On February 26, 2025, Administrative Rules for Notaries Public (the “Administrative Rules”) went into effect. These rules, which were adopted by the Vermont Secretary of State’s Office of Professional Regulation (“OPR”), allow Vermont notaries public to notarize documents for individuals who are not physically present with the notary (frequently referred to as “remote notarization”), as well as electronic documents.
This article provides an overview of Vermont’s laws on electronic signatures and notarization prior to the Administrative Rules’ adoption then introduces the Administrative Rules, all as they pertain to real estate transactions in Vermont.
Requirements Prior to the Administrative Rules
For the past couple decades, the federal Electronic Signatures in Global and National Commerce Act and Vermont’s Uniform Electronic Transactions Act have allowed many legal documents to be signed electronically. Until recently, however, many documents commonly associated with Vermont real estate transactions still needed original wet ink signatures.
Vermont’s adoption of the Uniform Real Property Electronic Recording Act (the “URPERA”), which went into effect in July 2022, began to change this requirement. The URPERA states that if the law requires a certain document to be an original or to be signed in order to be recorded, that requirement is met if the document is received in electronic form or was electronically signed.
The URPERA also allows documents to be notarized with an electronic signature. Several years ago, however, Vermont amended its Uniform Law on Notarial Acts to allow remote notarization and notarization of electronic documents — the amendment prohibited electronic or remote notarization until OPR adopted rules addressing these issues. As discussed in our prior article, OPR put temporary rules into place in 2020, in response to the COVID-19 pandemic. Until the adoption of the Administrative Rules, however, these emergency rules and their various extensions were only a temporary fix.
The Administrative Rules
Several types of documents that are frequently used in Vermont real estate transactions must be notarized, including deeds, mortgages, certain lease documents, powers of attorney, and trust certificates. With the adoption of the Administrative Rules, these documents may now be notarized electronically or for individuals who are not physically present with the notary, so long as the notarization meets the Administrative Rules’ requirements.
A copy of the Administrative Rules is available on OPR’s website.
When having an electronic document notarized or having a document notarized without being physically present with the notary, the notary must comply with the Administrative Rules. For instance, if the notary is notarizing an electronic document, they must use “tamper-evident technologies” that meet the Administrative Rules’ requirements. Likewise, if the notary is notarizing a document for a remotely located individual, the notary must create an audio-visual recording of the notarization, which must be kept for at least seven years.
Additionally, the notary must have a special endorsement from OPR. To obtain the special endorsement, a notary must meet the Administrative Rules’ eligibility requirements and submit an application to OPR. Currently, nearly 100 Vermont notaries hold the special endorsement.
Please contact Downs Rachlin Martin PLLC for more information or any questions regarding electronic or remote notarization.
