Notary Requirements for New Hampshire: 2025 Updated

This guide provides comprehensive information on becoming and renewing as a notary public in New Hampshire as of May 2025. It covers eligibility, application, supplies, remote online notarization (RON), and common questions.

• Eligibility
• Application Process for New Notary Commission
• Surety Bond
  
• Notary Seal Requirements
• Notary Journal Requirements
• Oath of Office and Recording the Commission
• Commission Term and Expiration
• Commission Renewal Process
• Remote Online Notarization (RON)
• Official Resources
• Frequently Asked Questions (FAQ)

Eligibility

To become a Notary Public in New Hampshire, applicants must meet these criteria:

• Residency: Be a resident of New Hampshire OR a resident of an adjoining state (Maine, Massachusetts, Vermont) who is regularly employed or conducts business in New Hampshire.

  • Non-residents from bordering states must also hold a notary commission in their home state and provide an affidavit of their New Hampshire employment/business.

• Age: Be at least 18 years old.

• Good Character and No Disqualifying Convictions: Applicants must disclose any criminal convictions. A person convicted of a crime (other than minor traffic violations) that has not been annulled is generally not eligible.

• Endorsements: The application requires endorsements from three individuals: two current New Hampshire Notaries Public and one New Hampshire registered voter, attesting to the applicant's character.

U.S. citizenship is not explicitly required, but an oath to uphold the U.S. and New Hampshire constitutions is mandatory. No exam or formal training is mandated by New Hampshire.

Get a notary stamp that meets New Hampshire’s official requirements, available in multiple formats and shipped within one business day.

Order New Hampshire Notary Stamp

Application Process for New Notary Commission (Online or Mail)

Applying for a new notary commission involves these steps:

1. Obtain the Application Form: Download the Notary Public Application form from the New Hampshire Secretary of State’s (SOS) website or request it by mail/phone. As of 2025, submission is typically via mail due to original signature requirements.

2. Complete the Application:

   • Provide personal information and affirm eligibility under oath.

   • Gather original signatures from three endorsers (two NH Notaries, one NH registered voter).

   • Non-Resident Affidavit (if applicable): Residents of bordering states must attach an affidavit confirming their home state residency, home state notary commission, and New Hampshire employment/business.

3. Application Fee: Include the $75.00 application fee, typically by check or money order payable to "State of New Hampshire."

4. Submit the Application: Mail the completed original application (with all signatures, affidavits, and fee) to the Secretary of State’s Office, Notary Public Section (address usually on the form, e.g., State House, 107 North Main Street, Concord, NH 03301).

5. Review and Approval: The SOS reviews applications. Approved applications are forwarded for appointment by the Governor with the advice and consent of the Executive Council. This process can take several weeks to a couple of months.

6. Appointment and Commission Issuance: Upon appointment, the SOS will mail an official commission packet containing your Notary Public Commission Certificate and an Oath of Office form.

7. Commission Term: New Hampshire notary commissions are valid for 5 years from the date of appointment.

8. Next Step - Taking Oath of Office: You are not authorized to act as a Notary Public until you complete and file the Oath of Office.

Double-check the application for completeness and accuracy to avoid delays.

Surety Bond

New Hampshire does NOT require notaries public to obtain a surety bond. Notaries may voluntarily choose to carry Errors & Omissions (E&O) insurance for personal liability protection, but it is not state-mandated.

Notary Seal Requirements

New Hampshire notaries must authenticate official acts on records with a seal or stamp. This can be an embossed seal or a rubber-inked stamp (or an electronic equivalent for e-notarizations).

• Required Information on Seal/Stamp:

  1. The notary’s name (as on commission).

  2. The words “Notary Public, New Hampshire.”

  3. The expiration date of the notary’s commission.

• Quality: The seal must produce a clear, legible, and reproducible impression. Rubber stamps are common for clarity.

• Usage: Affix the seal near your signature on the notarial certificate. Sign your name exactly as it appears on your commission and stamp.

• Obtaining a Seal: Notaries purchase their own seals from commercial vendors.

• Security: Safeguard your seal. Report loss or theft to the SOS.

