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Posted by  VT_Syrup on 7/3/20 10:30am
The Uniform Law Commission's version of the Revised Uniform Law on Notarial Acts may be found at
https://www.uniformlaws.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=aec212eb-a1e8-183a-13dd-587c7604666e&forceDialog=0
I was trying to figure out what my options are for administering a purely oral oath or affirmation, with no written document, during the pandemic. (I looked at the Vermont version too, but I'm linking to the national recommended version since this forum covers the whole US.)
I cannot find any provision that requires the person taking an oath or affirmation to appear before the notary AT ALL, regardless of whether your thinking of physical appearance or online appearance!
Section 5 says a person must appear, and be identified, for acknowledgements, verifications, and signature witnessing. Verifications are oaths or affirmations where the affiant states the contents of a document are true; if there isn't any document, it isn't a verification.
Section 6 states "If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer." So if there isn't any record, section 6 doesn't apply.
My guess is that they wanted to limit the personal requirements to certain notarial acts. Some acts, such as making a certified copy, or noting a protest, traditionally did not require personal appearance, so the Uniform Law Commission didn't want to change that. I think when they were deciding which notarial acts DO require personal appearance, they just forgot about oral oaths.
Here's an example of an oral oath that is likely to come up for me in the next few months. Mrs. Doe, who is 85 years old and afraid of getting COVID-19, appears by video conference before the Castleton Vermont Board of Civil Authority, complaining that the town's assessor has set the value of her property too high, so she will have to pay more property tax than she should. Before the board lets her state why she things the value is too high, the board wants to put her under oath, as they always have. So does the absence of an explicit personal appearance requirement in RULONA mean a notary on the board can place her under oath by video conference? |
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