A notarial act under RULONA is any act a notarial officer is legally authorized to perform in the state where they hold their commission, and the Revised Uniform Law on Notarial Acts specifically enumerates six of them: taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.1Uniform Law Commission. Revised Uniform Law on Notarial Acts (2021) The definition in Section 2 applies whether the act is performed on a tangible or electronic record, and the law sets procedural requirements for identity verification, impartiality, record-keeping, and remote sessions that attach to every one of those six acts.
The Six Acts, One by One
Confusing one notarial act for another is a common way documents get rejected, because each one certifies something different.
Taking an acknowledgment. The signer appears before the notary and declares that they signed the record for the purpose stated in it. If they signed in a representative capacity, they also confirm they had authority to do so. This is the act you’ll see on deeds, powers of attorney, and most real estate paperwork.
Administering an oath or affirmation. The notary facilitates a solemn promise. An oath invokes a higher power; an affirmation carries the same legal weight without religious language. The act does not have to attach to a written document. Sworn testimony begins this way.
Taking a verification on oath or affirmation. The signer swears or affirms before the notary that the statements in a specific record are true. This is the act behind affidavits. It goes beyond an acknowledgment because it puts the signer’s truthfulness, not just their identity and willingness to sign, on the line.
Witnessing or attesting a signature. The notary watches the person sign and confirms their identity. The signer makes no declaration about the document’s content. The notary is certifying only that the named person is the one who signed.
Certifying or attesting a copy. The notary compares a copy to an original and certifies that the copy is complete and accurate. This commonly comes up with academic transcripts, corporate records, and official documents whose originals cannot leave their files.
Noting a protest of a negotiable instrument. A specialized financial procedure in which the notary documents that payment on a promissory note, draft, or similar instrument was demanded and refused. Rare in practice, but still within the notary’s statutory authority.
How Identity Must Be Verified
Every notarial act that involves a person appearing before the officer requires identity verification, and RULONA sets out two paths.
The first is personal knowledge. The notary must know the signer well enough through prior dealings to have reasonable certainty about who they are. A casual acquaintance does not meet the standard.
The second is satisfactory evidence, which usually means a current, unexpired government-issued identification document bearing the signer’s photograph or signature. A U.S. passport, a state driver’s license, or a government nondriver ID all qualify. Other current government credentials with a photograph or signature can work if the notary finds them satisfactory. The notary then compares the signature on the ID to the signature on the record.
When a signer has no acceptable identification, RULONA permits a credible witness who personally knows both the signer and the notary to appear and confirm the signer’s identity under oath or affirmation. Most notaries treat this as a last resort because it adds another layer of exposure.
Who Is a Notarial Officer
RULONA uses “notarial officer” broadly. Section 10 of the uniform act authorizes several categories of people to perform notarial acts within a state.2Maine State Legislature. Revised Uniform Law on Notarial Acts (2018)
- Notaries public, commissioned by the state, who handle most routine signings.
- Judges, clerks, and deputy clerks, who can perform notarial acts by virtue of their judicial roles without holding a separate notary commission.2Maine State Legislature. Revised Uniform Law on Notarial Acts (2018)
- Licensed attorneys, in states that include them.
- Anyone else a state’s law specifically authorizes.
The procedural rules bind all of them equally. A judge notarizing a document is no freer to skip identity checks than a notary public commissioned yesterday.
When a Notary Must or May Refuse
A notarial officer is prohibited from performing an act in which they have a disqualifying interest. Under RULONA that interest exists when the notary, or the notary’s spouse, ancestor, descendant, or sibling, is named as a party to the record, or when the notary or spouse would receive a direct financial benefit from the transaction beyond the standard notarial fee. An act performed in violation of this rule is voidable, meaning a court can set it aside.
Beyond outright disqualification, RULONA gives notaries discretion to refuse. A notarial officer may decline to act if they are not satisfied that the person is competent, has capacity to execute the record, or is signing knowingly and voluntarily. If a signer appears confused, coerced, or impaired, the notary is not required to proceed. The only limitation is that a notary cannot refuse where another law specifically prohibits refusal.
