2018 Notary Law Updates

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2018 Adopted/Enacted Notary Legislation

Page Last Updated: June 2020
 EFFECTIVE:
Jan. 2018 Feb. 2018 Mar. 2018 Apr. 2018
Delaware-HB47
Illinois-SB265
New Hampshire-HB288
Ohio-HB31 Arizona–AdminRule R2-12-1102
Ohio–SB33
 
May 2018 Jun. 2018 Jul. 2018 Aug. 2018
Louisiana-SB92  West Virginia-HB4207
Indiana-SB539
Nevada-AB413
Texas-HB1217
Washington-SB5081

Arizona-HB2155
Arizona-HB2178
Idaho-HB446 (some provisions)
Indiana-HB1303
Virginia-HB1343

Kentucky-HB11
New Hampshire-HB1247

Louisiana-HCR86
Hawaii-SB3002
Washington-Admin Code CH 308
Louisiana-HB521
Maine-LD1865
Texas-Admin Code Title 1, Part 4, CH 87

Colorado-HB1138
Maryland-COMAR 01002.08.03
Sept. 2018 Oct. 2018 Nov. 2018 Dec. 2018
Ohio-HB49
Michigan-HB5811
Michigan-SB737
Idaho-HB209
Idaho-HB446 (some provisions)
Maryland-HB1093
Nevada - Temp Regs District of Columbia-B324 (Act 22-471)
ARIZONA - HB 2155
Effective 07.21.2018
View this bill

• Prohibits a notary public who is not also an attorney from rendering any service for compensation that constitutes the unauthorized practice of immigration and nationality law as defined in Arizona Statutes (ARS 12-2701).  Provides that the Secretary of State shall impose, on violators, a civil penalty up to $1000 and permanently revoke the person’s notary public commission. 
• Provides that the Secretary of State shall permanently revoke the notary public commission of those who violate the statutory requirements of ARS 41-329(A), concerning advertising of notary public services.
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ARIZONA - HB 2178
Effective 07.21.2018
View this bill

Amends various sections of Arizona’s notary public statutes, found in Arizona Revised Statutes, Chapter 2, Article 2.

House Bill 2178:
1. Expands the current definition of “notarial act” or “notarization” to add that a notarial act or notarization “verifies only the identity of a signer of a document and not the truthfulness, accuracy or validity of the document.”
2. Adds as additional acceptable forms of satisfactory evidence of identification:
   • an unexpired, non-operating identification license that is issued by a state or territory of the United States;
   • an inmate identification card that is issued by the State Department of Corrections, if the inmate is in the custody of the Department; and
   • any form of inmate identification that is issued by a county sheriff, if the inmate is in the custody of the county sheriff.
3. Makes a technical edit to clarify the meaning of “venue.”
4. Deletes a provision that allowed a notary to proceed with notarization of a document written in a language the notary did not understand, if the document was translated and included the translator’s affidavit that the translation was accurate and complete.
5. Effective July 21, 2018, requires the information elements of an Arizona notary’s official seal to also include the notary’s commission number.  Allows notaries with commissions in effect before July 21, 2018 to continue using their existing official seal until expiration of their commission term; upon renewal these notaries must obtain an official seal with the newly required commission number information.
6. Increases the number of days after issuing a commission that the Secretary of State will accept a notary public’s bond filing (from thirty days after the date of commissioning to sixty).
7. Specifies that a notary public shall submit a commission resignation in writing, to the Secretary of State (instead of the Governor).
8. Requires that within ten days after loss, theft or compromise (new) of an official journal or seal, a notary public shall deliver signed notice to the secretary of state using certified mail or other means of providing a receipt.
9. Deletes statutory sections dealing with electronic notary and electronic notarization.  This change significantly streamlines statutory authorization for a notary’s performance of electronic notarial acts, by providing that notarial commissions, duties and acts may be performed electronically; a notary public may accept documents signed with an electronic signature; and the Secretary of State must adopt rules establishing standards for “secure and feasible” implementation of electronic notarization by December 21, 2019.
10. Makes various conforming changes.
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ARIZONA - Administrative Rule R2-12-1102 – Notary Public Bonds and Fees
Effective 03.05.2018
Email support@asnnotary.org to view this bill.

• Increases, to $10, the maximum fee a notary public may charge for specified notarial acts.  A notary public may charge from no fee up to the maximum fee allowed.
• Requires a notary public to select a “standard” fee he or she will charge that is based on the allowable fee schedule.  Requires a notary public to keep posted at all times a notary public fee schedule reflecting the allowed fees provided in Administrative Rule R2-12-1102, Subsection (E)(1) through (3), and the “standard” fee that the notary public will charge.  The fee schedule must be posted in a conspicuous location, and must appear in the format (“template”) provided in the Rule (Exhibit 1).
• Requires a notary public to be consistent when charging fees.
• Requires a notary public, prior to performing any notarial act,  to inform the principal (“requestor”) of the notary fee if one will be charged.
 

COLORADO - HB 1138
Effective 08.08.2018
View this bill

Establishes consistency across Colorado statutes for the form of oaths or affirmations taken for service in a public office, and for the form of oaths or affirmations taken for other purposes. Addresses the filing of oaths or affirmations for public office. Repeals outdated oath or affirmation provisions.

1. Provides the specific text of the oath or affirmation that a person is required to take before the person enters into a public office or position.
a. Requires and oath or affirmation for public office to be (a) in writing and signed by the person taking the oath or affirmation; (b) administered by a person authorized under Colorado Revised Statutes (CRS) 24-12-103 to administer oaths or affirmation (of which a Colorado Notary Public is one); (c) requires an oath or affirmation for public office to be taken, signed, administered and filed before the person enters the public office or position; and (d) provides where certain individuals shall file such oaths or affirmations for public office.

2. Provides that when a person is required to take an oath or affirmation for a purpose other than serving in a public office as addressed in CRS 24-12-101, the person shall take or subscribe the oath or affirmation in the manner specified in the particular law that imposes the requirement.

3. Amends statutory language to clarify that certain individuals, including Notaries Public and officers in the armed forces empowered to perform notarial acts, are authorized to administer oaths or affirmations.
 
DISTRICT OF COLUMBIA - DC ACT 22-471
Effective 12.04.2018
View this bill

Enacts the Revised Uniform Law on Notarial Acts (“RULONA” or “the Act”).  Defines key terms. Authorizes notarial acts to be performed on “tangible” (paper) or electronic “records” (documents). Addresses requirements for performing notarial acts; a Notary Public’s official seal and “notarial sealer”; endorsement as an electronic Notary; prohibited acts; qualifications and commissioning; mandatory training; and more. Repeals the Uniform Law on Notarial Acts of 1991; enacts other related conforming amendments and repeals (see bill Sections 33 and 34). 

1. Defined terms include:
 a. “Notarial officer” or “officer” – a Notary Public OR other individual authorized to perform a notarial act. (“Officer” does not pertain to officers mentioned in the Act’s definitions for representative capacity and notarial act.)
 b. “Notary Public” – an individual commissioned by the Mayor of the District of Columbia to perform notarial acts in the District; or commissioned by a commissioning authority of the federal government, a state, or a federally recognized Indian tribe.
 c. “Electronic Notary” – an individual who, under Section 20(i) of the Act, has received an endorsement form the District of Columbia Mayor to perform a notarial act with respect to electronic records.
 d. “Record” - information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form (i.e., “record” means a paper or electronic document).
 e. “Signature” - a tangible symbol (for example, a wet-ink scrawl) or an electronic signature that evidences the signing of a record.
   f. “Electronic signature” – an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.
 g. “Sign” – To execute or adopt a tangible symbol; or to attach to or logically associate with the record an electronic symbol, sound, or process; and to do so with present intent to authenticate or adopt a record.
 h. “Notarial act” – an act, whether performed with respect to a tangible (i.e., paper) or electronic record, that a notarial officer of the District is authorized by law to perform. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, noting a protest of a negotiable instrument, taking and certifying the acknowledgment or proof of powers of attorney, mortgages, deeds, other instruments of writing, and taking affidavits to be used before any court, judge, or officer within the District.
  i. “Official seal” – a physical image affixed to or embossed on a tangible record, or an electronic image securely attached directly to or logically associated with an electronic record.
 j. “Notarial sealer” - A physical device capable of affixing to or embossing on a tangible record an official seal; an electronic device or process capable of attaching to or logically associating with an electronic record an official seal; or a stamping device.