Notary Journal Requirements

• Traditional Paper Notarizations: Keeping a journal is optional but highly recommended as a best practice for protection and record-keeping.

• Remote or Electronic Notarial Acts: A journal is mandatory for notarizations performed for remotely located individuals (RON) or other electronic notarial acts, effective February 6, 2022.

  • A notary may maintain one tangible journal for paper notarizations and one or more electronic journals for electronic notarizations.

• Required Journal Entries (especially for RON/electronic acts):

  • Date and time of the notarial act.

  • Type of notarial act and a brief description of the document.

  • Full name and address of each person whose signature was notarized.

  • Method of signer identification (personal knowledge or description of ID credential, including issuer and expiration date).

  • Fee charged, if any.

  • For RON, note that the act was remote.

• Journal Format and Retention:

  • Tangible journals: Bound book with sequentially numbered pages.

  • Electronic journals: Permanent, tamper-evident format.

  • Journals (or the information within) must be kept for at least 10 years after the last notarization recorded, particularly for RON journals. This obligation continues even after commission expiry or resignation. The notary must inform the SOS where the journal is kept or transfer it to a state-approved repository.

• Journal Security and Surrender: Keep journals secure. Report loss or theft promptly to the SOS. In case of death/incapacity, the personal representative handles the journal according to law.

Oath of Office and Recording the Commission

After receiving your commission certificate, you must take and file an Oath of Office before notarizing.

1. Authorized Officials to Administer Oath: The oath must be administered by two officials acting together. Authorized combinations include:

   • Two Justices of the Peace.

   • One Justice of the Peace and one Notary Public.

   • Two Notaries Public.

   • Two members of the Executive Council.

   • One Executive Councilor and one Justice of the Peace.

2. Sign and Take the Oath:

   • Sign the oath form (from your commission packet) in the presence of the two administering officials. The oath includes allegiance to the U.S. and NH constitutions and a pledge to faithfully discharge duties. Affirmation is permitted instead of swearing.

   • The officials will witness your signature, sign the oath form, and affix their official seals/stamps to both the oath form and your commission certificate.

3. Retain Your Commission Certificate: Keep the signed and stamped commission certificate as proof of being sworn in.

4. Return the Oath of Office to the State: Mail the original, completed oath form back to the Secretary of State’s Office promptly. There is no additional fee for filing the oath.

   • Once the SOS has your oath on file, you are fully qualified to act as a notary.

   • New Hampshire does not require recording the commission or oath with a county clerk.

Commission Term and Expiration

• Term Length: 5 years from the date of appointment by the Governor and Executive Council.

• Expiration Date: Printed on your commission certificate and required on your seal. All notarial authority ceases at midnight on this date unless renewed. No grace period exists.

• End of Term/Not Renewing: If not renewing, your commission expires automatically. Destroy your seal. Retain journals as required (10 years for RON acts).

Commission Renewal Process (Reappointment)

Renewing is similar to the initial application.

1. Timing: The SOS typically mails a pre-printed renewal application 8-12 weeks before expiration. If not received one month prior, contact the SOS.

2. Complete Renewal Application:

   • Review/update pre-printed information.

   • Answer character/criminal history questions under oath.

   • Obtain three new endorsements (two NH Notaries, one NH registered voter).

3. Fee: $75.00, payable to the Secretary of State.

4. Submission: Submit the completed renewal form and fee to the SOS before your current commission expires.

5. Approval Process: Same as initial: review by SOS, then appointment by Governor and Executive Council.

6. New Commission Issued: Upon approval, you receive a new commission certificate and another Oath of Office form.

7. Take Oath Again: The oath must be taken again for the new term, following the same procedure as the first time.

8. New Seal: Obtain a new seal or update your existing one to reflect the new commission expiration date.

If your commission lapses, you must reapply as if new.

Remote Online Notarization (RON) in New Hampshire

RON is legal in New Hampshire (effective February 6, 2022, under RSA 456-B).

• Prior Notification to State: Before performing your first RON, you must notify the SOS of your intent and identify the compliant technology/platform you will use.

• Approved Technology: The platform must provide secure live two-way audio-visual communication, identity verification methods (credential analysis, KBA), and a way to affix electronic signatures/seals.

