ________ day of _________________,20_, by __
__________________________________________
____ who proved to me through satisfactory evidence
of identication to be the person who appeared before
me.
(ocial signature and stamp of
notary)_____________
Printed Name, ID Number
Notary Public
My Commission expires:______________________
Sample Jurat Notarial Certicate
x
| 13
NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
SIGNATURE WITNESSING
Signature witnessing is a notarial act in which an
individual, at a single time and place:
• Appears in person before the notary public and
presents a document;
• Is personally known to the notary public or is identied
by the notary through satisfactory evidence of identity;
and
• Signs the document in the presence of the notary
public.
The emphasis, when a notary performs a signature
witnessing, is to establish the document was signed on a
specic date.
When performing a signature
witnessing the Notary Public must
witness the signer axing their
signature to a document.
State of Rhode Island
County of __________________________
On this ________ day of _________________,20_,
before me, the undersigned notary public, personally
appeared _________________________________
______ (name of signer), and proved to me through
satisfactory evidence of identication to be the person
whose name is signed on the preceding or attached
document in my presence.
(ocial signature and stamp of
notary)_____________
Printed Name, ID Number
Notary Public
My Commission expires:______________________
Sample of a Signature Witnessing
Notarial Certicate:
STEPS TO PERFORM A
SIGNATURE WITNESSING
A Signature Witnessing may be performed as a paper or
electronic notarization.
Signer must personally appear on the date and in the
place indicated on the notarial certicate.
1
Review the document to determine the document
type and the notarial act to be performed.
2
Identify the signer through personal knowledge or
an accepted form of identication.
3
Have the signer verbally acknowledge that they
are signing the document competently and
voluntarily.
4
Watch the signer ax their signature or the mark
to the document.
5
Complete the notarial certicate. Sign the
certicate, print your name, write your title “Notary
Public,” list your commission expiration date,
commission ID number and ax your notary
stamp. Complete the journal entry.
x
NOTARY PUBLIC DUTIES AND RESPONSIBILITIES
NOTARIAL ACTS
| 14
NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
COPY CERTIFICATION
A copy certication is a notarial act in which a notary
public:
• Is presented with a document that is neither a vital
record, nor a publicly recordable document of which a
certied copy may be available from an ocial source
other than a notary public; and
• Copies or supervises the copying of the document
using a photographic or electronic copying process; or
• Compares the document to the copy; and
• Determines that the copy is accurate and complete;
and
• Applies an acknowledgment to the document attesting
to the above-listed facts.
The emphasis, when a notary performs a copy
certication, is to make an accurate and complete copy.
When performing a copy certication the
notary must make sure that the copy is the
same as the original by either copying the
document themselves or witnessing the
photocopying of the document.
x
State of Rhode Island
County of __________________________
On this ________ day of _________________,20_,
I certify that this is a true, exact, complete,
and unaltered copy made by me of
________________________(insert description of
the document), presented to me by _____________
________________________________________,
and to the best of my knowledge the copied document
is neither a vital record nor a publicly recordable
document, certied copies of which may be available
from an ocial source other than a notary.
(ocial signature and stamp of
notary)_____________
Printed Name, ID Number
Notary Public
My Commission expires:______________________
Sample of Copy Certications
Notarial Certicate:
x
STEPS TO PERFORM A
COPY CERTIFICATION
A Copy Certication may be performed as a paper or
electronic notarization.
1
Verify that the document is one that a RI notary
may lawfully copy and certify.
2
Personally photocopy or supervise the copying
of the document.
3
Compare the document to the original to
determine that the copy is accurate and
complete.
4
Complete the notarial certicate. Sign the
certicate, print your name, write your title
“Notary Public,” list your commission expiration
date, commission ID number and ax your
notary stamp. Complete the journal entry.
5
Write the details of the copy certication in your
notary journal.
