State of Vermont

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Office of the Secretary of State

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Notaries' Responsibilities: Protests; Jurisdiction; Seals

PROTESTS: A protest is a formal notarial act in writing and under seal made at the request of a holder of a note or bill, in which the holder declares that the bill or note was presented for payment or acceptance and that payment or acceptance was refused. It is rarely used today, and then almost exclusively in the case of foreign drafts.

Under Vermont law, a protest must identify the instrument and certify either that due presentment has been made or the reason why it is excused and that the instrument has been dishonored by nonacceptance or nonpayment.

It may also certify that notice of dishonor has been given to all parties or to specified parties. 9A V.S.A. §3-505.

Notaries who are unfamiliar with protests should proceed with extreme caution into this field.

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JURISDICTION: Under Vermont law, your authority to act as a notary extends statewide, in spite of the fact that you are appointed by the Superior Court judges of one county. 24 V.S.A. §441

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SEALS: Vermont law does not require the use of seals by notaries. This requirement was repealed in 1983 (No. 194, Adj. Sess., §2).

For documents leaving the state, you may need a seal, but within the state no seal is required.

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