The following companies have completed the E-Notarization and/or Remote Notarization Technology Provider Forms which is required to provide their technology services in New Hampshire.

Amrock LLC
BKFS Services LLC - DocVerify
BlueNotary
C&J Accounting LLP
CALLTECH INC dba NotaryLive
Corporation Service Company
Cyberize It LLC
DocMagic Inc
ENOTARYLOG LLC
E-Notary Seal LLC
Evolve Mortgage Services LLC
EscrowTab Inc
GoCertificates.com Inc
Jennifer J. Brook Law Offices PLCC
Law Office of Timothy J. Donovan & Associates PLLC
Notarize Inc dba Proof.com
NotaryCam Inc
OneSpan North America Inc
OnlineNotary Inc (dba OnlineNotary.us)
Guardian Consumer Services, Inc. DBA Pavaso, Inc.
SIGNiX Inc
Simplifile LLC
Stavvy, Inc.

New Hampshire Department of State

Frequently Asked Questions for Notaries Public Concerning Electronic Notarization and Remote Notarization

February 8, 2022

What is electronic notarization?

Effective February 6, 2022, the State of New Hampshire has authorized electronic notarization. An electronic notarization is an official act performed by a notary public using an electronic signature on an electronic document.

Generally speaking, all other steps and procedures of notarization remain the same. The signer appears before the notary to request a notarization, and the notary identifies the signer, completes a notarial certificate and affixes the electronic notary signature and seal.

What is remote notarization?

Effective February 6, 2022, the State of New Hampshire has authorized remote notarization. With remote notarization, the signer and the notary, although not in the same location, satisfy the requirement of personal appearance before the notary through use of real-time audio-video technology. The notary must be physically in New Hampshire. The two-way live teleconferencing capability must ensure the persons communicating can simultaneously see and speak to one another, for the purpose of positive identification and personal appearance. An identity proofing service must be used and the audio-visual session must be recorded, with the recording preserved for ten years. Review the manual available here for more information: https://sos.nh.gov/administration/administration/electronic-and-remote-notarization/

Is a Justice of the Peace authorized to perform electronic notarizations?

Yes. Effective February 6, 2022, the State of New Hampshire has authorized Justices of the Peace to perform electronic notarization. New Hampshire’s law imposes several requirements.  RSA Chapter 456-B, New Hampshire’s Uniform Law on Notarial Acts, is available online here: http://www.gencourt.state.nh.us/rsa/html/XLII/456-B/456-B-mrg.htm. Notarial acts for remotely located individuals are addressed in RSA 456-B:6-a. 

How does electronic notarization work?

Think of electronic notarization as achieving the same result as a paper (or traditional) notarization but using different tools. A commissioned notary simply uses technology to electronically sign the document, complete the certificate language, and apply his/her electronic seal in accordance with state laws . All signatures on the electronic document will be applied using some device such as a keyboard, stylus, touchscreen, touchpad, or other similar input device.

Does the Secretary of State have a list of electronic notarization and remote notarization technology providers?
Yes. You can find a list of authorized technology providers that have self-certified to meeting the New Hampshire statutory requirements on the Secretary of State’s web site. Choose the “Administration” tab and then “Electronic and Remote Notarization.” The Secretary of State does not endorse any specific technology providers.

What are the notarial acts an electronic notary is authorized to perform?

Generally, electronically enabled notaries are authorized to perform the same official acts as paper notaries. Official acts typically include taking sworn statements and acknowledgments, and witnessing signatures.

What is an electronic notary signature and seal?

New Hampshire law requires that notaries public and justices of the peace performing electronic or remote notarization use a digital certificate that meets the X.509 standards or an industry equivalent. Therefore, the secretary of state recommends that notaries public and justices of the peace use, and remote notarization providers require, digital certificates that are accredited by Direct Trust, a non-profit voluntary industry standards and accreditation organization. Alternatively, remote notarization providers must furnish an equivalent mechanism for ensuring that the issuance policies and practices of the digital certificate provider meet the X.509 standards. Direct Trust’s web site lists accredited digital certificate providers: https://directtrust.org/about-membership/member-list#dt-accredited-ca.

What is an electronic signature?

An electronic signature is any electronic sound, symbol or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the document. An electronic signature by a notary must use a digital certificate that meets the X.509 standard or an equivalent industry standard.

What is a digital signature?

A digital signature is a specific type of electronic signature that employs public and private key encryption to secure an electronic document or electronic message from unauthorized tampering. The encryption technology provides trust that a known party signed an electronic document. 

Digital signatures can also be used by signing systems to add a tamper-evident seal to the document, allowing recipients to later re-validate the document and ensure that document integrity has been preserved.

Is an official stamp/seal image required for an electronic notarial act?

To satisfy the official stamp requirement with an electronic record, the notary public must use an X.509 standard digital certificate. A seal image is optional.

Must a notarial certificate be completed for an electronic notarial act?

Yes.  A completed notarial certificate is essential to every notarial act, whether the document is paper or electronic. The certificate is prima facie (or “at face value”) evidence that the notarization occurred. The notarial certificate language may be printed on the document or appended (either as a separate page or as an electronic inclusion).

Are notaries required to keep a journal of electronic notarial acts?

New Hampshire law requires that a journal entry be made and the journal preserved for at least ten years for all remote notarizations. Most providers of remote notarization services to notaries include an electronic journal and preservation of both the audio-visual recording of the remote notarization and the journal entry for ten years.

Does a notary have to perform electronic notarizations?

No, it is entirely up to a notary whether they want to perform electronic notarizations. The costs of obtaining and maintaining a digital certificate and remote notarization provider services likely requires a significant volume of remote notarizations for fees to cover costs. Unless a notary provides notice to the Secretary of State that the notary will be performing remote/electronic notarizations, the notary is not authorized by law to perform electronic or remote notarizations. The form for providing notice is available on the Secretary of State’s website.

Is separate errors and omissions (E&O) insurance required to protect notaries as electronic notaries?
No. Notaries have the option of obtaining E&O insurance at their discretion. E&O insurance is not required by New Hampshire law.

What is a digital certificate?
A digital certificate, also known as a public key certificate, is the electronic credential, issued by a party called a Certificate Authority (CA), which is used by a party to digitally sign a document. In addition, a digital certificate is an essential component of a public key infrastructure (PKI) scheme. The holder of a digital certificate in a PKI scheme uses the certificate to assert his or her own identity and authenticate other users within the system. This promotes trust among parties.

What does an electronic signature/document/notarization look like?
There are two broad categories:

• Paper (or tangible) documents, with wet-ink signatures and notarization
• Electronic documents, with electronic signatures and electronic notarization

An electronically notarized document often looks like a paper-notarized document and may include a number of other identifiers to show it was notarized electronically. Typically an electronic notarized document is in either PDF or TIFF image format, with the notary public’s digital certificate information contained in the electronic document.