NOTARY PUBLIC DUTIES AND RESPONSIBILITIES
NOTARIAL ACTS
| 15
NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
SIGNATURE BY MARK
A notary public may certify the axation of a signature by
mark on a document presented for notarization if:
• The principal axes the mark in the presence of the
notary public and two witnesses unaected by the
document;
• Both witnesses sign their names beside the mark;
• The notary public writes below the mark: “Mark
axed by (name of signer by mark) in the presence of
(names and addresses of witnesses) and undersigned
notary; and
• The notary public notarizes the signature by mark
through an acknowledgment, jurat or signature
witnessing.
SIGNER PHYSICALLY UNABLE TO SIGN OR
MAKE A MARK
The notary public may sign the name of a principal who is
physically unable to sign or make a mark on a document
presented for notarization if:
• The principal directs the notary public to do so in the
presence of two witnesses who are unaected by the
document;
• The principal does not have a demeanor that causes
the notary public to have a compelling doubt about
whether the principal knows the consequences of the
transaction requiring the notarial act;
• In the notary public’s judgment, the principal is acting
of their own free will;
• The notary public signs the principal’s name in the
presence of the principal and the witnesses;
• Both witnesses write their names beside their
signatures;
• The notary public writes below the signature:
“Signature axed by notary public in the presence
of (names and addresses of principal and two
witnesses);” and
• The notary public notarizes the signature through an
acknowledgment, jurat or signature witnessing.
SIGNER WHO IS BLIND
• The notary public should read the document to the
signer before performing the notarial act.
• The notary may wish to add a statement in their
notarial certicate indicating the following: “I further
certify that I read the document to (name of signer)
prior to notarization.”
• Unless the notary is also an attorney, the notary
cannot advise the person about the contents of the
document; however, they may re-read any portion of
the document to the person.
SIGNER WHO DOES NOT SPEAK ENGLISH
• The nature and eect of the document should be
translated into a language that the person does
understand. The translation does not need to be in
written form; an oral translation is sucient.
• If the notary speaks the language of the signer, the
notarization may proceed, if not, an interpreter may
be used. Best practices strongly suggest that the
notary should administer an oath or armation to the
interpreter attesting to the accuracy of the translation.
• The notary should add a statement in their notarial
certicate noting that a translator was used by writing
something substantially similar to: “I certify that the
nature and eect of the document was translated
for (name of signer) by (name of translator) before
notarization.
NOTARIZING FOR A PERSON WITH
POWER OF ATTORNEY
• If a signer indicates that they have power of attorney
over the grantor the document should be signed as
attorney-in-fact: for example, John Doe as attorney-
in-fact for Betty Smith.
• It is strongly recommended as a best practice, that the
notary verify the authority of the signer by requesting a
copy of the power of attorney.
• Note the capacity of the signer in the notarial
certicate.
NOTARIZING IN SPECIAL CIRCUMSTANCES
If a circumstance is not addressed here, please contact the Notary Division.
?
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NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
SIGNER WHO IS DEAF
• Unless the notary and the signer are competent in
sign language, they should communicate in writing.
• The notary should write a comment in their journal
regarding how they communicated with the signer.
SIGNER WHO IS ILLITERATE
• The notary should read the document to the document
signer before performing the notarial act.
• The notary should add a statement to the notarial
certicate substantially similar to, “I certify that I read
the document to (name of signer) prior to performing
the notarial act.”
NOTARIZING AN OUT OF STATE
DOCUMENT
RI notaries public may notarize an out of state document
so long as the signer(s) personally appear before the
notary and the document does not specically state that
the document must be notarized by a notary from that
state. All other RI notarial procedures and laws must be
followed by the notary public.
NOTARIZING A DOCUMENT IN A FOREIGN
LANGUAGE
A notary public may notarize a document in a foreign
language even if the notary does not understand the
language of the document. However, the notarial
certicate must be in English or other language the notary
public reads and writes. The letters and characters in the
document’s signature and in any ID document presented
must also be understood by the notary. It is important that
the notary be able to communicate with the signer.
WILLS AND “LIVING WILLS”
A will is a document providing instructions for the
disposition of a signer’s estate and nances after the
signer’s death. A living will is a written statement of a
signer’s wishes concerning medical treatment in the event
the signer’s health condition prevents the individual from
providing instructions on their own behalf.
