Posted by Stamper_WI on 8/1/10 11:07am
Msg #347216

If anyone is interested

Here is the approved language for the NCCUSL's commission of uniform Notary Acts


http://www.law.upenn.edu/bll/archives/ulc/ulona/2010am_approved.htm

Reply by James Dawson on 8/1/10 11:13am
Msg #347217

I just downloaded the pdf version to my notary files....I will read it (later) and I'm sure I'll have question. Thanks for the information, it is nice to have people share information that's available.

Reply by MW/VA on 8/1/10 11:45am
Msg #347218

Thanks for the great info, Zana. I also downloaded it for later. IMO it would be fantastic to have national uniform notary laws. I can see why this is especially important as we move into the area of electronic notarizations. Thanks again.

Reply by James Dawson on 8/1/10 11:52am
Msg #347220

Ooh boy is this going to generate a lot of discussion..

First of all it must be legit because there is no such thing as " I did a notary" LOL

I scanned over it and boy did I see a lot of things that come up on this forum in question..Well let me tell you, the answer is there. I also found interesting the section on "creditable witnesses" and Indian/Tribal notarization.....Stamper I think you brought us a pot of gold....specially for newbies and the not so newbies like myself!

Reply by Les_CO on 8/1/10 12:21pm
Msg #347223

Interesting…but I think we should all still go by the individual State laws where we have our commission, until some of these ideas are enacted.

Reply by Stamper_WI on 8/1/10 12:49pm
Msg #347227

Here is a link to the process. Interesting to note who inputed and what they said. Kind of makes you wonder motivations.
http://www.nccusl.org/Update/CommitteeSearchResults.aspx?committee=304

Reply by desktopfull on 8/1/10 1:13pm
Msg #347228

Definitely, you shouldn't do otherwise.

Not being political, but pesonally, I don't like the feds taking over, they just seem to muck up everything that gets in their realm. I would prefer the notary commissions stay with the individual states.

Reply by MichiganAl on 8/1/10 2:50pm
Msg #347243

State laws will still apply

This is simply updating and addressing technological changes with electronic recording and other electronic processes like esign and enotarization. Much of this is already addressed in the Uniform Electronic Transaction Act (UETA), the Electronic Signature in Global and National Commerce Act, and the Uniform Real Property Electronic Recording Act (URPERA).

Reply by James Dawson on 8/1/10 12:24pm
Msg #347225

Agree completely! n/m

Reply by MichiganAl on 8/1/10 1:58pm
Msg #347235

I don't think this changes much

This is a revision of an act already in place since 1982. I think the main purpose is to address technological issues due to things like e-signs and e-notarizations. These issues have already been covered in several other acts, but our government is very fond of redundancy. From the NCC:

"This version of the Uniform Law on Notarial Acts (“ULONA”) is a comprehensive revision of the Uniform Law on Notarial Acts as approved by the National Conference of Commissioners on Uniform State Laws (“NCCUSL”) in 1982. Since that date, countless societal and technological changes have occurred requiring notarial officers and the notarial acts which they perform to adapt. This version of ULONA adapts the notarial process to accommodate those changes and makes the Act more responsive to current transactions and practices.

Perhaps the most pervasive change since the adoption of the original version of ULONA has been the development and growing implementation of electronic records in commercial, governmental, and personal transactions..."

"This revision of ULONA further recognizes electronic notarial acts and puts them on a par with notarial acts performed on tangible media. It does this by unifying the requirements for and treatment of notarial acts, whenever possible, regardless of whether the acts are performed on tangible or electronic media. While continuing the basic treatment of electronic notarial acts provided in UETA, ESign and URPERA, this Act implements structural and operational rules for those notarial acts that were absent in the prior laws..."

You can read the rest here: http://www.law.upenn.edu/bll/archives/ulc/ulona/2010am_draft.htm

Reply by James Dawson on 8/1/10 2:05pm
Msg #347236

Re: I don't think this changes much

Al, don't you think Stamper's attempt to enlighten everyone is a big plus? I didn't know about it even if I was supposed to ...by whoever sets the notary knowledge standards.

I just thought it was good for forum participants to make sure everyone's in the loop. That's all.

Reply by MichiganAl on 8/1/10 2:17pm
Msg #347238

James, my post had nothing to do with Zana

We're friends, we work together and we share information with each other all the time. It's great information. I've posted information about the act on my own blog. I'm sharing my opinion about the act itself and giving you additional information about it. Geez, don't see ghosts where there are none.

Reply by James Dawson on 8/1/10 2:21pm
Msg #347240

Re: James, my post had nothing to do with Zana

Ghost........enlighten everyone is a big plus? I didn't know about it even if I was supposed to ...by whoever sets the notary knowledge standards.

Reply by James Dawson on 8/1/10 2:29pm
Msg #347241

I was interested Stamper thanks again n/m

Reply by Stamper_WI on 8/1/10 3:29pm
Msg #347246

Re: I was interested Stamper thanks again

Your welcome

Reply by Stamper_WI on 8/1/10 3:28pm
Msg #347245

Re: I don't think this changes much

The only people it will affect are those in states that adopt it. States like California do their own work and legislate the laws themselves. WI notary laws are weak in the areas of commission requirements, bGC on notary's, fees. As I said before WI adopts whatever the Uniform code is. It is an opportunity to address other things particular to WI notaries. The President of our Senate has attempted to introduce notary related issues and has been shot down every time. When and if this comes up in Madison, it is our chance to pass the other issues.
It's of interest because it does cover areas it hasn't covered before.
Al runs a great blog when he's not busy meetring movie stars. When you have time take a look at it.

Reply by MichiganAl on 8/1/10 6:46pm
Msg #347251

Thanks for the compliment. It's a lot of work but I enjoy it n/m

Reply by Jack/AL on 8/1/10 3:07pm
Msg #347244

I'm interested.

Am in Alabama, where we have very little guidance, mostly in legal jargon of about 70 years ago. I've not read all of the pdf, but like what I saw at first glance. I'll probably be a smarty-pants and forward to Alabama's Secretary of State, and encourage her to do something helpful, like endorse such or create something similar for the state. Thanks.

Reply by Lavergne Manuel on 8/2/10 8:12am
Msg #347269

Re: I'm interested.

I am in Alabama also and what the Secretary Of States Office will probably say is contact your representative or senator. I have sent several questions to the SOS Legal Department and they have almost always referred me to someone else and I have never gotten a helpful answer from them. But anything is worth a try. Last year when we had the Notary Conference, we were encouraged to call or email with any questions but I have not had any success in getting any answers. Maybe if several of us from Alabama would forward this and others things to them they might wake up.

Reply by Cari on 8/2/10 9:59am
Msg #347278

...thanks for the info. But we have to abide by our own state laws, sooo, this info although quite helpful, really can't be utilized in lieu of our own state laws unless our respective states adopt their suggestions.

...as an unrelated issue, I wonder if the XYZ association is somehow competing with this organization for national recognition or the like? Hmmm....

Reply by Stamper_WI on 8/2/10 1:04pm
Msg #347294

From the NNA's letter to Mr Fry

" And the states are not without guidance for crafting these laws: the NNA’s own Model Notary Act, which was most recently published in 2002 and is undergoing revision for republication late in 2007, is one such source. Since 2002, the states of Colorado, Kansas, New Mexico, Massachusetts, Minnesota, North Carolina, Nebraska and Virginia have enacted laws or adopted rules based in whole or in part on Model Notary Act provisions. "

This is what I meant by motivation