2. The RULONA specifies requirements for the performance of authorized notarial acts.
a. Personal appearance required – If a notarial act relates to a statement made in or a signature executed upon a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.
b. Requirements for specific acts:
   i. When taking an acknowledgment, the notarial officer shall determine, from personal knowledge or satisfactory evidence of identity, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the individual’s signature.
   ii. When taking a verification of a statement upon oath or affirmation, the notarial officer shall determine, from personal knowledge or satisfactory evidence, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the individual’s signature.
   iii. When witnessing or attesting a signature, the notarial officer shall determine, from personal knowledge or satisfactory evidence of identity, that the individual appearing before the officer and signing the record has the identity claimed.
   iv. When certifying or attesting a copy of a record or an item that was copied, the notarial officer shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item.
   v. When making or noting a protest of a negotiable instrument, a notarial officer shall determine the matters set forth in D.C. Official Code Section 28:3-505(b).
c. Identification of individual:
   i. A notarial officer has personal knowledge of the identity of an individual if the individual is personally known through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.
   ii. A notarial officer has satisfactory evidence of the identity of an individual if the officer can identify the individual by means of:
    • Current government-issued identification that is a passport, driver's license, or government-issued nondriver identification card; or
    • Another form of government identification issued to an individual, which contains the signature or a photograph of the individual and is satisfactory to the officer; or
    • A verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify based on a current passport, driver's license, or government-issued nondriver identification card.
   iii. A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.
d. Certificate of a notarial act:
   i. A notarial act must be evidenced by a certificate, which must be executed contemporaneously with (at the same time as) performance of the notarial act; it must be dated; it must identify the jurisdiction (venue) in which the notarial act is performed; it must contain the notarial officer’s title of office; and if the notarial officer is a Notary Public, the certificate must be signed by the Notary Public in the same manner as on file with the Mayor and indicate the date of expiration, if any, of the Notary’s commission.
   ii. For notarial acts performed on a tangible record, a notarial certificate must be part of, or securely attached directly to, the record. For notarial acts performed on an electronic record, the certificate must be affixed to, or logically associated with, the electronic record and must conform to any standards or process provided in rules issued by the Mayor for attaching, affixing or logically associating the certificate.
   iii. When notarizing a tangible record, a Notary Public must affix or emboss his or her official seal on the notarial certificate. Other notarial officers may choose whether to affix or emboss an official seal on the notarial certificate of a tangible record, if the certificate is dated, identifies the jurisdiction (venue) where the notarial act is performed, and contains the other notarial officers’ title of office.
   iv. When notarizing an electronic record, an electronic Notary Public must attach or logically associate his or her official seal to the notarial certificate.
   v. A certificate of a notarial act is sufficient if it meets the requirements set forth in Section 15 of the RULONA and it is in a short form provided by RULONA’s Section 16 or: in a form otherwise permitted by District law; in a form permitted by the applicable law of the jurisdiction where the notarial act was performed; or sets forth the actions of the notarial officer and such actions sufficiently meet the requirements of the RULONA or other law of the District.
   vi. By executing a notarial certificate, a notarial officer of the District certifies that he or she has complied with the requirements of, and made the determinations specified in, the RULONA.
   vii. A notarial officer may not affix his or her signature to, or logically associate it with, a certificate until the notarial act has been performed.

The RULONA provides notarial certificate short forms for an acknowledgment (individual and representative capacity); verification on oath or affirmation; witnessing or attesting a signature; and certifying a copy of a record.

3. A District of Columbia notarial officer may refuse to perform a notarial act if:
a. The notarial officer is not satisfied that the individual executing the record is competent or has the capacity to execute the record; or
b. The notarial officer is not satisfied that the individual’s signature is knowingly and voluntarily made.

A notarial officer cannot refuse to perform a notarial act if refusal is prohibited by any other Maine law.

4. The official seal of a District of Columbia Notary Public must:
a. Include the Notary Public’s name exactly as stated on the commission; the words “District of Columbia”; the commission expiration date; and other information required by the Mayor of the District (this includes the words “Notary Public” as required by current administrative rules); and
b. Be capable of being copied together with the record to which it is affixed or attached, or with which it is logically associated.
 
The Mayor must issue rules regarding the size and form of the seal.

A District of Columbia Notary Public shall be responsible for the security of his or her notarial sealer (the tool used to create the official seal; see definitions), and shall not allow another individual to use the notarial sealer to perform a notarial act.
 
If a Notary Public’s official sealer or signature is lost, stolen, damaged or otherwise incapable of affixing a legible image, the Notary or the Notary’s personal representative or guardian must promptly notify the Mayor.

5. Under the RULONA, a District of Columbia Notary Public must maintain a journal, in which a Notary Public and Electronic Notary Public shall record all notarial acts performed on tangible or electronic records.
a. A journal may be created on a tangible medium or electronic format. A journal on a tangible medium must be a permanent bound register with numbered pages. An electronic journal must be in a tamper-evident electronic format that complies with rules of the Mayor.
b. A Notary Public may maintain a separate journal for tangible records and for electronic records.  
c. A journal entry (in either a tangible or electronic journal) must be made contemporaneously with performance of the notarial act, and must contain:
    i. The date and time of the notarial act;
    ii. A description of the record, if any, and type of notarial act;
    iii. The full name and address of each individual for whom the notarial act is performed;
    iv. How the individual was identified by the Notary – if by personal knowledge, a statement to that effect; or if based on satisfactory evidence, a brief description of the method of satisfactory identification (identification credential or credible witness) and for any identification credential presented, the type of credential and its date of issuance and expiration;
    v. The fee, if any, charged by the Notary Public; and
    vi. The signature of each individual for whom a notarial act was performed.
d. A Notary Public shall retain the journal until action is required resulting from:
    i. Commission resignation, revocation or suspension – the Notary must transmit the journal to the Mayor.
    ii. A current or former Notary’s death or adjudication of incompetency – the Notary’s personal representative or guardian or any other person knowingly in possession of the journal must transmit it to the Mayor.
e. A Notary Public must promptly notify the Mayor upon discovering that his or her journal is lost or stolen.

6. RULONA’s Notary Public commission qualifications and appointment provisions are as follows.
a. To qualify for a commission as a District of Columbia Notary Public, an applicant must:
   i. Be at least eighteen (18) years of age;
   ii. Be a citizen or permanent legal resident of the United States;
   iii. Be a resident of or have a place of employment or practice in the District;
   iv. Not be disqualified for a commission for reasons under RULONA’s grounds to deny, refuse to renew, revoke, suspend or impose a condition on a Notary Public’s commission;
   v. Meet any other qualifications prescribed in rules of the Mayor.
b. Notary Public applicants, prior to receiving a commission, must:
   i. Take the oath prescribed for civil officers in the District;
   ii. Complete a training class provided by the Mayor;
   iii. File the Notary’s signature and deposit an impression of the Notary’s official seal with the Mayor; and
   iv. Indicate (on a form provided by the Mayor) the language or languages in which the applicant intends to perform notarial act. (The applicant must be able to read and write in the language of any record on which the applicant will perform a notarial act.)
c. In addition, applicants who are not exempt (due to being commissioned on behalf of the District of Columbia government) must submit to the Mayor a $2000 assurance in the form of a surety bond or its functional equivalent. (A different amount may be prescribed by rules of the Mayor.) The surety or other entity providing the assurance must be licensed or authorized to do business in the District; must give 30 days’ notice to the Mayor before canceling the assurance; must notify the Mayor no later than 30 days after paying a claimant under the assurance. A District of Columbia Notary Public may perform notarial acts only during the period that a valid assurance is on file with the Mayor. 
d. A District of Columbia Notary Public’s commission term is five years. It authorizes the Notary Public to perform notarial acts only within the District. The commission does not provide the Notary Public any immunity or benefit conferred by District law on public officials or employees.

In addition, the Mayor must issue rules setting an application fee of not less than $75.  No application fee shall apply for a Notary Public “in the service of” the federal government or the District of Columbia and whose notarial duties are limited solely to official government business.  RULONA also provides numerous grounds for the Mayor to deny, refuse to renew, revoke, suspend or condition commissioning of a Notary Public.

7. A commissioned, District of Columbia Notary Public wishing to notarize electronically must first apply to the Mayor for an endorsement as an electronic Notary. 
a. The endorsement applicant must comply with rules of the Mayor regarding obtaining the endorsement, and pay an application fee.  A Notary Public may not notarize electronically unless he or she has received the electronic Notary endorsement from the Mayor.
b. An Electronic Notary Public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records, and cannot be required to perform an electronic notarial act with a technology the Electronic Notary Public has not selected.
c. Prior to performing his or her initial electronic notarial act, an Electronic Notary Public must complete a training course provided by the Mayor, take the oath prescribed for civil officers in the District of Columbia, identify the tamper-evident technologies the Electronic Notary Public intends to use, and file an exemplar of his or her electronic signature and Electronic Notary Public official seal.
d. If the Mayor has issued rules establishing standards for approval of tamper-evident technologies, any technology chosen by the Electronic Notary Public must conform to those standards and the Mayor will approve its use.

8. RULONA sets forth prohibited acts of a Notary Public
a. A District of Columbia Notary Public commission does not authorize an individual to:
   i. Assist persons in drafting legal records, give legal advice, or otherwise practice law;
   ii. Act as an immigration consultant or an expert on immigration matters;
   iii. Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or
   iv. Receive compensation for performing any of the activities listed above.
b. A District of Columbia Notary Public shall not:
   i. Engage in false or deceptive advertising.
   ii. Use the term “notario” or “notario publico” unless the Notary Public is also an attorney licensed to practice law in the District.
   iii. Advertise or represent, unless also an attorney licensed to practice law in the District, that the Notary Public may assist persons in drafting legal records, give legal advice, or otherwise practice law. If a Notary Public who is not an attorney licensed to  practice law in the District in any manner advertises or represents that the Notary Public offers notarial services, whether orally or in a record, including broadcast media, print media, and the Internet, the Notary Public shall include the following statement, or an alternate statement pursuant to rules issued by the Mayor, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in the District. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities." If the form of advertisement or representation is not broadcast media, print media, or the Internet and does not permit inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.  
   iv. Withhold access to or possession of an original record provided by a person seeking performance of a notarial act, except as otherwise allowed by law.
   v. Charge a higher fee than permitted in rules of the Mayor of the District.

9. RULONA provides for the District’s recognition of notarial acts performed by: officers of another state; officers of a federally-recognized American Indian tribe; and officers authorized under federal law to perform a notarial act.  It also provides for recognition of notarial acts performed under the authority and in the jurisdiction of a foreign state or its constituent unit; or under the authority of a multinational or international governmental organization. 

10. The Mayor must issue rules to implement the provisions of the RULONA.  Rules regarding notarial acts performed on electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification (i.e., they must be technology-neutral).

