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October 14, 2010

New Hampshire notary public eccentric rules

New Hampshire Notary Public eccentric laws.

Introduction
A notary public in New Hampshire has different possibilities than a notary in most other states. The rules for a New Hampshire notary are different and its interesting to learn about. New Hampshire notaries can become a justice of the peace, or commissioner of deeds in addition to having normal notary capabilities.

Justice of the peace
Anybody who wishes to apply to become a Justice of the peace must be a resident of New Hampshire and have been a registered voter in New Hampshire for at least 3 years before the date of the application. The applicant must sign a written statement with an accompaning oath as to whether or not they have ever been convicted by a crime that has not been annulled by a court, other than a minor traffic violation. Two justices of the peace and one registered voter of New Hampshire must endorse the application for appointment. The applicant also needs to complete a State Police records check form. There is a $75 fee for a five-year commission.

Become a notary, justice, or commissioner in NH
To become a New Hampshire notary public or New Hampshire justice of the peace or New Hampshire commissioner of deeds, you apply to the Secretary of state’s office — state house, room 204, Concord, NH 03301 or email to elections@sos.state.nh.us

The term of a New Hampshire justice of the peace is five years from the date that the Governer and Council confirms your appointment. The new New Hampshire justice of the peace must sign and take their oath of office in the presence of two Notaries public or justices of the peace, or one notary public and one justice of the peace. Then, the oath must be returned to the secretary of state’s office as soon as possible. The recently appointed New Hampshire justice of the peace should keep their commission in their records. Additionally, an index card must be signed and returned to the superior court of the county in which the person resides.

Justice of the peace – capacities
A New Hampshire Justice of the Peace has some capacities similar to a New Hampshire notary. Both designations allow the officer to do acknowledgments, but do not require an official seal when doing so. However, the state recommends using an official seal when performing duties specific to a New Hampshire Justice of the Peace.

In addition to acknowledgments, a New Hampshire justice of the peace can do all the same acts as a regular New Hampshire notary public such as Oaths, Affirmations, Jurats, Depositions, Copy certifications, and Protests.

The two special acts that a justice of the peace can do that notaries in most states can not do are: officially witnessing signatures and performing marriages. Florida notaries can also perform marriages with a special designation.

New Hampshire Commissioner of deeds
The powers of a New Hampshire commissioner of deeds are actually less than those of a New Hampshire notary or justice of the peace. The commissioner of deeds can administer oaths BOTH IN AND OUT OF New Hampshire, for documents that will be used in New Hampshire. They can take depositiosn and affidavits, plus acknowledgments. However, the NH Secretary of State’s website gives no accounting of whether they can do Jurats, Protests, Copy certifications, or other typical New Hampshire notary acts.

New Hampshire notary public application
If you are at least 18, and a resident of NH, you can apply to the secretary of state in NH to become a New Hampshire notary public. There is a $75 fee, and the commission is good for five years. Please visit http://www.sos.nh.gov/notary.html for more details.

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