Notarizing a will is a serious matter because of the
importance and complexity of the document. Notaries
should be careful when asked to notarize a will. A
document presented to a notary as a will should be
notarized only if clear instructions and the appropriate
notarial certicates are provided to the notary. Performing
a notarial act on its own does not make a will “legal” or
“valid” and it is important that notaries do not oer any
advice regarding preparation or the legal eects of a will.
A notary may not determine what type of notarial act or
certicate is needed for a will, even if asked to do so
by the signer. Such questions should be referred to a
qualied attorney.
A “living will” may be notarized in the standard manner. All
practices required by law or RI Notary Public Standards of
Conduct, such as the signer appearing in person before
the notary and being positively identied, should be
followed.
TRANSLATIONS
A notary public has no authority to certify translations.
If a notary public has the ability to prepare translations
of documents from one language to another, they may
not notarize any documents that they themselves have
translated. The accuracy of the translation can be made
under oath, but the oath and notarial certicate must
be completed by another notary, or by another person
authorized to administer oaths. The notary cannot
perform both acts in connection with the same document.
NOTARIZING IN SPECIAL CIRCUMSTANCES
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NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
NOTARIZING IN SPECIAL CIRCUMSTANCES
LESS COMMON NOTARIAL ACTS
Deposition of Witnesses
• A deposition is a signed transcript of an oral
statement made by an individual (the “deponent”) for
use in a legal matter.
• RI notaries public are empowered to take
depositions of witnesses to be used in the trial of any
civil suit, action, petition, or proceeding in which they
are not an interested party, counsel, or the attorney
of either party per RIGL § 9-18-1.
Issuance of Subpoenas
• A subpoena is an order that requires its recipient to
appear before a court.
• RI notaries public are empowered to issue
subpoenas to witnesses in any case, civil or criminal
before any court, and in any matter before any body
or person authorized by law to summon witnesses
per RIGL § 9-17-3.
• Per RIGL § 8-8.2-4, notaries public are also
empowered to issue subpoenas returnable before
the trac tribunal.
Protests & Protesting Bills of Exchange and Promissory
Notes
• A protest is a certicate of dishonor under the hand
and seal of a notary public.
• RI notaries public may act, transact, do, and nish all
matters and things related to protests and protesting
bills of exchange and promissory notes per RIGL §
42-30.1-2.
CASE STUDY:
WHY IS PHYSICAL PRESENCE
IMPORTANT?
Joan is a notary and owns a small service
agency. Scott came into the oce one day with
a deed signed by his wife Susan and requested
Joan to notarize her signature.
Susan was home sick, but Scott brought Susan’s
driver’s license with him. At Scott’s suggestion
and just to be on the “safe side,” Joan called
Susan at home to verify her signature.
The woman identifying herself as Susan
conrmed that she had signed the document
voluntarily and wanted her signature notarized.
Joan proceeded to perform the notarial act.
Should Joan have notarized Susan’s signature?
NO!
Now, for the real story…
Unknown to Joan, Scott was planning to divorce
Susan and he wanted their home transferred to
his name rst. Scott forged Susan’s signature on
the deed and took her driver’s license without her
knowledge.
The woman that Joan spoke to on the phone was
actually Scott’s girlfriend! The case ended up in
divorce court and Susan was given her portion of
the property.
The Governor’s Oce revoked Joan’s notary
commission and will not appoint her again as a
notary. She now has a dicult time working in
the service agency without a notary commission.
| 18
NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
CONFLICTS
A notary public should not perform a notarial act if the
notary public is a party to or is named in the document
that is to be notarized, except that a notary may notarize
a document if the notary is named in the document for the
sole purpose of receiving notices relating to the document
and except that a notary who is licensed as an attorney
in the State of RI and is named as an executor, trustee or
in any duciary capacity in a document, or employees of
such attorney, may perform notarial acts concerning such
document.