11. Additional provisions of DC ACT 22-471 include:
a. A Notary Public may charge fees for performing notarial acts; such fees shall be established by rule of the Mayor. 
   i. A Notary Public in the service of the federal government or District of Columbia, whose notarial duties are confined solely to official government business, may not collect a fee for notarial acts.  Nor may a notarial officer, other than a Notary Public, collect a fee for performing a notarial act.
   ii. A Notary Public may waive a fee for performing a notarial act or charge less than the scheduled fee.
   iii. A Notary Public may charge a travel fee not to exceed the actual and reasonable expense of traveling to a place where a notarial act shall be performed, if the place is not the usual place the Notary Public performs notarial acts. Traveling expenses must be agreed-to by the person being charged and must be in writing, itemized, and separate from any fee for the notarial act.
b. An individual who is physically unable to sign a record may direct another individual who is not the notarial officer to sign the physically-unable individual’s name on the record. The notarial officer must insert “Signature affixed by (name of other individual) at the direction of (name of individual),” or words of similar import.
c. The Mayor of the District must maintain an electronic database of Notaries Public commissioned in the District.  The database must be accessible to the public, available at no cost, and note whether a Notary Public has been granted an Electronic Notary endorsement.
d. Applicability of the RULONA – The Act—except for Section 20(i) and Section 21 (dealing with endorsement as electronic Notary and selection of technology); and Section 22(b) (courses of study established by the Mayor)—shall apply to notarial acts performed on or after the Act’s effective date.  The Act’s three sections noted immediately above shall apply to notarial acts performed on or after those sections go into effect.  Notary Public commissions in effect upon RULONA’s effective date shall continue until their date of expiration.  A Notary Public who applies to renew his or her commission on or after the effective date of the RULONA is subject to and shall comply with the Act. A Notary Public, in performing notarial acts after the effective date of the Act, shall comply with the Act
.
 

DELAWARE - HB 47
Effective 01.01.2018
View this bill

Removes the requirement of notarization for the affidavit of a voter requesting an absentee ballot.

 
HAWAII - SB 3002
Effective 07.01.2018
View this bill

 
Summary: Authorizes the state librarian to designate one or more public library employees to become a Notary Public, thus expanding public access to frequently requested notarial services, particularly in rural areas of the state.

 1. Designees must qualify for and receive a commission as a Hawaii government-service Notary.
 2. Once commissioned, these Notaries may administer oaths or take acknowledgments in nongovernmental matters.
 3. Fees for services performed by these Notaries must be demanded and received as governmental realizations and deposited into the library fee for enhanced services special fund, administered by the state librarian
.
 

IDAHO - HB 446
Effective dates of 7-1-18 and 10-1-18 (varies by bill section)
View this bill

House Bill 446 amends and clarifies the language implemented by HB 209 (2017), which was adopted in March of last year with most provisions subject to the delayed effective of October 1, 2018.  (Non-substantive changes are not detailed below.)

Effective 7-1-18, HB 446:
  1. Clarifies that the application for a commission (new or renewed) shall be in a form and manner prescribed by the Secretary of State, and will include an oath of office to be taken by the applicant.
  2. Clarifies that an applicant’s required $10,000 assurance must be submitted to the Secretary of State “at the time of application” instead of an undefined period of time “before issuance of commission.”
  3. Replaces statutory language that an applicant “shall not be disqualified to receive a commission” under IC Section 51-123, with language stating that the Secretary may deny a notary public application pursuant to IC Section 51-123.
  4. States that a notary public may be reappointed no earlier than 90 days prior to expiration of his or her current term.

Effective 10-1-18, HB 446:
  1. Clarifies certain requirements relating to a notary public’s official stamp.
a. The official stamp must include a serrated or milled-edge border (rectangular and circular stamp formats).
b. The stamping device for tangible (paper) records is an inked stamp, and the image of the notary’s official stamp made by an inked stamping device must meet the requirements of Section 51-117, Idaho Code.
c. The stamping device for an electronic record is an electronic device or process that provides an image of the notary’s official stamp meeting the requirements of Section 51-117, Idaho Code, and that is readily visible upon copying.

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IDAHO - HB 209
Various effective dates (see summary below)
View this bill

Enacts the Revised Uniform Law on Notarial Acts (RULONA). Unless stated otherwise, RULONA’s provisions apply to both paper (“tangible”) and electronic documents. The defined term “records,” used throughout this bill, refers to both paper and electronic documents. 

This bill has different effective dates for certain measures; see summary below.

Measures Effective 10-1-18
Notary’s Official Stamp and Stamping Device
New information elements and dimensions for the notary’s official stamp are required and are underlined below.erson knowingly in possession of the stamping device must render it unusable.
• The notary public, or the notary public’s personal representative or guardian, if applicable, must promptly notify the Secretary State of loss or theft o

• The notary’s official stamp, whether used on a tangible or electronic record, must include the notary public’s name; the words “Notary Public” and “State of Idaho”; and the notary’s commission number. Inclusion of the words “my commission expires” followed by the notary’s commission expiration date will be allowed. The official stamp may not include anything more than these items. The requirement for a serrated or milled border will be removed.
• The notary’s official stamp image may not exceed 2 ¼ inches by 1 inch if it is rectangular, or 1 ¾ inches in diameter if it is circular.
• The notary’s official stamp must be readily visible on a copied record, and be capable of being copied with the record to which it is affixed or associated.
• The notary’s required stamping device (for tangible records) is an inked stamp.
• A notary public is responsible for the security of his or her stamping device and may not allow its use by any other individual. The notary public must render the stamping device unusable upon resignation from office or commission revocation. If the notary public dies or is adjudicated incompetent, the notary public’s personal representative or guardian or other p
f the stamping device.

Effective 7-1-19
Course of Study
• The Secretary of State or an entity approved by the Secretary must regularly offer a course of study to applicants for a new Idaho notary commission
.
 
ILLINOIS - SB 265
Effective 01.01.2018
View this bill
 
Relocates the following, existing statutory provision from 5 ILCS 312/3-101 dealing with the Notary Public’s official seal, to 5 ILCS 312/6-103 dealing with the sufficiency of a notarial certificate:

“At the time of a notarial act, a notary public shall officially sign every notary certificate and affix the rubber stamp seal clearly and legibly using black ink, so that it is capable of photographic reproduction. The illegibility of any of the information required under this Section does not affect the validity of a transaction.”

Amends 5 ILCS 312/3-103 dealing with advertising by a Notary Public. 
  • Current law requires every Notary Public who is not an attorney or an accredited immigration representative, and who advertises notary services in a language other than English, to include in the advertising the following notice, in English and in the language in which the advertising appears:  I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.” 
  • Senate Bill 265 clarifies that the provisions of 5ILCS 312/3-103 also apply to advertising by electronic communications, and to other comparable written or electronic material.

Clarifies that a Notary Public shall not affix his signature to a blank form of affidavit or certificate of acknowledgment under any circumstance, by removing from 5 ILCS 312/6-104(c) the wording “and deliver that form to another person with intent that it be used as an affidavit or acknowledgment”.
 
INDIANA - HB 1303
Effective 07.01.2018
View this bill
This bill provides for the execution of electronic powers of attorney.

1. Establishes rules for the valid execution, amendment, and revocation of powers of attorney that are prepared and signed electronically. 
2. Provides how the normal presumptions that apply to a traditional (paper) power of attorney may apply to an electronic power of attorney. 
3. Requires an electronic power of attorney to be notarized.
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INDIANA - SB 505
Effective 07.01.2017; specified provisions are effective 01.01.2018
View this bill

Enacts the Uniform Real Property Electronic Recording Act (URPERA). The Act provides the legal framework for local recording offices (county clerks, recorders) to record real property documents in electronic format, by:
   • Equating electronic documents and electronic signatures to original paper documents and manual signatures, so that any requirement for originality (paper document or manual signature) is satisfied by an electronic document and signature;
   • Establishing the standards a recording office must follow and what it must do to make electronic recording effective; and
   • Establishing a board to set statewide standards and requiring it to set uniform standards to be implemented in every recording office.
*
     *Source, Uniform Law Commission, www.uniformlaws.org

Effective January 1, 2018, URPERA also authorizes a notary’s use of an electronic signature on documents that are eligible to be recorded in public land records, by providing that any requirement for a document—or a signature associated with a document—to be notarized, acknowledged, verified, witnessed or made under oath, is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. 

Under URPERA, a physical or electronic image of a stamp, impression or seal need not accompany the notary’s electronic signature.
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INDIANA - SB 539
These provisions are effective 7-1-18.
View this bill

Enacts the Revised Uniform Law on Notarial Acts (RULONA). Unless stated otherwise, RULONA’s provisions apply to both paper (“tangible”) and electronic documents. The defined term “records,” used throughout this bill, refers to both paper and electronic documents. 

Definitions
Key terms defined in SB 539 include (but are not limited to) “notarial act,” “notarial officer,” “notary public,” “official seal,” “person,” “principal,” “record,” “sign,” “signature,” and “stamping device.”

These definitions shape RULONA’s core concepts:
• A signature can be tangible (a traditional signature on paper) or made electronically to evidence the signing of a record. A signer’s electronic signature can be any symbol, sound or process that is attached to or logically associated with an electronic record, and used with intent by the signer. 
• A notary public of Indiana may perform the notarial acts authorized under RULONA on tangible or electronic documents, both defined as “records.” 
• Whether notarization occurs on a tangible or electronic record, the individual seeking a notarial act must appear personally before the notary. 
• The notary’s “official seal” is the visual image or information, conveying certain facts about the notary, that the notary places on a tangible (paper) record or in an electronic record. The “stamping device” is the tool or means that the notary uses to affix his or her official seal on a record.
• “Person” as defined means a human or entity. When a provision of RULONA pertains only to a human, the term “individual” is used instead.
• By defining “notarial act,” RULONA promotes uniformity across enacting states in the authorized acts a notary may perform. Those acts are taking acknowledgments, administering oaths or affirmations, taking verifications on oath or affirmation, witnessing or attesting signatures, certifying or attesting a copy, and noting a protest of a negotiable instrument. Indiana notaries may also perform “any additional act authorized by common law or the custom of merchants.”
• RULONA recognizes that those who may be authorized to perform a notarial act in a state not only are commissioned notaries public, but others such as judges, mayors, or clerks. Thus the term “notarial officer” refers to any individual authorized in Indiana to perform a notarial act, while “notary public” refers only to individuals commissioned by the Indiana Secretary of State.