• Electronic Seal and Signature: You will use a digital version of your seal and an electronic signature, applied by the RON platform in a tamper-evident manner. The electronic seal must contain the same information as your physical seal.

• Notary Location: The notary must be physically in New Hampshire. The signer can be located anywhere, provided requirements of RSA 456-B:6-a are met (e.g., verification of permissibility if signer is out-of-state).

• Standards for Remote Notarizations:

  • Identity Verification: Personal knowledge OR satisfactory evidence (credential analysis + identity proofing/KBA via the platform).

  • Oaths/Affirmations: Administered remotely via audio-video.

  • Notarial Certificate: Must indicate the act was performed remotely.

  • Journal: Mandatory for all RON acts (see Journal Requirements).

  • Recording: While RSA 456-B:8-c doesn't explicitly mandate video recording retention in the journal section, best practice and platform functionality often include recording the session. Check SOS guidance. Retain any recordings as part of the notarial record.

• Fees for RON: Up to $25 per notarial act for a remotely located individual.

• Training: No state-mandated RON course, but self-education on technology and procedures is crucial. Notify SOS of chosen platform.

Official Resources

• New Hampshire Secretary of State – Notary Public Division: Primary source for forms, instructions, laws, and updates (NH.gov).

• New Hampshire Statutes: RSA 455 (Notaries Public and Commissioners) and RSA 456-B (Uniform Law on Notarial Acts).

• Notary Public Manual (New Hampshire Notary & Justice of the Peace Manual): Published by the SOS and Attorney General, explaining duties and laws. Ensure you have the latest edition.

• Secretary of State’s Office – Direct Support: Contact for specific inquiries (typically 603-271-3242 or Administration@SOS.NH.gov).

Always rely on official state-issued information.

Frequently Asked Questions (FAQ)

Q: How much can a NH Notary charge?

A: Up to $10.00 for standard acts. Up to $25.00 for RON acts. Specific fees for depositions. No fee for oaths of office for town officials. Reasonable travel fees (e.g., $0.20/mile) can be charged with prior agreement.

Q: Is a surety bond required in NH?

A: No. E&O insurance is optional for personal protection.

Q: Is there a notary exam or education requirement?

A: No state-mandated exam, training, or continuing education. Self-education is highly recommended.

Q: Can out-of-state residents be NH notaries?

A: Yes, if residing in a bordering state, regularly employed/conducting business in NH, and already a notary in their home state. An additional affidavit is required.

Q: Where can I notarize? Can I notarize documents from other states?

A: Jurisdiction is statewide within NH. You cannot notarize if physically outside NH. Documents from other states can be notarized if the act occurs in NH (or via RON with you in NH).

Q: What duties can a NH Notary perform?

A: Acknowledgments, oaths/affirmations, jurats, witnessing signatures, depositions, certifying some copies (not vital records or recordable documents), and electronic/remote notarizations. Notaries cannot give legal advice or draft documents unless also licensed attorneys. They cannot perform marriages (that's for Justices of the Peace or other authorized individuals).

Q: How do I change my name or address on my commission?

A: A notary public must update their name or address on their commission to maintain compliance with state law and ensure the accuracy and validity of their notarial authority.

• Name Change: Notify the SOS. A $5.00 fee for an updated commission certificate. Obtain a new seal. If near term end, the SOS might allow signing with both names.
• Address Change: Notify the SOS (mail or email). No fee. Essential for receiving renewal notices.

Q: What if my commission expires?

A: You must reapply as if new (same process and fee as renewal). There is no late renewal or reinstatement. Do not notarize during any lapse.

Q: Can I notarize for family members?

A: NH law doesn't forbid it, but you must be impartial and have no direct financial or beneficial interest. For significant documents (wills, finances), it's wiser to use an unrelated notary to avoid appearance of bias.

Q: What are the consequences of notary misconduct?

A: Civil penalties up to $1,000, potential misdemeanor charges for knowing violations (e.g., false certification), and commission revocation or suspension by the SOS.

Q: How do I resign my commission?

A: Send a letter of resignation to the SOS, ideally returning your commission certificate. Destroy your seal. Retain journals as required.