In about two weeks the new RULONA law goes into effect for most purposes in my state (Vermont). If I identify a signer with a credible witness, the following requirement applies:
"(2) by a verification on oath or affirmation of a credible witness personally appearing before the officer..."
So I have to administer a verification on oath or affirmation to the credible witness. The law is silent on the content of what the credible witness says in the oath or affirmation; presumably something to the effect that the name of the signer really is John Doe.
Another important definition is
"(18) “Verification on oath or affirmation” means a declaration, made by an individual on oath or affirmation before a notary public, that a statement in a record is true."
In RULONA a record is what we usually call a document. So that means the oath or affirmation has to be written and signed. At the end of the signing, I have a record from the credible witness. What do I do with it? Keep it in my records? After all, the signer, and whoever is asking the signer to have something notarized, didn't ask for this record, and isn't expecting it. In the new short-form notarial certificates, no mention is made of how the notary identified the signer, so the person receiving the document won't even know I used a credible witness (unless they ask).
In an internet blog, Jerry Lucas of Colorado seems to think the notary should give the credible witness verification to the signer. But if the notary does that, the notary will have nothing to show that the notary complied with the law, in case the notarization is questioned. (Colorado has also passed RULONA.) |