Notable provisions of SB 539 include the following. (Consult the bill language for other provisions not discussed here.)

General
• A notary public may not notarize a record for him- or herself, or the notary’s spouse, or for any party that may directly benefit the notary or the notary’s spouse.
• Individuals who are physically unable to sign a record requiring a notarial act may direct another individual to sign the record. The notary must insert language indicating that such a signing occurred.
• The signature and title of a notarial officer (notary public or other authorized person) performing a notarial act in Indiana are prima facie evidence (accepted as correct until proven otherwise) that the signature is genuine and that the individual holds the designated title of office. A completed notarial certificate bearing a notary public’s official seal is presumptive evidence of the facts stated (“…in cases, where, by law, the notary public is authorized to certify facts.”)
• Notarial acts performed by authorized persons in other states, or under the authority of the federal government or a federally recognized Indian tribe, are recognized to have the same effect as if performed by a notarial officer of Indiana. Recognition of foreign notarial acts is also addressed.
• Prohibited acts by a notary public are stated and include unauthorized practice of law; prohibitions related to immigration matters; and taking an acknowledgment from or administering an oath to an individual the notary knows to be adjudicated mentally incompetent.
• Fees that a notary may charge will increase from $2 to $10. Notaries who intend to charge fees for their services must display (or provide), in advance of notarization, a list of the fees the notary will charge.  Notarial acts performed within the scope of the notary’s employment or that do not require recordkeeping are subject to private agreement and are not governed by statute. “Reasonable” fees for travel by the notary may be charged, but may not exceed the travel fees established by the United States General Services Administration.
• Unless such person is authorized to charge a notarial fee by other statute, a personal who is a public official or deputy or appointee of a public official may not charge for notary services in connection with any official business of that office or any other office belonging to the governmental unit in which the person serves.
• Any non-attorney notary public who advertises notarial services shall include a statutorily prescribed disclosure, translated into every language used in an advertisement.

Notarial Acts, Tangible and Electronic
• The requirements for performance of each authorized notarial act are provided.
• As noted above, personal appearance of the signer before the notary is required for notarization of a record.
• Personal knowledge of the identity of an individual seeking a notarial act is achieved if the notary personally knows the individual, or has transacted sufficient, prior business with the individual to know the individual’s identity. A notary may “authenticate” the identity of an individual through inspection of specified identity credentials that are current or expired for no more than three years, or through the verification on oath or affirmation of a credible witness who is personally known to the notary or identified by a specified identification credential. The notary may require an individual to provide additional identification information or credentials before performing a notarial act.
• A notarial act must be authenticated by a notarial certificate, which must be completed at the same time as (during) the performance of the notarial act and must include the notary’s signature and date of the notarial act. The certificate must also include the notary’s title of office; jurisdiction where the notarization was performed; notary’s commission expiration date (not applicable to notarial officers); the county of the notary’s commission (not applicable to notarial officers); and notary’s official seal. The notary’s name must be printed beneath his or her signature unless the name appears in printed form on the record, or appears as part of the notary’s seal and is legible when the record is photocopied. 
• By executing a notarial certificate, a notary public certifies that he or she has complied with the requirements of Indiana notary law for performance of the notarial act.
• A notarial certificate is sufficient if it meets the requirements specified by Indiana notary law and is in a form permitted by Indiana law; is in a form permitted by the laws of the jurisdiction in which the notarial act was performed; or it sets forth the actions of the notary public.
• An Indiana notarial officer may, after the notarization, correct any information included or omitted from a certificate that he or she executed, but changes or corrections may never be made to an official seal impression.
• A notary public may refuse to perform a notarial act unless refusal is prohibited by other law. Reasons the notary may refuse to notarize include uncertainty about the individual’s competency or uncertainty that the individual is acting knowingly and voluntarily. 
• Prohibited acts by a notary public include (but are not limited to) unauthorized practice of law; acting as an immigration consultant or providing advice on immigration maters; taking the acknowledgment of, or administering an oath to, a person the notary knows has been adjudicated mentally incompetent or who is under guardianship as described in Indiana statutes; taking an acknowledgment from any person who is blind without first reading the record to that person; and taking an acknowledgment from any person who does not understand the English language, unless the nature and effect of the record is translated into a language the person speaks or understands.

Notary’s Official Seal and Stamping Device
Provisions governing the notary’s official seal and stamping device are applicable only to notaries commissioned or recommissioned after December 31, 2017.
• The notary’s official seal, whether used on a tangible or electronic record, must include the notary public’s name exactly as commissioned; the words “Notary Public” and “State of Indiana”; the word “seal”; the words “commission number” followed by the notary public’s commission number; and the words “my commission expires” followed by the notary’s commission expiration date. This information may be accompanied by any other information chosen by the notary public.
• The notary’s official seal must be capable of being copied with the record to which it is affixed, attached or associated.
• The notary’s allowed stamping device for tangible records will continue to be an inked stamp or embossing seal.
• A notary public is responsible for the security of his or her stamping device and may not allow its use by any other individual. The notary public must render the stamping device unusable upon commission expiration, resignation or revocation. If the notary public dies or is adjudicated incompetent, the notary public’s personal representative or guardian must render the stamping device unusable.
• The notary public, or the notary public’s personal representative or guardian, if applicable, must promptly notify the Secretary State of loss or theft of the stamping device.

Notary Commission – Qualifications and Related Matters
• Applicants for an Indiana notary public commission must be at least 18 years of age; be a citizen or permanent legal resident of the United States; be a resident of or primarily employed in Indiana; not be disqualified to receive a commission under IC 33-42-13; satisfy all education requirements; and have passed the required examination.
• Applicants for an Indiana notary commission must also submit an assurance in the form of a surety bond or its functional equivalent in the amount of $25,000, obtained from an entity properly licensed in Indiana.
• The surety- issuing entity must notify the Secretary of State no later than 30 days after making payment to a claimant under the assurance.
• The term of office for an Indiana notary public remains eight years.
• Applicants seeking a notary public commission (new and renewing) must complete a course of education and an examination, both administered by the Secretary of State. A commissioned notary public must complete continuing education training every two years during his or her active commission term.
• A person may not hold more than one active Indiana notary public commission at a time.
• SB 539 specifies the notary’s notification responsibilities stemming from changes such as the notary’s personal information; name on file with the Secretary of State; conviction of certain felonies; a finding that the notary has acted deceitfully, dishonestly, or fraudulently in any disciplinary action or legal proceeding; or denial, restriction or revocation of a notary commission in another state. 
• A notary whose commission has been revoked may not reapply for a new commission until five years after the revocation. A notary public convicted of notario publico deception (defined in Section 4 of SB 539) may not reapply for a new commission.

Other Provisions
• The Secretary of State must maintain an electronic database of active notaries public. 
• SB 539 provides those disciplinary actions the Secretary of State may take against a commissioned notary public as well as recourse available to an applicant or commissioned notary public in the event of commission denial, refusal to renew, revocation, suspension or conditioning by the Secretary of State.
• The Secretary of State may adopt rules to implement the provisions of Article 42, Indiana Code (Notary Public Law). The rules may (1) prescribe the process for conditioning, denying, granting, renewing, revoking or suspending a notary public commission; (2) prescribe standards designed to ensure the trustworthiness of individuals applying for or in possession of a commission; and (3) establish processes for accepting and approving assurances.
• SB 539 repeals numerous existing sections of Indiana’s current notary statutes, effective July 1, 2018
 

KENTUCKY - HB 11
Effective 07.09.2018
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Establishes Chapter 457 of Kentucky Revised Statutes to adopt portions of the Uniform Power of Attorney Act of 2006.  Provisions related to notarization include:

   1. A POA must be signed before two disinterested witnesses, by the principal or in the principal’s conscious presence by another individual who is directed by the principal to sign
   2. A signature on a POA is presumed to be genuine if the principal acknowledges his or her signature before a notary public or other individual authorized to take acknowledgments
   3. An acknowledged POA accepted in good faith, by a person with no actual knowledge of contradicting information, may be relied upon to contain a genuine signature and to not be void, invalid, or terminated. The person accepting an acknowledged POA may also rely on the presumption that the agent is not acting without authority nor exceeding or improperly exercising his or her authority.
 

LOUISIANA - HCR 86
View this resolution

The resolution notes that the broad powers of Louisiana Notaries Public, and the rigor of the examination required to obtain a commission, results in fewer Notaries being available to serve the public in Louisiana. Further notes the benefits that businesses would derive from the availability of Notaries with powers similar to those of Notaries in other states.

The Louisiana Legislature therefore “urges and requests” the Louisiana State Law Institute to study Louisiana’s Notary Public laws and those of other states, develop recommendations for the enactment of laws to implement a limited authority Notary Public commission, and submit a written report to the Louisiana Legislature.

The written report is to be submitted to the Louisiana Legislature no later than February 1, 2019.
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LOUISIANA - HB 521
Effective 08.01.2018
View this bill

Allows a coroner to designate and appoint one deputy or assistant “per shift,” for each office location, to serve as ex officio notary public in the parish in which the appointing coroner serves. 

These ex officio notaries public:
1. May administer oaths, take acknowledgments, and attest affidavits
2. Are limited in authority to acts and instruments to which the appointing coroner or the coroner’s office is a party; and to other documents concerning any matter in which the coroner or the coroner’s office has an official interest
3. Must use the official seal of the appointing coroner when performing authorized acts
4. Must fulfil the same bond requirements as traditionally-appointed notaries public
5. Are barred from performing their authorized notarial duties for charge or other compensation
6. Are subject to suspension or termination of appointment by the appointing coroner at any time
7. Lose their ex officio notary powers when no longer employed with the appointing coroner
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LOUISIANA - SB 92
Effective 05.15.2018
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Provides that the mandatory exam for Louisiana notary commission applicants shall be given not less than twice per year, on days determined by the Secretary of State.  Prior law stated that the exam would be given twice per year and specified the exact days.
 

