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Secretary of State's Office - Administration
Phone: 603-271-3242
Fax: 603-271-6316
Email: Administration@sos.nh.gov
Location and Mailing address:
N.H. Department of State
State House, Room 204
107 North Main Street
Concord, NH 03301-4989
TDD Access: Relay NH 1-800-735-2964
Commissioner of Deeds
COMMISSIONER OF DEEDS LAW - RSA 455:12
The Notary Public and Justice of the Peace Manual is available on-line or by contacting the Secretary of State's Office at 603-271-3242
REQUIREMENTS AND APPLICATION
- Applicants are not residents of New Hampshire.
- The fee is $75 for a 5-year commission.
PROCEDURE FOR APPLYING
- The application is obtained from the Secretary of State’s Office. You may request an application the following ways: Call 271-3242 OR mail your request in writing to the Secretary of State’s Office, 107 North Main Street, State House Room 204, Concord, N.H. 03301 OR email your request to administration@sos.nh.gov OR download the APPLICATION.
- Complete the application and return it to the Secretary of State’s Office with the $75 fee.
- Your request will be treated as follows:
- Your application will be submitted to the Governor and Executive Council for nomination.
- Your application will be submitted to the Governor and Executive Council for appointment.
- This process will take 4-6 weeks.
AFTER COMMISSIONED BY GOVERNOR AND EXECUTIVE COUNCIL
- Your appointment as a commissioner of deeds will be for 5 years from the date the Governor and Council confirms your appointment. The date of appointment will be indicated on your commission.
- Within a week after appointment, you will receive your commission, oath, Notary Public Manual and other information from the Secretary of State’s Office.
You must:
- Sign and take your oath of office before a judge of some court of record. The judge should sign your commission as well.
- Return the oath to the Secretary of State’s Office as soon as possible. Unless we have your oath on file, we cannot certify that you are qualified as a commissioner of deeds.
- Keep the commission for your records.
POWERS OF A COMMISSIONER OF DEEDS
Every Commissioner of Deeds shall have the power to:
- Administer oaths, both in and out of New Hampshire for documents that will be used in New Hampshire.
- Take depositions and affidavits to be used in New Hampshire.
- Take acknowledgements of deeds or instruments to be used or recorded in New Hampshire in the same manner and with the same effect as a Justice of the Peace has in New Hampshire.
While RSA 455 does not require a Commissioner of Deeds to use a seal when making acknowledgements, RSA 456-B The Uniform Law on Notarial Acts does require the use of a seal. We recommend that when performing an act as a Commissioner of Deeds, you do so under your official seal.
A justice of the peace (commissioner of deeds) signing an acknowledgement or jurat on any document or instrument shall type, print, or stamp the name of the justice of the peace (commissioner of deeds) and state the expiration date of his or her commission on the document or instrument. However, failure to meet these requirements shall not impair the legal validity of any acknowledgement or jurat.
FEES
- A fee of no more than $10.00 can be collected for each oath, witness, service or certification, except that:
- For depositions, a fee of $5.00 but not more than $50.00 may be collected. The fee is based upon the amount that the commissioner feels is sufficient payment for his/her services. The commissioner is also entitled to .20/mile when traveling to swear in witnesses.
- No fees are allowed for administering and certifying oaths of office of town officers.
HOW DO I RENEW MY COMMISSIONER OF DEEDS COMMISSION?
- The renewal process is the same as the process you completed for your initial commission. You may download the renewal application, OR
- A renewal application will be mailed to you approximately 3 months prior to the date your current commission is due to expire.
- If you move during the 5 years of your commission (or change your name) and do not notify the Secretary of State’s Office, your renewal form will not reach you.
Notary Public
NOTARY PUBLIC LAW - RSA 455 and Uniform Law on Notarial Acts - RSA 456-B
Click here for information about Electronic and Remote Notarization
The Notary Public and Justice of the Peace Manual is available on-line or by contacting the Secretary of State's Office at 603-271-3242
REQUIREMENTS AND APPLICATION
- Every person applying to become a notary public must be a resident of New Hampshire (see new reciprocity law below).
- You must be at least 18 years of age.
- The applicant must sign a written statement under oath as to whether he/she has ever been convicted of a crime that has not been annulled by a court, other than minor traffic violations.
- Two notaries public and one registered voter of New Hampshire must endorse the application for appointment.
- The applicant must complete an Acknowledgement of Criminal Record Check Form (which appears on the reverse side of the application.
- The fee is $75 for a 5-year commission.
PROCEDURE FOR APPLYING - The application below are for New Hampshire residents ONLY
- The application is obtained from the Secretary of State’s Office. You may request an application the following ways: Call 271-3242 OR mail your request in writing to the Secretary of State’s Office, 107 North Main Street, State House Room 204, Concord, N.H. 03301 OR email your request to administration@sos.nh.gov OR download the NEW APPLICATION. The application includes, on the back, the Acknowledgement of Criminal Record Check. You MUST complete and submit the entire application. (You may print this form double-sided.) DO NOT use this form as a renewal. See below for renewal information.
- Complete the entire application and return it to the Secretary of State’s Office with the $75 fee.
- Send the ORIGINAL form. If you send a copy of the form, it will be returned.