A notary public should not perform a notarial act if the
notary public will receive as a direct result of the notarial
act any commission, fee, advantage, right, title, interest,
cash, property or other consideration exceeding in value
the fees set forth in Section 4(3) of the Standards of
Conduct for Notaries Public, or has any nancial interest
in the subject matter of the document. This section shall
not preclude a notary who is licensed as an attorney in the
State of RI or any employee of such attorney where the
attorney receives a legal fee for professional legal services
in connection with such document.
NOTARIZING FOR FAMILY
MEMBERS
A notary public should not perform a notarial act for a
spouse, domestic partner, parent, guardian, child or sibling
of the principal, including in-law, step, or half relatives,
except where such persons witness a will or other legal
document prepared by the notary who is an attorney
licensed in the State of RI.
NOTARIES WHO ARE
EMPLOYEES
A notary public owns their commission, stamp and journal
regardless of whether or not their employer paid for said
commission and notary tools. This means that the notary
must keep their stamp and journal under their control at
all times and not surrender them to anyone, including
an employer. Also, a notary public must always follow RI
General Law and the Standards of Conduct for Notaries
Public when notarizing including physical appearance.
Employers cannot prohibit a notary from performing their
duties nor limit when a notary may perform notarial acts.
REFUSING TO NOTARIZE
A notary public may refuse to perform a notarial act if:
• The signer is not physically present;
• The signer cannot be adequately identied;
• The signer is unwilling to swear or arm to the
contents of the document presented for notarizations
that require an oath or armation;
• The principal has a demeanor that causes the notary
public to have a compelling doubt about whether the
principal knows the consequences of the transaction
or document requiring the notarial act;
• If in the notary’s judgment, the principal is not acting of
their own free will;
• If the notary public knows that the document contains
information known or believed by the notary to be
false;
• If the notary knows there is intent to deceive or
defraud;
• If the notary knows the notarial act or associated
transaction is unlawful;
• If the act is prohibited by other applicable law;
• If the number of notarial acts requested practicably
precludes completion of all acts at once, in which case
the notary public shall arrange for later completion of
the remaining acts.
CONFLICTS OF INTEREST
!
A notary public should not notarize for family members as indicated below.
A notary public should not refuse to
perform a notarial act solely based
on the principal’s race, advanced age,
gender, sexual orientation, religion,
national origin, health or disability.
| 19
NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
Identication of an individual is based on at least one current
document issued by a Federal, State, or tribal government
bearing a photo image of the individual’s face and signature.
Credible witnesses may also be used when following the
guidelines below.
For a person who is not a United States citizen, “satisfactory
evidence of identity” shall mean identication of an individual
based on a valid passport, or another government-issued
document evidencing the individual’s nationality or residence,
that bears a photographic image of the individual’s face and
signature.
ACCEPTABLE FORMS
OF IDENTIFICATION INCLUDE:
• Driver’s license or identication card issued by the RI
Division of Motor Vehicles or by another state, Canada,
Mexico or a territory of the United States
• Valid Passport issued by the U.S. Department of State or
by a foreign government
• Identication card issued by any branch of the U.S.
armed forces
• All Identication must be either current or expired not
more than three years.
Copies of identication are not acceptable forms of ID.
CREDIBLE WITNESS FOR IDENTIFICATION
The credible witness must be:
• Personally known to the signer
• Identied by the notary by satisfactory evidence of
identication
• Physically in the notary’s presence at the time of
notarization
• An unbiased third party who has no interest in, or benet
from, the transaction
• Placed under oath
Best practices encourage the notary to include a note in their
journal noting that a credible witness was used and the name
of the credible witness, as well as, the identication used.
ACCEPTABLE FORMS OF IDENTIFICATION
Physical Presence is always required during a notarial act.
CASE STUDY:
DO I REALLY NEED TO SEE IDENTIFICATION?
Tom Brady came into a local bank to have his
signature notarized on a contract between him and
his agent. Adrianna, the notary and a faithful fan of
Tom Brady, was star-struck upon meeting him.
Tom apologized when he explained that he forgot his
wallet containing his identication at home.
Adrianna decided that she could state that she
personally knew Tom, since she had seen all his
games. She stated “personally known” in the notarial
certicate.