MAINE - LD 1865
Effective 08.01.2018
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Deletes and replaces a provision of Maine elections law specifying when a Notary Public (or other person authorized to administer oaths and affirmations) is prohibited from notarizing or certifying a petition for a people’s veto referendum or direct initiative of legislation. 

1. The new statutory language provides that a Notary Public (or other person authorized by law to administer oaths and affirmations) generally may not administer an oath or affirmation to a circulator of a petition for a people’s veto referendum or direct initiative of legislation if the Notary Public is:
a) Providing any other services, regardless of compensation, to initiate the direct initiative or people’s veto referendum;
b) Providing services other than notarial acts, regardless of compensation, to promote the direct initiative or people’s veto referendum that is the subject of the petition being circulated.
 

MARYLAND - HB 1093
Effective 10.01.2018
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Enacts the Maryland Uniform Real Property Electronic Recording Act (URPERA) and authorizes electronic notarization of real property documents that are eligible for recording in Maryland’s land records. 

Provides that:
 1. A “document” under the Act may be tangible (paper) or electronic
 2. An electronic document satisfying the requirements of URPERA also satisfies any other law requiring that a document must be an original, in writing, or on paper or other tangible medium to be eligible for recording
 3. Any other law requiring that a document must be signed in order to be recorded is satisfied by an electronic signature, which is an electronic sound, symbol or process attached to or logically associated with a document by a person with intent to sign the document
 4. A notary public or any other person authorized to perform notarial acts may electronically notarize an electronic document to be filed for recording in Maryland’s land records. A notary public’s electronic signature, attached to or logically associated with an electronic document along with all other information required in the performance of a notarial act, meets any requirement that a document be notarized, acknowledged, verified, witnessed or made under oath
.

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MARYLAND - COMAR 01.02.03.03, Fees
Effective 08.13.2018
View this rule

Amends an existing rule setting forth the fees a Maryland Notary Public may charge for various notarial acts and services.

Newly adopted Section D allows a Notary Public who travels to perform a notarial act to charge and receive reimbursement for mileage, calculated at the IRS’ prevailing business travel mileage rate, plus an additional $5 travel fee.
 
MICHIGAN - HB 5811
Effective 09.30.2018
NOTE:  The required review/approval of remote electronic notarization platforms for use by Michigan Notaries Public does not begin until March 30, 2019.  A remote electronic notarization may only be performed using an approved platform.
View this bill

Enacts the Michigan Notary Public Act (referred to herein as “the Act”).  Amends existing statutory provisions dealing with applying for a notary appointment. Creates new statutes enacting remote electronic notarization in The Wolverine State. Provides requirements and procedures for performance of remote electronic notarial acts and approval of remote electronic notarization platforms (technology).

Notary Appointment and Related Matters
  1. Clarifies that an appointment application must include the handwritten signature of the applicant.
  2. Adds the applicant’s electronic mail address as information required to be included in the appointment application.
3  . Provides that the application shall include any other information required by the Secretary of State.
  4. Clarifies that the Secretary shall deposit, into the Notary education and training fund, $1.00 of each $10 application collected.
  5. Authorizes the Secretary to use the Internet Criminal History Access Tool (ICHAT), maintained by the Department of State Police, to check the criminal background of an applicant.

Remote Electronic Notarization
  1. Defines key terms pertaining to remote online notarization:
      • "Credential analysis" -- a process or service by which a third party affirms the validity of an identity document described through a review of public and proprietary data sources conducted remotely.
      • "Identity proofing" -- a process or service by which a third party provides a Notary with a reasonable means to verify the identity of an individual through a review of personal information from public or proprietary data sources conducted remotely.
      • "Remote electronic notarization platform" -- any combination of technology that enables a Notary to perform a notarial act remotely; that allows the Notary to communicate by sight and sound with the individual for whom he or she is performing the notarial act, and witnesses, if applicable, by means of audio and visual communication; and that includes features to conduct credential analysis and identity proofing.
  2. Provides that, for purposes of performing remote electronic notarizations pursuant to the Act, satisfactory evidence of identification is identity verification coupled with credential analysis, performed through an identity proofing process or service that is part of a remote electronic notarization platform approved by the Secretary of State and the Department of Technology, Management and Budget.
  3. Requires a Notary Public to indicate on the notarial certificate whether a notarial act was performed electronically or performed using a remote electronic notarization platform.  This information shall be printed, typed, stamped or otherwise imprinted, mechanically or electronically, near the Notary Public’s signature, and can be included with all other required information that typically appears on a Michigan Notary Public’s stamp.
  4. Provides that a remote notarial act performed in compliance with the requirements of the Act is presumed to satisfy any requirement of the Act that a notarial act be performed in the presence of a Notary.
  5. Authorizes a Notary Public to notarize using a remote electronic notarization platform if either:  (a) the Notary makes all applicable determinations required by Michigan law (MCL 55.285) with respect to personal knowledge or satisfactory evidence; performance of the notarial act complies with Michigan law (MCL 55.287); and the Notary Public does not violate Michigan law (MCL 55.291) in the performance of the notarial act; or  (b) the Notary Public, through use of the remote electronic notarization platform, personal knowledge, or satisfactory evidence, is able to identify the record before the Notary as the same record presented by the individual for notarization.
  6. Prohibits a Notary Public from using audio or visual means to record a notarial act performed through a remote electronic notarization platform, unless the Notary discloses to the person requesting the notarial act that such a recording will be made and how the recording will be preserved, and the person consents or previously consented to the recording. 
  7. Allows a Notary Public to refuse to notarize using a remote electronic notarization platform if the individual requesting the notarial act objects to an audio or visual recording of the act.

Remote Electronic Notarization Platforms – Approval, Minimum Standards
  1. Requires that beginning March 30, 2019, the Secretary of State and the Department of Technology, Management, and Budget (“the DTMB”) shall review remote electronic notarization platforms for use in the performance of notarial acts, and may approve platforms so reviewed.
  2. Prohibits a Notary Public from using a remote electronic notarization platform that is not approved.
  3. Prescribes the considerations and minimum standards the Secretary and the DTMB must weigh in developing criteria for approval of remote electronic notarization platforms.
  4. Provides that the Secretary and the DTMB shall approve use of an remote electronic notarization platform that is approved or certified by a government-sponsored enterprise as defined in 2 USC 622(8), if verifiable proof of such approval or certification is provided, unless use of the remote electronic notarization platform is affirmatively disallowed by the Secretary.
  5. Requires the Secretary and the DTMB, at least every 4 years, to review their standards for approving remote electronic notarization platforms and whether the number of approved platforms is sufficient.

Journal Requirement, Remote Electronic Notarizations
  1. Requires a Notary Public to maintain a journal that records every remote electronic notarial act performed.
  2. Requires a Notary Public to make such journal entries contemporaneously with (at the same time as) performance of the notarial act.
  3. Requires a Notary Public to maintain only one journal for the recording of notarial acts, which must be either a tangible, permanently bound register or in a tamper-evident, permanent electronic format.
  4. Requires a Notary Public to retain the journal for at least 10 years after the performance of the last notarial act recorded in it.

  5. Requires a (former) Notary Public who is not reappointed or whose commission is revoked to inform the Secretary of State where the journal is kept or, if directed to do so by the Secretary, to forward the journal to the Secretary or a repository designated by the Secretary.
  6. Provides the minimum, required information to be recorded in each journal entry:
     (a) the date, time, and nature of the notarial act
    (b) a description of the record, if any
    (c) the full name and address of each individual for whom the notarial act is performed
    (d) if the identity of the individual for whom the notarial act is performed is based on personal knowledge, a statement to that effect. If the identity of the individual for whom the notarial act is performed is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration for the credential
    (e) the fee charged, if any
  7. Requires a Notary’s journal entry for a remote electronic notarial act to reference, but not itself contain, any audio or visual recording of a notarial act performed using a remote electronic notarization platform.
  8. Requires a Notary Public to retain an audio or visual recording of a remote electronic notarial act for at least 10 years after the performance of the notarial act.
  9. Allows a Notary Public to designate a custodian to maintain, on his or her behalf, the journal required for remote electronic notarizations on his or her behalf.
  10. Allows a Notary Public to designate a custodian to retain, on his or her behalf, an audio or visual recording of a remote electronic notarial act. If an audio or visual recording of a remote electronic notarial act is transferred to a custodian to hold on a Notary’s behalf, the journal entry must identify the custodian with sufficient information to locate and contact that custodian.
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MICHIGAN - SB 737
Effective 09.18.2018
View this bill
 
Modernizes statutory provisions relating to execution and recording of instruments entitled to be recorded in the office of the register of deeds.

1. Amends statutory language detailing the requirements that an instrument executed after October 29, 1937 must meet in order for a register of deeds to receive it for recording, by requiring: 
a. The signature or mark of each person purporting to execute the instrument to be made in black or dark blue ink.
b. The name of the Notary Public whose signature appears on the instrument to be legibly printed, typewritten or stamped on the instrument, on the same page near the signature of the Notary Public.
c. A written English translation to be attached to the instrument if the instrument, or any part of it, is in a language other than English.
d. The instrument to contain the name and business address of the person who drafted the instrument, if the instrument is executed after January 1, 1964.
 

NEVADA - Temporary Regulations – 2018
Effective 11.08.2018 (published Dec. 14, 2018)
Please email support@asnnotary.org for a copy of these regulations.

Summary: Establishes temporary regulations in Chapter 240, Nevada Administrative Code relating to the Electronic Notarization Enabling Act (AB 413 of 2017).

