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 [email protected] 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.
- 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 expriation 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.
- 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.