Adrianna completed the notarization, got Tom’s
autograph on a scrap of paper, and screamed with
excitement after Tom left.
Should Adrianna have notarized Tom’s signature
without requiring identication?
NO!
Now, for the real story…
Tom Brady disagreed with his agent on the
agent’s proposed fee on the new contract they
were negotiating, and Tom refused to sign the
contract.
The agent forged Tom’s signature on the contract
and hired a “look-alike” to present the document
for notarization.
Poor Tom is now in court ghting with his agent
and Adrianna has been subpoenaed to testify.
Adrianna is scared to death, embarrassed at
her error, and now knows that her Tom Brady
autograph is a fake!
Be careful when you state that you personally
know someone. This story is purely ctional, but
could actually happen to you if you aren’t careful.
Our apologies to Mr. Brady and his agent.
“Personally known” means that your acquaintance of
and association with the individual establishes that
person’s identity with reasonable certainty.
| 20
NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
RIGL §42-30.1-16 Notaries Public
Pursuant to RIGL §42-30.1-16 and the RI Administrative
Procedures Act, notary complaints and misconduct are the
purview of the RI Governor and are investigated by the
Department of Administration.
RIGL §42-30.1-21 Notary public – Fraud or deceit in oce.
A notary public, who in the exercise of the powers, or in
the performance of such oce, shall practice any fraud or
deceit, the punishment for which is not otherwise provided
for by law, shall be guilty of a misdemeanor and ned not
more than one thousand dollars ($1,000), or imprisoned
not more than one year, or both.
WHO MAY FILE A COMPLAINT AGAINST A
NOTARY PUBLIC?
Any identiable person may le a complaint against
a Notary Public who is alleged to have violated the
Standards of Conduct for Notaries Public.
HOW DO I FILE A COMPLAINT?
To le a complaint against a notary public, the
complaint must be made in writing. It should include
the complainant’s name and contact information, the
respondent/notary public’s contact information and the
nature of the complaint/allegation of the violation, including
the date of the alleged act, witnesses and any facts
deemed relevant to the allegation.
WHAT TYPE OF ACTION MAY THE
GOVERNOR AND THE RI DEPARTMENT OF
ADMINISTRATION TAKE?
Upon completion of its investigation, the Department may
take one of the following actions:
• If the Department determines that the Complaint
fails to establish Reasonable Cause for a nding of
a violation of the Standards, the Department shall
take no action on the Complaint, so advising the
Complainant and Respondent in writing; or,
• If the Department determines that the Complaint
establishes Reasonable Cause, the Department
shall take such action as it deems appropriate under
applicable law and the rules and regulations adopted
pursuant thereto, including the removal or suspension
of the Notary Public in accordance with RIGL §42-
30.1-16. The Department will provide the following
notice to the Respondent via regular and certied
mail, postage pre-paid, a notice of determination
which shall provide:
• A statement of legal authority and jurisdiction to
proceed;
• A statement of the allegations and ndings,
including a copy of the Complaint;
• Reference to particular statutes, rules or
Standards that appear to have been violated;
• A statement of the sanctions to be imposed; and,
• An opportunity to request a hearing within twenty (20)
days of the mailing of the determination notice.
COMPLAINTS AND NOTARY MISCONDUCT
!
Questions about ling a complaint: Please call the RI Department of
Administration at 401-222-8880.
FORM
Notary Complaint Form
Department of Administration,
One Capitol Hill
Providence, RI 02908
401-222-8880
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NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
APOSTILLES
Documents that are going to be used outside of this country
may require authentication of the ocial’s signature, capacity
and seal. The Department of State can authenticate RI public
ocials’ signatures. Notaries Public, Clerks of the Court, and
the State Registrar of Vital Records are among the most
frequently authenticated public ocial signatures.
An apostille is a form of authentication established at
the 1961 Hague Convention Abolishing the Requirement
of Legalization for Foreign Public Documents, to which
the United States is a subscriber. An apostille is used to
authenticate public documents, certifying the authenticity
of the issuing ocial’s or notary public’s signature on the
document, the capacity in which the person has acted,
and identies the seal/stamp which the document bears.