Key Terms, Defined
1. “Principal” – the natural person whose signature is notarized in a traditional or electronic notarization.
2. “Electronic notarial certificate” – the portion of an electronically notarized electronic document that is completed by an El
ectronic Notary Public and that bears the Notary Public’s electronic signature, electronic seal and certification language as provided by Nevada law.
3. “Electronic notarization solution” – a set of applications, programs, hardware, software or technology designed to enable the performance of an electronic notarial act.
4. “Exclusive control” – has the same meaning as “sole control” as defined in Nevada Revised Statutes (“NRS”) 240.201(8).
5. “Identity proofing” – a process or service operating according to this chapter through which a third person or party affirms the identity of the principal through a review of personal information from public or proprietary data sources.
6. “Outside the United States” – outside the geographic boundaries of a state or commonwealth of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands and any territory or insular possession subject to the jurisdiction of the United States.
7. “Real time” – the actual span of uninterrupted, simultaneous communication during which all parts of an electronic notarial act using audio-video communication occur.
8. “Session” – one or more notarial acts performed on a single set of documents as a single event by a single Notary Public with one or more principals and any applicable witnesses.
9. “Solution provider” – a third-party vendor providing a software solution or other service enabling a Nevada Electronic Notary Public to perform his or her duties or complete an electronic notarial act.
10. “Tamper-evident” – any change to an electronic document shall display evidence of the change.
11. “Credential” – a government-issued card or other document issued as a means of identifying the principal that complies with NRS 240.1655 and that contains the photograph and signature of the principal.

Qualifications, Registration as an Electronic Notary Public
1. Establishes that upon an applicant’s meeting the qualifications for registration as an Electronic Notary Public, the Secretary of State shall update the registration to allow the Notary to perform electronic notarial acts.
2. Provides that in addition to the provisions of NRS 240.192 (dealing with applying for appointment as an Electronic Notary Public), a registration as an Electronic Notary Public must include:
  a. the Notary Public’s commission number as assigned by the Secretary of State;
  b. the name of the solution provider(s) whose platform or product the Notary Public intends to use to perform electronic notarization;
  c. a copy of the Notary Public’s electronic seal and electronic signature which is an exact representation of the signature on file with the Secretary of State; and
  d. a statement certifying that the Notary Public will comply with the provisions of Chapter 240 of the Nevada Administrative Code (the temporary regulations) and NRS Chapter 240.
3. Requires the Notary Public’s electronic signature which must be provided with the registration to be in a file format that can be read without the need for additional software and that can be compared to the exemplar of the Electronic Notary Public’s holographic (handwritten) signature on file with the Secretary of State for authentication purposes.
4. Stipulates that all requirements for Electronic Notary Public registration mandated by the temporary regulations and Chapter 240, NRS must be completed or the Secretary may deny the registration.
5. Provides that a Notary Public whose registration as an Electronic Notary Public has been approved by the Secretary of State will retain the commission number related to the Notary’s underlying commission.
6. Establishes that the effective date of registration as an Electronic Notary Public is the date all requirements have been met and confirmed by the Secretary of State and the registration is entered into the Secretary of State’s processing system.
7. Provides that cancellation of an Electronic Notary Public registration (pursuant to NRS 240.203) is effective upon receipt by the Secretary of State of the notice requesting cancellation from the electronic Notary or the electronic Notary’s executor or authorized representative, as appropriate.
8. Establishes that the fee an applicant must pay to the Secretary of State for appointment as a Notary Public or registration as an Electronic Notary Public is not refundable.
9. Provides that electronic notarization, including notarization using audio-video communication may only be performed by an Electronic Notary Public registered with and approved by the Secretary of State to perform such notarization.
10. Clarifies that a Notary providing Electronic Notary services without Secretary of State approval of registration as an Electronic Notary is subject to suspension or termination of his or her Notary commission and other penalties as prescribed by the temporary regulations and NRS Chapter 240.
11. Provides that a registration must be accompanied by the fee provided by NRS 240.192(l)(c) and must be paid by (a) credit card; (b) debit card; (c) trust account established with the Secretary of State; or (d) any other payment method utilized by the Secretary of State for the provision of online services.
12. Provides that if the payment method used to pay the registration fee is subsequently dishonored by a bank due to challenge or any other reason, the Secretary of State may immediately and without a hearing revoke the registration.

Courses of Study, Notaries Public and Online Notaries Public
1. Provides that the Secretary of State will provide an online course of study for the mandatory training of Notaries Public and Online Notaries Public.
2. Requires that those applicants applying for either appointment as a Notary Public or registration as an Electronic Notary Public, who are required to successfully complete a course of study pursuant to NRS 240.018 and/or NRS 240.1943, must include a certificate of successful course completion with their Notary Public application and Electronic Notary Public registration. The completion certificate for the course of study for Notaries Public must contain a validation stamp from the Secretary of State. For both courses, the certificates of successful course completion are valid for 90 days after issuance.
3. Provides that the course of study for the mandatory training of Electronic Notaries is an additional required course provided online by the Secretary of State. The course of study for an Electronic Notary Public registration requires a separate fee (see NRS 240.195).
4. Provides that the Secretary of State may authorize a qualified third party to provide a course of study for the mandatory training of Notaries Public and Electronic Notaries Public, subject to the terms and conditions established by the Secretary of State or a designee of the Secretary of State.
Performing Electronic Notarial Acts

General Provisions
1. Establishes that an electronic notarization, including notarization using audio-video communication, may only be performed by an Electronic Notary Public who is registered with and approved by the Secretary of State (see Qualifications, Registration above). Provides that a Notary Public performing Electronic Notary services without Secretary of State approval is subject to suspension or termination of his or her Notary commission and other penalties prescribed in Nevada’s Administrative Code and Revised Statutes.
2. Provides that nothing in the temporary regulations shall require a principal to participate in an electronic notarial act using audio-video communication; or require a Nevada Electronic Notary Public to perform an electronic notarial act using audio-video communication.
3. Requires that when performing an electronic notarial act using audio-video communication, a Nevada Electronic Notary Public must be able to:
  a. Identify the principal using multi-factor identification prescribed by Chapter 240, Nevada Administrative Code and NRS Chapter 240.
  b. Identify the document as the same document in which the principal executed the signature.
4. Mandates that the identity authentication process of an electronic notarial act using audio-video communication and any incomplete electronic notarial acts must be re-started from the beginning if any of these circumstances occur:
  a. The principal or Electronic Notary Public must exit the audio-video communication session of an (online) electronic notarial act;
  b. The audio-video communication link is broken; or
  c. The resolution or quality of the transmission becomes such that the Electronic Notary Public believes the process has been compromised and cannot be completed.
5. Requires a Nevada Electronic Notary Public to take reasonable steps to:
  a. Ensure the integrity, security and authenticity of electronic notarizations;
  b. Maintain a secure backup of the electronic journal;
  c. Maintain a secure backup of the recording, if the electronic notarial act is performed using audio-video communication; and
  d. Ensure that any audio-video communication for the purpose of an electronic notarial act using audio-video communication is secure from unauthorized access or interception.

Identifying Principals
1. Requires an Electronic Notary Public—pursuant to Chapter 240, Nevada Administrative Code and Chapter 240, NRS—to identify a principal by:
  a. The Electronic Notary Public’s personal knowledge of the principal; or
  b. The oath of a credible witness who personally knows the principal and who is personally known to the Electronic Notary Public; or
  c. Multi-factor identification in accordance with Chapter 240, Nevada Administrative Code and Chapter 240, NRS (“Electronic notarial acts using audio-video communication: Confirmation of identity [Effective July 1, 2018]”).
2. Requires credential analysis (defined in NRS 240.1997(b)) to be provided by a reputable third-party vendor or software tool that can demonstrate proven credential analysis processes. Further requires the third-party vendor or software tool to employ, at a minimum, technology specified in the temporary regulations. Such technology shall provide that a credential must pass an authenticity test, consistent with sound commercial practices specified in the temporary regulations; and that the output of the authenticity test will be provided to the Electronic Notary Public.
3. Further requires that a credential analysis procedure must enable the Electronic Notary Public to visually compare, for consistency, (a) the information and photograph on the presented credential image; and (b) the principal as viewed by the Electronic Notary Public in real-time through audio-video communication.
4. Provides that if the Electronic Notary Public cannot validate a presented credential of a principal, or match the principal’s physical features with the credential, the Electronic Notary Public shall not complete the notarial act. Further prohibits that Notary or solution provider from using (relying on) that credential to complete the notarial act using audio-video communications.
5. Requires dynamic knowledge-based authentication (“KBA,” defined in NRS 240.1825) to meet specifications stated in the temporary regulations.
6. Provides that an Electronic Notary may satisfy NRS 240.1997(l)(b)(3) (related to dynamic knowledge-based authentication) by utilizing a solution provider approved by the Secretary of State to verify the identity of the principal for whom an electronic notarial act by audio-video communication is performed. Requires the solution to meet or exceed the accuracy of identity verifications conducted through a dynamic knowledge-based authentication assessment.

Electronic Notary’s Seal; Electronic Notarial Certificate
1. Requires the electronic seal used by an Electronic Notary to include information required in NRS 240.040 and generally conform to the size and other requirements of a seal used by a traditional Notary except that:
a. Once the electronic seal, electronic signature and electronic notarial certificate are affixed and the electronic notarial act is complete, the document is rendered tamper-evident; and
b. If the electronic notarial act is performed by audio-video communication a statement must appear adjacent to the stamp or in the notarial certificate, substantially conforming to “Notarial act performed by audio-video communication.”

Electronic Journal, Records, Recording of an Online Notarial Act
1. Charges a Notary Public with responsibility for maintaining accurate and reliable notarial records.
2. Authorizes an Electronic Notary Public to use a solution provider for the storage of the electronic journal and the recording of an electronic notarial act using audio-video communication if the solution provider (a) has registered with the Secretary of State; (b) demonstrates the capability of providing the service; (c) allows the electronic Notary sole control of the electronic journal and the recording of the electronic notarial act using audio-video communication (see below), subject to the authorized access granted by the Notary; and (d) provides access to the electronic journal and the recording of the electronic notarial act using audio-video communication pursuant to the temporary regulations.
3. Prohibits an electronic journal from:
  a. Containing any personal identifying information that would not otherwise be required to be included in the journal record;
  b. Including the recording of the notarial act if the act is performed by audio-video communication; or
  c. Allowing a record to be deleted or altered in content or sequence by the electronic Notary or any other person after the journal entry is recorded (this does not preclude a solution provider from providing technical services or maintenance with respect to an electronic journal).
4. Requires the electronic journal to be:
  a. Open to lawful inspection, pursuant to NRS 240.201; and
  b. Securely backed up.

