Commissioner of Deeds

A Commissioner of Deeds is a public official appointed by the Governor, with the advice and consent of the Executive Council (RSA 455-A). A Commissioner of Deeds has the power to:

• Administer oaths, both in and outside of New Hampshire for documents that will be used in New Hampshire;
• Take depositions and affidavits to be used in New Hampshire;
• Take acknowledgements of deeds or legal documents to be used or recorded in New Hampshire in the same manner and with the same effect as a Justice of the Peace in New Hampshire.

To find out more about the powers and responsibilities of Commissioners of Deeds, read the Notary Public and Justice of the Peace Manual and the Commissioner of Deeds law – RSA 455:12. You can also call the Secretary of State’s Office at (603) 271-3242 to request a paper copy of the manual.

Requirements: To become a Commissioner of Deeds in New Hampshire, you must be:

• At least 21 years of age; and
• A US citizen with a primary residence in a state other than New Hampshire.

Application process: To apply, print off and complete the Commissioner of Deeds Application. Alternatively, you can also request an application form from the Secretary of State’s Office by phone (603-271-3242) or email (administration@sos.nh.gov).

Please mail the ORIGINAL completed application along with the $75.00 fee (check or money order made payable to “State of New Hampshire”) to the Secretary of State’s Office, Room 204, 107 North Main Street, Concord, NH 03301.  

Once the Secretary of State receives your application, it will take four to six weeks to be processed. The process is as follows:

1. Your application will be submitted to the Governor and Executive Council for nomination.
    
2. After you are nominated, your application will be submitted to the Governor and Executive Council for appointment. This will occur at a different meeting than the one in which you were nominated.
    
3. If your application is approved (you are appointed), your commission as a Commissioner of Deeds will be valid for 5 years from the date the Governor and Executive Council confirm your appointment. The date of your appointment will be indicated on your commission.
    
4. Within a week of your appointment, you will receive your commission, oath, Notary Public and Justice of the Peace Manual, and other information from the Secretary of State’s Office.
    
5. As soon as you receive your oath, sign and take your oath of office in the presence of a judge of some court of record.  You must take the oath to have the authority to act as a Commissioner of Deeds (RSA 92:2). The judge should sign your commission as well.
6. Return the oath to the Secretary of State’s Office as soon as possible. Unless we have your oath on file, we cannot certify that you are a qualified Commissioner of Deeds.
    
7. Keep the commission for your records. 

As a Commissioner of Deeds, you cannot charge more than $10.00 for each oath, witness, service, or certification.

Exception: For depositions, you can charge a fee of $5.00 but no more than $50.00. You are also entitled to $0.20/mile when traveling to swear in witnesses.

You cannot charge a fee to administer oaths of office for town officers.

• Any time you endorse a document or sign an acknowledgement as a Commissioner of the Deeds, you must type, print, or stamp your name and state the expiration of your commission on the document.
   
• Although not required, we recommend that when performing an act as a Commissioner of Deeds, you do so under your official seal. You are responsible for ordering your own seal.
   
• Commissioner of Deeds cannot endorse documents that require the endorsement of a notary public.

To renew your Commissioner of Deeds, you will follow the same process you completed to apply. You may download the renewal application here. Alternatively, you can complete the renewal application the Secretary of State’s Office will mail you approximately 12 weeks prior to the date your current commission is due to expire.

If you move during the five years of your commission (or change your name), please notify the Secretary of State’s Office.