Apostilles are used as transmittal on documents executed
in one subscribing country that are being sent to another
subscribing country.
CERTIFICATIONS
A certication is a form of authentication used for countries
that do not participate in the 1961 Hague Convention
Abolishing the Requirement of Legalization for Foreign
Public Documents. A certication is used to authenticate
public documents, certifying the authenticity of the issuing
ocial’s or notary public’s signature on the document, the
capacity in which the person has acted, and identies the
seal/stamp which the document bears. These documents
typically require additional authentication by the U.S.
Department of State after receiving state authentication.
FEDERAL OR MILITARY APOSTILLES
To authenticate the signature of a Federal or U.S. Military
ocial, the document must be presented to the U.S.
Department of State’s Authentication Oce. Click here to
learn more.
AUTHENTICATIONS: APOSTILLES AND CERTIFICATIONS
!
Apostilles and Certications are used for documents being sent to a foreign country.
NEED TO KNOW
• Provide the name of the country to which the
documents will be sent.
• Submit the original or certied copy of
the document(s) that you wish to have an
apostille or certication attached to.
• Mailed requests are processed daily. A mailed
request will be returned to you by rst class
mail. A self-addressed/stamped envelope
will help expedite delivery time. If overnight
service is required, a pre-addressed, pre-paid
air bill must be included with the request.
TO REQUEST
Complete the Apostille Order Form
Fee of $5.00 per apostille or certication
being requested.
Checks or money orders should be made
payable to the RI Department of State.
Division of Business Services
RI Department of State
148 West River Street
Providence, RI 02904
$
| 22
NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
DEFINITIONS
(1) “Acknowledgment” means a declaration by an
individual before a notarial ocer 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 identied in
the record.
(2) “Afrmation” means a notarial act, or part thereof,
that is legally equivalent to an oath in which an individual,
at a single time and place:
(a) appears in person before the notary public;
(b) is personally known to the notary public or is identied
by the notary through satisfactory evidence of the identity;
and
(c) makes a vow of truthfulness or delity under the pains
and penalties of perjury based on personal honor and
without invoking a deity or using any form of the word
“swear.”
(3) “Commission” means both to empower to perform
notarial acts and the written evidence of authority to
perform those acts.
(4) “Commissioning agency” means the Rhode
Island oce of the secretary of state.
(5) “Commissioning ofcer” means the governor of
the state of Rhode Island.
(6) “Copy certication” means a notarial act in which
a notary public:
(1) is presented with a document that is neither a vital
record, a public record nor publicly recordable; and
(2) copies or supervises the copying of the document
using a photographic or electronic copying process; or
(3) compares the document to the copy; and
(4) determines that the copy is accurate and complete;
and
(5) applies an acknowledgment to the document owner’s
signature attesting to the above listed facts.
As they appear in the RI Notary Standards of Conduct and the General Laws.
?
(7) “Credible witness” means an honest, reliable,
and impartial person who personally knows an individual
appearing before a notary public and takes an oath or
armation from the notary to vouch for that individual’s
identity.
(8) “Electronic” means relating to technology
having electrical, digital, magnetic, wireless, optical,
electromagnetic, or similar capabilities.
(9) “Electronic signature” means an electronic
symbol, sound, or process attached to, or logically
associated with, a record and executed or adopted by an
individual with the intent to sign the record.
(10) “In a representative capacity” means acting
as:
(i) An authorized ocer, agent, partner, trustee, or other
representative for a person other than an individual;
(ii) A public ocer, personal representative, guardian, or
other representative, in the capacity stated in a record;
(iii) An agent or attorney-in-fact for a principal; or
(iv) An authorized representative of another in any other
capacity.
(11) “Journal of notarial acts” or “journal” means
a permanently bound book that creates and preserves a
chronological record of notarizations performed by a notary
public.