Recording of an Online Notarial Act
1. Requires the recording of an electronic notarial act pursuant to NRS 240.1995, and any personal identifying information disclosed during the performance of an electronic notarial act using audio-video communication, to be protected from unauthorized access.
2. Provides that the recording of an electronic notarial act pursuant to NRS 240.1995 is available:
  a. To the principal for whom the electronic notarial act was performed;
  b. To the Secretary of State’s Office;
  c. To law enforcement or state, federal or local agencies in the course of an enforcement action or otherwise in accordance with duties set forth by law;
  d. In response to a subpoena or court order;
  e. To the electronic Notary that performed the electronic notarial act using audio-video communications for the purposes of (a)-(d) immediately above; and
  f. To other parties in accordance with permission granted by the parties to the transaction.

Prohibited Acts
The temporary regulations provide the following prohibited acts, and clarify that they are in addition to the prohibited acts stated in NRS 240.075.
1. Prohibits an electronic Notary from (a) performing an electronic notarial act using audio-video communication while the electronic Notary is outside Nevada; (b) failing to record and/or properly store the recording of the electronic notarial act performed using audio-video communication; (c) using an invalid electronic seal or digital certificate in the performance of an electronic notarial act; (d) failing to report a change in electronic seal or digital certificate; (e) using the electronic Notary’s electronic signature and electronic seal together, or the electronic seal, [in any circumstance] except in the performance of an electronic notarial act; (f) allowing unauthorized access to the electronic Notary journal, electronic signature, digital certificate or the solution used to perform electronic notarial acts; or (g) violating any other requirement of the temporary regulations and NRS Chapter 240 pertaining to the performance of an electronic notarial act.
2. Provides that the penalties, prohibitions, liabilities, sanctions and remedies for the improper performance of electronic notarial acts are the same as provided by law for the improper performance of non-electronic notarial acts.

Solution Provider - Operational Requirements
1. Requires a solution provider to maintain a current State business license in Nevada at all times that a Nevada Electronic Notary Public is utilizing its solution.
2. Requires solution providers to register with the Secretary of State. Requires registration to be made electronically, and contain information specified in the temporary regulations. Provides that any solution provider registration information that is a description of the technology used to ensure compliance with the temporary regulations and Chapter 240, NRS is confidential, and shall not disclosed by the Secretary of State except when required by law.
3. Requires a solution provider to take reasonable steps to ensure that an Electronic Notary Public using its solution has complied with Nevada law concerning the registration, training and other requirements pertaining to Notaries Public.
4. Requires a solution provider, immediately upon material change to a solution provided that affects compliance with the requirements of Chapter 240, Nevada Revised Statues or Chapter 240, Ohio Rev. Code, to immediately notify the Secretary of State of the change as well as all Nevada Notaries Public using the solution.
5. Provides that a solution provider’s application to provide identity proofing pursuant to Section 38 of the temporary regulations may be made by a written request to the Secretary of State. Requires the application to identify the identity proofing method used by the solution provider and include sufficient evidence to demonstrate that the method meets the requirements of the temporary regulations (Section 38). Establishes that the Secretary of State may approve, reject, or request additional information on the application.

Electronic Notarization Solutions
1. Requires an electronic notarization solution to be approved by the Secretary of State prior to use.

Technology Requirements
1. Requires an electronic notarization solution to:
  a. Provide secure access to the solution by password or other secure means identifying the electronic Notary.
  b. Verify from the Secretary of State’s Notary registry, if the registry is available, each time an electronic Notary logs into the solution to ensure that the electronic Notary is in active status before performing an electronic notarization, and to prohibit the start or completion of the act if the Notary’s active status cannot be verified.
  c. Provide for the uninterrupted, continuous, simultaneous audio-video communication between the electronic Notary and principal
  d. Provide for high-quality video resolution and audio quality to ensure that the electronic Notary and the principal can see, hear and communicate with each other in real time and that will allow the electronic Notary to match the principal with the credential.
  e. Provide for a secure communication link that ensures that only the parties to the electronic notarial act and those mutually agreed upon by the parties to the transaction are part of the audio-video communication.
  f. Provide an electronic Notary journal that complies with the provisions of the temporary regulations and NRS Chapter 240 for an electronic Notary to document electronic notarial acts.
  g. Provide for the recording of the electronic notarial act in compliance with sections 45-48 of the temporary regulations in sufficient quality to ensure the verification of the electronic notarial act.
  h. Provide confirmation that the electronic document presented is the same electronic document notarized.
  i. Allow for the affixation of the notarial wording and electronic Notary seal as required by the temporary regulations and NRS Chapter 240.
  j. Allow for viewing of the electronic Notary seal and signature by a person viewing the electronic document.
  k. Provide a method of determining if the electronic document has been altered after the electronic notarial seal has been affixed and the electronic notarial act has been completed.
  l. Prevent unauthorized access to:
    i. The transmission between the electronic Notary and the principal;
    ii. The recording of the electronic notarial act by audio-video communication;
    iii. Any personal identifying information (PII) used in credential analysis and identity proofing or other part of the audio-video communication, including but not limited to
        • Methods of credential analysis and the output;
        • The credentials offered to the electronic Notary; Knowledge-based authentication questions and answers;
        • Birthdate;
        • Social security numbers;
     iv. The electronic document that is being notarized.
  m. Provide a method of generating a paper copy of the document including the notarial certificate, signature and seal and any other document associated with the execution of the notarial act.

Notary Public Application, Name as Commissioned
1. Provides requirements related to the name that an applicant uses when applying for appointment as a Notary Public.
2. Allows an applicant for a Notary Public commission to use [apply under] his or her given name; or a short or familiar form of the given name; or the first initial of the given name, followed by the person’s surname.
3. Requires that the applicant’s bond required under NRS 240.030 must be entered under the same form of the person’s name that appears on the application for appointment.
4. Provides that a Notary Public may, for his or her official signature, use his or her given name; or a short or familiar form of the given name; or the first initial of the given name, followed by the person’s surname.
Clarifies that the official signature must be consistent with the original signature on the application for appointment.

Complaints
1. Provides for a person to file a written complaint with the Secretary of State, alleging that a Notary Public has violated one or more provisions of Nevada’s Notary Public laws. Requires specified information to be included in the complaint, which must also include a copy of each document related to the reason for the complaint.
2. Provides that a person filing a complaint against a Notary must include in the complaint whether the notarial act was performed using audio-video communication.
3. Allows other information that the complaint-filer considers relevant to be included.
4. Provides for filing of a complaint in person, by facsimile machine or by mail.
5. Provides that after receiving a complaint, the Secretary of State will notify the affected Notary Public within 15 days (excluding weekend-days and legal holidays) in writing, and will include a copy of the complaint. Requires the method(s) used to send the Secretary’s notice to the Notary to be U.S. Mail or other delivery method with a tracking mechanism.
6. Stipulates the information and instructions to be included in the Secretary’s notice to the affected Notary Public.
7. Provides additional notification requirements in the event that, after receiving a response from the affected Notary, the Secretary of State determines that a hearing of the complaint is not warranted.

Additional Provisions
1. Authorizes an employer of an electronic Notary or a solution provider to access the electronic seal, electronic signature, solution or recording of the notarial act using audio-video communication for all authorized purposes and to ensure compliance with law.
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NEVADA - AB 413
Effective 06.09.217 for purposes of adopting any rules and regulations and performing any other preparatory administrative tasks.
Effective 07.01.2017 – Electronic will provisions
Effective 07.01.2018 – Electronic notary and remote notary provisions.
View this bill

Expands Nevada Revised Statutes’ existing provisions on electronic wills.  Allows a Nevada electronic notary public to electronically notarize – in-presence or remotely -- electronic wills and any documents, for all purposes in any proceeding, relating to an electronic will. Renames Nevada Revised Statutes’ existing Electronic Notary Public Authorization Act (NRS Sections 240.181 through 240.206) as the “Electronic Notarization Enabling Act.” Authorizes Nevada electronic notaries public to perform statutorily authorized notarial duties for physically-present and remotely-present principals. Provides requirements for registration as an electronic notary public. Provides responsibilities and duties of electronic notaries public.  Makes conforming amendments.
Key provisions are summarized below.

