Bill > S757

This bill aims to strengthen regulations for notaries public to better protect consumers and ensure the validity of recorded documents by updating existing laws. It clarifies the definition of an "acknowledgment" as a notarial act where an individual appears in person before a notary, is identified, and presents a document, confirming their signature was voluntary and their free act, and if applicable, that they had the authority to sign in a representative capacity. The bill also defines other notarial acts like "affirmation," "copy certification," "jurat," and "oath," and establishes requirements for "satisfactory evidence of identity" for individuals appearing before a notary, including specific provisions for non-U.S. citizens. It outlines specific duties and prohibitions for notaries, such as requiring them to print their name and commission expiration date below their signature on certain documents, prohibiting them from notarizing documents where they have a financial interest or are a close relative (with some exceptions), and restricting non-attorney notaries from providing legal advice or implying they are attorneys. The bill also mandates that notaries maintain a "journal of notarial acts" (a chronological record of notarizations), with exceptions for attorneys and those employed by attorneys, and specifies penalties for violations, including fines and potential imprisonment, and allows for civil actions and injunctive relief. Finally, it clarifies that notaries are not responsible for investigating the lawfulness or accuracy of documents they notarize and that minor errors in notarial certificates should not invalidate underlying documents or their recording.