NH Notary NH Notary Seal and Stamp Requirements 2 — Questions and Answers
Question 1: What should a New Hampshire notary do if their official stamp is lost or stolen?
- Continue notarizing without a stamp until a new one arrives
- Notify the appropriate authorities and stop notarizing until a replacement is obtained (Correct answer)
- Use a rubber-stamped copy made by a friend
- Transfer their duties to another notary temporarily
Correct answer: Notify the appropriate authorities and stop notarizing until a replacement is obtained
A notary must report a lost or stolen stamp and cease performing notarizations until a secure replacement is obtained, preventing unauthorized use of their identity.
Question 2: When a New Hampshire notary's commission expires or is resigned, what should happen to the official stamp?
- It may be kept as a personal memento
- It should be destroyed or secured to prevent future unauthorized use (Correct answer)
- It should be returned to the Secretary of State
- It may be transferred to another notary in the same office
Correct answer: It should be destroyed or secured to prevent future unauthorized use
When a notary's commission ends, the stamp must be destroyed or secured because using it after commission expiration would be unauthorized and potentially fraudulent.
Question 3: A New Hampshire notary's stamp impression is smudged and unclear on a document. What is the best course of action?
- Sign the document and note 'stamp unavailable' in the journal
- Re-stamp the document to ensure a clear, legible impression (Correct answer)
- Complete the notarization and explain the smudge to the signer
- Cross out the smudge and initial it
Correct answer: Re-stamp the document to ensure a clear, legible impression
A legible stamp impression is required under NH law, so the notary should re-stamp to provide a clear, reproducible mark on the document.
Question 4: Under New Hampshire notary law, may an employer require a notary to surrender their stamp upon leaving employment?
- Yes, because the employer paid for the commission
- No, because the stamp belongs to the notary personally, not the employer (Correct answer)
- Yes, but only if the notary signed an agreement to do so at hiring
- No, unless the Secretary of State approves the transfer
Correct answer: No, because the stamp belongs to the notary personally, not the employer
A notary's commission and stamp are personal, not transferable to or owned by an employer; the notary retains authority and responsibility for the stamp.
Question 5: What is the consequence for a New Hampshire notary who allows another person to use their official stamp?
- A minor administrative fine only
- Potential civil and criminal liability, and loss of commission (Correct answer)
- A written warning from the Secretary of State
- Required additional training hours
Correct answer: Potential civil and criminal liability, and loss of commission
Permitting unauthorized use of a notary stamp is a serious violation that can result in civil liability, criminal charges, and revocation of the notary's commission.
Question 6: Which type of seal impression is generally NOT acceptable for New Hampshire notarial acts when producing copies?
- An inked rubber stamp
- An ink pad roller stamp
- A dry embossed seal used alone without ink (Correct answer)
- A pre-inked stamp
Correct answer: A dry embossed seal used alone without ink
A dry embossed seal alone may not reproduce clearly in photocopies or scanned images, which is why NH requires the stamp impression to be legible and reproducible.
Question 7: How many official stamps may a New Hampshire notary public maintain at one time?
- Exactly one, with no duplicates permitted
- As many as needed, provided each is kept secure and used only by the notary (Correct answer)
- Two maximum — one for work and one for personal use
- None; NH only requires a handwritten signature
Correct answer: As many as needed, provided each is kept secure and used only by the notary
NH law does not restrict a notary to a single stamp; a notary may have multiple stamps as long as each is secured and used only by that authorized notary.
What should a New Hampshire notary do if their official stamp is lost or stolen?