Bulletin: NH2022001

Dear Associates: 

The New Hampshire Revised Uniform Law on Notarial Acts (RULONA), effective February 6, 2022, authorizes the performance of electronic notarization and remote notarization (RON). In sum, a notary may perform remote notarization by means of live two-way audio-visual communication technology. Before providing these new services, notaries will be required to notify the Secretary of State’s office of the technology services and/or vendors the notary will purchase to provide these new services.

This bulletin advises you of Stewart’s underwriting requirements for insuring transactions where documents have been notarized using RON. In addition, you must comply with the requirements set forth in Bulletins SLS2020003 and SLS2020004.

Before utilizing RON, a NH notary must do the following:

• Notify the NH Secretary of State according to NH RSA 456-B:8-b, II- Before a notary public performs the notary public's initial notarial act with respect to an electronic record, a notary public shall notify the Secretary of State that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the Secretary of State has established standards for approval of technology, the technology shall conform to the standards. Please click here for the latest announcement from the Secretary of State. Here you will find the Electronic/Remote Notarization Form to be completed and sent to the Secretary of State as well as a list of providers who have notified the Secretary of State’s Office that they are qualified to offer electronic and/or remote services in New Hampshire. Also included in this recent announcement is a useful FAQ’s section along with the On-line Notary Public and Justice of the Peace Manual.
• Select one or more tamper-evident technologies to perform notarial acts with respect to RON. The technology utilized must comply with the standards set forth in NH RSA 456-B, The MISMO Standards and any regulation promulgated by the NH Secretary of State. See a list of Stewart approved vendors.
• A RON acknowledged document must include an official stamp. The rules regarding this stamp can be found at NH RSA 456-B:8-a.
• A RON acknowledged document must contain a certificate as prescribed by NH RSA 456-B:8 and must indicate that the notarial act was performed using communication technology. This may be done by adding the following: “This notarial act involved the use of communication technology”.
• A RON notary must create an audio-visual recording of the notarial act and this recording must be retained for a minimum of 10 years.
• A RON notary public must maintain a journal for 10 years. For rules relating to this journal, see NH RSA 456-B:8-c.

As part of the recent RON legislation, New Hampshire also passed the Uniform Real Property Electronic Recording Act (URPERA). URPERA is codified in NH RSA 478-A and establishes the validity of electronic documents, signatures, and notarial certificates as originals for the purposes of recording. Under URPERA, the registries of deeds may accept for recording as an original tangible copy of the electronic document properly executed, as long as a notarial certificate as provided at NH RSA 456-B:8, VI is attached. This procedure is often referred to as “papering out”. URPERA excludes plats, maps, and surveys. NH RSA 478-A:3, IV.

Given that the registries of deeds are now authorized to accept electronically signed documents, we will consider insuring RON notaries from other states where RON is permitted. The out-of-state RON notary shall be duly authorized to perform the RON transaction by a U.S. state, territory, or commonwealth, and the notarization must comply with all Stewart underwriting guidelines. Further, papering out must be authorized in the foreign state, territory or commonwealth if papering out is required for your transaction. If presented with an out-of-state RON notary and you have questions as to insurability, please contact your New Hampshire underwriter.

In addition to the above requirements, you must:

• Obtain written authorization from all parties consenting to the use of RON methods-see Bulletin SLS2020003.
• Confirm with the appropriate registry of deeds as to their acceptance of RON documents. If the county recorder refuses to accept RON documents, whether in electronic or paper form, Stewart will not insure the transaction.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.