The practical consequence is that notaries cannot notarize their own signatures, their spouse’s signatures, or documents in which they are named as a party. A real estate agent who holds a notary commission cannot notarize their own closing. An executor cannot notarize the estate documents that name them.
Remote Online Notarization
RULONA’s 2021 amendments added Section 14A, authorizing notarial officers to perform acts for remotely located individuals using communication technology. The uniform act lays out specific requirements for the session to be valid.
Identity must be verified through at least two different forms of identity proofing, such as credential analysis of a government ID combined with knowledge-based authentication questions or biometric verification. The notary must also be able to reasonably confirm that the record in front of them is the same record the remote signer is executing.
The entire session has to be captured in an audiovisual recording, and RULONA’s framework calls for retaining that recording for at least ten years. The technology must allow real-time interaction with both audio and video. A phone call alone does not satisfy the requirement.
Electronic documents require tamper-evident technology. The notary attaches an electronic signature and seal in a way that makes any later alteration detectable, and the notary and any technology vendor must take reasonable steps to prevent unauthorized access to electronic records, signatures, and seals. A remote notarization that skips the audiovisual recording or uses inadequate identity proofing is as defective as an in-person act performed without checking ID.
The Journal Requirement
RULONA requires every notary public to keep a journal of each notarial act performed, including acts without a signed record such as oral oaths and affirmations. If a notarization is ever challenged in court, the journal is the notary’s primary evidence of what happened.
Each entry must be made at the time of the act and must include the date and time, a description of the record and the type of notarial act, the full name and address of each individual involved, how the notary identified each person (including the type of credential presented and its issuance and expiration dates where identification documents were used), and any fee charged.1Uniform Law Commission. Revised Uniform Law on Notarial Acts (2021)
The journal may be tangible or electronic. A tangible journal must be a permanent, bound register with numbered pages, so entries cannot be inserted or removed later. The notary must keep it secure and under exclusive control, and no other notary may use the same journal. Retention periods vary by state, with ten years from the last recorded act being common.
Territorial Scope and Recognition Across States
A notarial officer’s authority stops at the border of the jurisdiction where they are commissioned. A notary commissioned in one state cannot cross into another and perform notarial acts there. Sections 10 through 13 of RULONA address how acts performed under different authorities are recognized.
A notarial act performed in another state is valid if the officer who performed it was authorized under that state’s law. The same recognition extends to acts performed under federal authority, by officers of federally recognized Indian tribes, or by foreign authorities under applicable treaties or international conventions. The practical effect is to eliminate re-notarization when a document crosses state lines.
For remote online notarization, the governing jurisdiction is the notary’s physical location, not the signer’s. A notary sitting in a RULONA state can remotely notarize for someone in another state or abroad, so long as the transaction meets the requirements of the notary’s home jurisdiction. For a remotely located signer outside the United States, the record must relate to a matter subject to U.S. jurisdiction or involve property or a transaction substantially connected to the United States.
Consequences for Violations
RULONA creates administrative, civil, and criminal exposure for notaries who fail to follow the rules. The specifics vary by state.
Administratively, the commissioning authority can deny, refuse to renew, revoke, or suspend a notary’s commission for conduct showing a lack of honesty, integrity, competence, or reliability. Grounds include failing to comply with RULONA, making false statements on a commission application, performing notarial acts outside the state of commission, and using misleading advertising. States commonly authorize administrative fines for each violation.
Most states require a surety bond, which provides a fund that injured parties can claim against. Bond amounts range from a few hundred dollars to $25,000 or more, and some states set higher amounts for notaries who perform remote online notarizations. A notary whose negligence or misconduct causes harm may face personal civil liability beyond the bond. When the surety pays a claim, it can then seek reimbursement from the notary.
Criminal penalties attach to the most serious violations: performing notarial acts without a valid commission, falsely holding yourself out as a notary, and unauthorized use of another notary’s stamp. Prosecutions do happen, particularly in cases involving real estate fraud, immigration document fraud, or identity theft that exploits the trust placed in notarized documents.