Your request will be treated as follows: - The Secretary of State will use the Acknowledgement of Criminal Record Check to check the N.H. State Police database to see if you have a record of criminal convictions.
- Your application will be submitted to the Governor and Executive Council for nomination.
- Your application will be submitted to the Governor and Executive Council for appointment.
- This process will take 8-10 weeks.
RECIPROCITY FOR NOTARIES IN ABUTTING STATES (not NH residents)
Effective August 4, 2019, a resident of an abutting state may apply to be commissioned as a Notary Public in New Hampshire under the following circumstances:
Qualification of applicant:
- Must be a resident of Maine, Massachusetts or Vermont;
- Must be regularly employed or carries on a trade, business, or practice in New Hampshire at the time of applying;
- Must be a registered Notary Public in their home state.
Application forms to be submitted: The applications below are for OUT-OF-STATE residents ONLY
- Notary Public Application for Maine, Massachusetts or Vermont resident;
- Affidavit of Employment;
- Acknowledgement of Criminal Record Check for the State of New Hampshire;
- Criminal History Record completed by the Department of Safety in your home state;
- $75 application fee.
AFTER COMMISSIONED BY GOVERNOR AND EXECUTIVE COUNCIL - Your commission as a notary public will be for 5 years from the date the Governor and Council confirm your appointment. The date of appointment will be indicated on your commission.
- Within a week after appointment, you will receive your commission, oath, Notary Public Manual and other information from the Secretary of State’s Office.
You must:
- Sign and take your oath of office in the presence of two justices of the peace, or two notaries public, OR one notary public and one justice of the peace. Those who sign your oath should also sign your commission.
- Return the oath to the Secretary of State’s Office as soon as possible. Unless we have your oath on file, we cannot certify that you are qualified as a notary.
- Keep the commission for your records.
NOTARY SEAL
All acknowledgements made by you as a notary public shall be either under an official seal or an official rubber stamp.
- The official seal shall have the following information printed on it:
- Name of the Notary
- The words “Notary Public”
- The words “New Hampshire”
- A separate rubber stamp should carry the expiration date of the notary public’s commission.
- The official rubber stamp shall have the following information printed on it:
- Name of the Notary
- The words “Notary Public”
- The words “New Hampshire”
- The expiration date of the notary public’s commission.
AUTHORIZED NOTARIAL ACTS (RSA 456-B)
- Acknowledgements
- Oaths and affirmations
- Jurats
- Depositions
- Copy Certifications
- Witnessing or attesting signatures
- Protests
FEES
- A fee of no more than $10.00 can be collected for each oath, witness, service or certification, except that:
- For depositions (RSA 517), a fee of $5.00 but not more than $50.00 may be collected. The fee is based upon the amount that the notary feels is sufficient payment for his/her services. The notary is also entitled to .20/mile when traveling to swear in witnesses.
- No fees are allowed for administering and certifying oaths of office of town officers.
HOW DO I RENEW MY NOTARY PUBLIC COMMISSION?
- The renewal process is the same as the process you completed for your initial commission.
- A renewal application will be mailed to you approximately 12 weeks prior to the date your current commission is due to expire. Renewal applications ARE NOT available on-line.
- If you move during the 5 years of your commission (or change your name) and do not notify the Secretary of State’s Office, your renewal form will not reach you.
RECORDS
- Although New Hampshire law does not require notaries to keep a journal of their notarial acts, it is recommended by the National Notary Association that you do so.
Electronic and Remote Notarization
ELECTRONIC AND REMOTE NOTARIZATION
RSA 456-B (effective February 6, 2022)
The New Hampshire Uniform Law on Notarial Acts, authorizes the performance of electronic and remote notarization. A notary may perform remote notarization by means of live two-way audio-visual communication technology. Before providing these new services, notaries will be required to notify the Secretary of State's Office of the technology services and/or vendors the notary will purchase to provide these new services.
The law requires notaries who wish to use electronic or remote notarization capabilities to meet minimum technical performance requirements. Notary journals are required. Several technology service companies offer electronic and remote notarization systems. Each notary choosing to perform these services is responsible for verifying that the vendor the notary employs certifies that their system/services meet the statutory requirements in New Hampshire. A notary should also ensure that the system/services comply with industry-imposed requirements. Check with the Title Company and/or lender before using remote notarial services for any property transaction. A notary will need to confirm whether they accept remotely notarized documents for both insurance and deed recording purposes.
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Electronic/Remote Notarization Notification Form (to be completed by a Notary Public or Justice of the Peace who will be providing this service in New Hampshire.
For a list of Notaries or Justices of the Peace who have notified the Secretary of State's Office that they will be performing electronic and/or remote notarizations click here.
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E-Notarization and/or Remote Notarization Technology Provider Form (to be completed by a provider qualified to provide their technology services in New Hampshire)
For a list of providers who have notified the Secretary of State's Office that they are qualified to offer electronic and/or remote services in New Hampshire click here.
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References:
On-line Notary Public and Justice of the Peace Manual
RSA 455 Notaries Public (as amended by Chapter 206, Laws of 2021, eff. 2.6.22)
RSA 456-B Uniform Law on Notarial Acts (as amended by Chapter 206, Laws of 2021, eff. 2.6.22)
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FAQ's (Frequently Asked Questions)
Users of E-Notarizaton
Technology Providers
Frequently Asked Questions
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