New Hampshire Revised Statutes 455:16 – Misconduct, Penalties
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I. A person shall be subject to a civil penalty not to exceed $1,000 if such person:
(a) When applying for a commission as a notary public, negligently or recklessly makes a material false representation on the application form;
For details, see N.H. Rev. Stat. 651:2
(b) Holding a commission as a notary public or justice of the peace, negligently or recklessly makes a notarial act that is false;
(c) Holding a commission as a notary public or justice of the peace, negligently or recklessly makes a notarial act for a person not personally known by the notary without first requiring the person to establish his or her identity; or
(d) Holding a commission as a notary public or justice of the peace, negligently or recklessly makes a notarial act purporting to have witnessed the maker’s signing of the document or purporting to have received the oath or affirmation of the person, when the notary did not actually witness the maker’s signing of the document or did not actually receive the oath or affirmation of the person.
II. A person shall be guilty of a class A misdemeanor:
(a) If such person purposefully or knowingly commits any of the acts listed in paragraph I.
(b) If such person makes a notarial act, as defined by N.H. Rev. Stat. § 456-B:1, I, knowing he or she is not a person authorized by N.H. Rev. Stat. § 456-B:3 to perform a notarial act.
III. (a) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of paragraph I a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the general fund.
(b) The attorney general shall have authority to notify suspected violators of this section of the state’s intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the general fund.
(a) When applying for a commission as a notary public, negligently or recklessly makes a material false representation on the application form;
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,000 |
Terms Used In New Hampshire Revised Statutes 455:16
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- oath: shall include "affirmation" in all cases where by law an affirmation may be substituted for an oath; and, in like cases, the word "sworn" shall include the word "affirmed. See New Hampshire Revised Statutes 21:24
- Oath: A promise to tell the truth.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) Holding a commission as a notary public or justice of the peace, negligently or recklessly makes a notarial act that is false;
(c) Holding a commission as a notary public or justice of the peace, negligently or recklessly makes a notarial act for a person not personally known by the notary without first requiring the person to establish his or her identity; or
(d) Holding a commission as a notary public or justice of the peace, negligently or recklessly makes a notarial act purporting to have witnessed the maker’s signing of the document or purporting to have received the oath or affirmation of the person, when the notary did not actually witness the maker’s signing of the document or did not actually receive the oath or affirmation of the person.
II. A person shall be guilty of a class A misdemeanor:
(a) If such person purposefully or knowingly commits any of the acts listed in paragraph I.
(b) If such person makes a notarial act, as defined by N.H. Rev. Stat. § 456-B:1, I, knowing he or she is not a person authorized by N.H. Rev. Stat. § 456-B:3 to perform a notarial act.
III. (a) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of paragraph I a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the general fund.
(b) The attorney general shall have authority to notify suspected violators of this section of the state’s intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the general fund.