Ballot 51 – Notaries

Ballot overview

• Ballot 51 – Notaries was passed unanimously.
• The motion was made by Ben Wilson and endorsed by Rich Smith and Bruce Morton.
• The ballot updates the Baseline Requirements definitions and section 10.10.1(1)(A) to distinguish between a Latin Notary and a Notary.

Changes made by the motion

• In Section 3 (Definitions), the ballot deletes the existing definition of Legal Practitioner.
• It inserts definitions for:
  • Latin Notary: a person with legal training whose commission under applicable law includes authority to authenticate the execution of a signature on a document and responsibility for the correctness and content of the document.
  • Legal Practitioner: a person who is either a lawyer or a Latin Notary and competent to render an opinion on factual claims of the Applicant.
  • Notary: a person whose commission under applicable law includes authority to authenticate the execution of a signature on a document.
• In section 10.10.1(1)(A), the ballot deletes the reference to a notary that is a member of the International Union of Latin Notaries and inserts a reference to a Latin Notary commissioned in the Applicant’s Jurisdiction of Incorporation or Registration or any jurisdiction where the Applicant maintains an office or physical facility, provided that jurisdiction recognizes the role of the Latin Notary.

Timing stated in the ballot

• The ballot review period begins at 2100 UTC on 23 Aug 2010.
• The ballot review period closes at 2100 UTC on 30 Aug 2010.
• The voting period starts immediately after the review period unless the motion is withdrawn.
• The voting period closes at 2100 UTC on 7 Sep 2010.
• The motion states EFFECTIVE IMMEDIATELY.

Compliance impact

• The ballot text indicates the changes take effect immediately upon passage.
• No separate phased applicability dates are stated in the evidence.