(12) “Jurat” means a notarial act in which an individual,
at a single time and place:
(1) appears in person before the notary public and
presents a document;
(2) is personally known to the notary public or is identied
by the notary through satisfactory evidence of the
identity;
(3) signs the document in the presence of the notary
public; and
(4) takes an oath or armation before the notary public
vouching for the truthfulness or accuracy of the signed
document.
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NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
(13) “Notarial act” means an act, whether performed
with respect to a tangible or electronic record, that
a notarial ocer may perform under the law of this
state. The term includes taking an acknowledgment,
administering an oath or armation, taking a verication
on oath or armation, witnessing or attesting a signature,
certifying or attesting a copy, noting a protest of a
negotiable instrument and transact, do and nish all
matters and things relating to protests and protesting bills
of exchange and promissory notes, and all other matters
within their oce required by law, take depositions as
prescribed by law, and acknowledgments of deeds and
other instruments.
(14) “Notarial Certicate” and “Certicate” mean
the part of, or an attachment to, a notarized document
that is completed by the notary public, bears the notary’s
signature and seal and states the facts attested by the
notary in a particular notarization.
(15) “Notarial ofcer” means a notary public or other
individual authorized to perform a notarial act.
(16) “Notarization” has the same meaning ascribed
to “notarial act” in Section 42-30.1-2 of the Rhode Island
General Laws.
(17) “Notary public” means an individual
commissioned to perform a notarial act by the
commissioning ocer.
(18) “Oath” means a notarial act, or part thereof, which
is legally equivalent to an armation, and in which an
individual, at a single time and place:
(1) appears in person before the notary public;
(2) is personally known to the notary public or is identied
by the notary through satisfactory evidence of the identity;
and
(3) makes a vow of truthfulness or delity under the pains
and penalties of perjury by invoking a deity or using any
form of the word “swear.”
(19) “Ofcial stamp” means a physical image axed
to a tangible record or an electronic image attached to, or
logically associated with, an electronic record.
(20) “Person” means an individual, corporation,
business trust, statutory trust, estate, trust, partnership,
limited-liability company, association, joint venture, public
corporation, government or governmental subdivision,
agency, or instrumentality, or any other legal or
commercial entity.
(21) “Personal appearance” means that the principal
and the notary public are physically close enough to see,
hear, communicate with and hand identication documents
to each other.
(22) “Personal knowledge of the identity” as
used in the Uniform Law on Notarial Acts means familiarity
with an individual resulting from interactions with that
individual over a period of time sucient to dispel any
reasonable uncertainty that the individual has the identity
claimed.
(23) “Principal” means a person whose signature is
notarized, or a person other than a credible witness, taking
an oath or armation from the notary public.
(24) “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.
(25) “Regular place of work or business” means
a stationary oce or workspace where one spends most
of one’s working or business hours.
(26) “Satisfactory evidence of the identity” has
the meaning ascribed to it in Section 42-30.1- 6(b) of the
Rhode Island General Laws.
(27) “Sign” means, with present intent to authenticate or
adopt a record:
(i) To execute or adopt a tangible symbol; or
(ii) To attach to, or logically associate with, the record an
electronic symbol, sound, or process.
(28) “Signature” means a tangible symbol or an electronic
signature that evidences the signing of a record.
(29) “Signature witnessing” means a notarial act in
which an individual, at a single time and place:
(1) appears in person before the notary public and
presents a document;
(2) is personally known to the notary public or is identied
by the notary through satisfactory evidence of the identity;
and
(3) signs the document in the presence of the notary
public.
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NOTARY PUBLIC MANUAL | SECRETARY OF STATE, GREGG M. AMORE
(30) “Stamping device” means:
(i) A physical device capable of axing an ocial stamp
upon a tangible record; or
(ii) An electronic device or process capable of attaching to,
or logically associating an ocial stamp with, an electronic
record.
(31) “State” means a state of the United States of
America, the District of Columbia, Puerto Rico, the United
States Virgin Islands, or any territory or insular possession
subject to the jurisdiction of the United States.
(32) “Verication on oath or afrmation” means
a declaration that a statement in a record is true, made by
an individual under oath or by armation before a notarial
ocer.