Electronic Wills
 Amends Nevada Revised Statutes’ (NRS) Chapter 132 dealing with wills and estates, by defining (not verbatim below) or establishing these key terms:
    o “Presence” – a person is deemed to be in the presence of or appearing before another person if such persons are in the same physical location or different physical locations but communicating with each other by means of audio-video communication.
    o “Audio-video communication” – communication by which a person is able to see, hear and communicate with another person in real time using electronic means.
    o  “Certified paper original” – a tangible document that contains the text of an electronic will and, if applicable, the will’s self-proving affidavit.
    o “Electronic notary public” – as redefined in Nevada’s (renamed) Electronic Notarization Enabling Act, a person registered with the Secretary of State to perform electronic notarial acts and/or remote electronic notarial acts.
    o “Qualified custodian” – a person who, in accordance with Nevada law, employs and stores electronic records of electronic wills in a system that protects the records from destruction, alteration or unauthorized access and detects any change to such records.
    o “Electronic record – a record created, generated, sent, communicated, received or stored by electronic means.
    o Electronic will – an instrument, including, without limitation, a codicil, that is executed by a person in accordance with statutory requirements and which disposes of the property of the person upon or after his or her death.
 States that an electronic will is created and maintained in an electronic record, contains the date and electronic signature of the testator and includes at least one of the following:  an authentication characteristic of the testator; the electronic signature and electronic seal of an electronic notary public, placed in the presence of the testator who placed his or her electronic signature in the presence of the notary; or the electronic signatures of two or more attesting witnesses, who placed their signatures in the presence of the testator and in whose presence the testator placed his or her electronic signature.
 Provides the requirements for an electronic will to be self-proving, which includes designation of a qualified custodian to maintain custody of the electronic record of the electronic will. Provides extensive requirements and responsibilities of a qualified custodian.
 Provides that a person is deemed to be in the presence of or appearing before another person if in the same physical location, or different physical locations but communicating with each other by means of real-time, audio-video communication. Under this new meaning of presence, the bill authorizes a Nevada electronic notary public to notarize the signature or electronic signature of a person signing an electronic will or any document relating to a will, codicil or testamentary trust, for all purposes in any proceeding relating to an electronic will.
 Provides circumstances under which a document executed electronically will be deemed to have been executed in Nevada and subject to Nevada courts’ jurisdiction:
    o The person executing the document states that he or she understands that he or she is executing, and intends to execute, the document in and pursuant to the laws of Nevada, and subject to the jurisdiction of Nevada courts;
    o The document states that the validity and effect of its execution are governed by Nevada law;
    o Any attesting witness or Nevada electronic notary public who electronically signed the document was physically located in Nevada at the time the document was executed; or
    o The will is self-proving and designates a qualified custodian who, if a natural person, was at the time of execution domiciled in Nevada; or if an entity, was at the time of execution organized under Nevada law or had its principal place of business located in Nevada.
 Requires that if any attesting witness or testator appears remotely to electronically sign a self-proving declaration or affidavit that is incorporated as part of, attached to or logically associated with the electronic will, the statutory forms of such affidavit or declaration must be modified to indicate that fact.
 Provides that, subject to the provisions of any applicable court rules, a video recording or other electronic record may be admissible as evidence of the proper execution of a trust; the intentions of a settlor; the mental state or capacity of a settlor; the authenticity of a trust; matters determined by a court to be relevant to the administration of a trust.
 Establishes that the validity of a notarial act performed by an electronic notary public must be determined by applying the laws of the jurisdiction in which the electronic notary public is commissioned or appointed.

Electronic Notarial Acts Using Audio-Video Communications (“Remote”)

General Provisions
 Adds the following definitions to Chapter 240 of Nevada Revised Statutes governing electronic notaries public:
    o “Audio-video communication” - communication by which a person is able to see, hear and communicate with another in real time using electronic means.
    o “Credential” – a tangible record evidencing the identity of a person.
    o “Credential analysis” – a process or service that complies with any rules or regulations adopted by the Secretary of State through which a third party affirms the validity of a government-issued identification credential or any data thereon through the review of data sources.
    o “Dynamic knowledge-based authentication assessment” – an identity assessment that is based on a set of questions formulated from public or private data sources for which the person taking the assessment has not previously provided an answer, and that meets any rules or regulations adopted by the Secretary of State.
    o “In the presence of” or “appear before” – being (1) in the same physical location as another person and close enough to see, hear, communicate with and exchange credentials with that person; or (2) in a different physical location from another person but able to see, hear and communicate with the person by means of audio-video communication that meets any rules or regulations adopted by the Secretary of State.
    o “Remote presentation” – the transmission of a quality image of a government-issued identification credential to an electronic notary public through communication technology for the purpose of enabling the electronic notary public to identify the person appearing before the electronic notary public and to perform a credential analysis.
 Authorizes a duly registered (see next paragraph) Nevada electronic notary public to use audio-video communication to perform, in conformance with governing statutes and any rules or regulations adopted by the Secretary of State, any of the authorized notarial duties provided in NRS 240.196. This statute is amended to add certifying a true and correct copy, and performing such other duties as prescribed by law, to the existing list of authorized duties (take an acknowledgment; execute a jurat; administer an oath/affirmation) an electronic notary public may perform.
 Requires an electronic notary public, prior to performing electronic notarial acts using audio-video communication, to register with the Secretary of State pursuant to NRS 240.192 and to identify the technology that the electronic notary public intends to use. The technology must conform to any rules or regulations adopted by the Secretary of State.
 Clarifies that registration as an electronic notary public pursuant to NRS 240.181 to 240.206 and sections 30 to 38.7, inclusive, of AB 413 does not authorize the electronic notary to perform notarial acts in another state.
 Allows a Nevada electronic notary public to perform an electronic notarial act using audio-video communication, pursuant to Nevada law and rules, for a person who is physically located:
    o In Nevada;
    o Outside of Nevada but within the United States;
    o Outside the United States if (1) the electronic notary public has no actual knowledge of the electronic notarial act being prohibited in the jurisdiction in which the person is physically located; and (2) the person placing his or her electronic signature on the electronic document confirms to the electronic notary public that the requested electronic notarial act and the electronic document: (i) are part of or pertain to a matter that is to be filed with or is currently before a court, governmental entity or other entity in the United States; (ii) relate to property located in the United States; or (iii) relate to a transaction substantially connected to the United States.
 Provides that a notarial act performed by an electronic notary public in Nevada for a person located outside of Nevada by means of audio-video communication in accordance with Chapter 240 shall not be deemed to be performed outside of Nevada.
 Provides that the validity of a Nevada electronic notary’s performance of an electronic notarial act using audio-video communication will be determined by applying the laws of Nevada.

Audio-Video Communication Technology
 Provides that, for the performance of an electronic notarial act, the audio-video communication technology used must allow the persons communicating to see and speak to each other simultaneously; the signal transmission must be in real time; and the electronic notarial act must be recorded pursuant to Section 37 of AB 413. 

Electronic Notary Public’s Duties - Notarial Acts Using Audio-Video Communication
 Requires a registered Nevada electronic notary public to be physically present in Nevada at the time of performing an electronic notarial act using audio-video communications, regardless of the physical location of the principal.
 Provides that an electronic notary public has satisfactory or documentary evidence of the principal’s identity if the electronic notary public confirms that person’s identity by:
    o Personal knowledge; or
    o Each of the following, together: 
       ⇒Remote presentation by the principal of a government-issued identification credential that contains the principals’ signature and photograph;
       ⇒ Credential analysis of the government-issued identification credential and the data thereon;
       ⇒ A dynamic knowledge-based authentication assessment
    o Any other method that complies with any rules or regulations adopted by the Secretary of State; or
    o A valid certificate that complies with any rules or regulations adopted by the Secretary of State.  (“Certificate” has the meaning ascribed to it in NRS 720.030.)
 Requires that the notarial certificate for an electronic notarial act performed using audio-video communication must include language explicitly stating that the electronic notarial act was performed in this manner.
 The electronic notary public must “arrange” for the required recording of every electronic notarial act using audio-video communication, and prior to performing any electronic notarial act using audio-video communication, inform all participating persons that the electronic notarial act will be electronically recorded.
 The recordings required to be made of electronic notarial acts using audio-video communication technology must include:
   o The means of identification used by the notary to identify the principal signing the document. If by personal knowledge, the recording must include the electronic notary public’s explanation of how he or she knows the person, and for how long. If by credible witness, the credible witness must appear before the electronic notary public and the recording must include (1) how the electronic notary public identified the credible witness (personal knowledge or satisfactory evidence); and (2) the credible witness’ explanation of how he or she knows the person for whom the electronic notarial act is being performed, and how long he or she has known the person.
 An electronic notary public must keep recordings of electronic notarial acts performed using audio-video communication for no less than 7 years, regardless whether the electronic notarial act was actually completed.

Electronic Notary Public

General
 Names NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7 of AB 413 as the “Electronic Notarization Enabling Act.” 
• Specifies that a Nevada electronic notary public is authorized to take acknowledgments, execute jurats, administer oaths and affirmations, certify true and correct copies, and perform other such duties as prescribed by law.
 Retains Nevada law’s existing definitions of the electronic notary public’s electronics signature and electronic seal (NRS 240.187 and 240.188).
 Requires the electronic notary public to send written notification, to the Secretary of State and the entity from which the electronic notary public’s electronic signature or electronic seal was obtained, within 10 days after discovering that his or her electronic signature or electronic seal has been stolen, lost, damaged or otherwise rendered incapable of affixing a legible image. 
• Requires the electronic notary public to cease performing electronic notarial acts upon learning that the technology or device used to create his or her electronic signature has been rendered ineffective or unsecure, until a new technology or device is acquired and the electronic notary public has sent an electronic notice to the Secretary of State that includes the electronic signature of the electronic notary public, pursuant to paragraph (c) of subsection 2 of NRS 240.192 (as amended by AB 413).

Electronic Notary Public’s Duties – Performance of Electronic Notarial Acts
 Clarifies that registration as an electronic notary public pursuant to NRS 240.181 to 240.206 and sections 30 to 38.7, inclusive, of AB 413 does not authorize the electronic notary to perform notarial acts in another state.
 Requires an electronic notary public, upon completion of an electronic notarial act, to use technology to render the electronic document tamper-evident.
 Allows an electronic notary public to charge the following fees:
    o Taking an acknowledgment, each signature - $25
    o Executing a jurat, each signature - $25
    o Administering an oath or affirmation (without signature) - $25
    o To recover any cost of providing a copy of an entry or a recording of an audio-video communication in an electronic journal – a “reasonable” fee
 Prohibits an electronic notary public who is an officer or employee of the State or a local government to charge a fee for an electronic notarial act that the electronic notary public performs within the scope of such employment.

Electronic Journal
 Requires an electronic notary public to keep an electronic journal of each electronic notarial act performed.  More than one electronic journal may be maintained. An electronic journal must:
    o Enable access by a password or other secure means of authentication;
    o Be capable of providing tangible or electronic copies of any entries in it.
 The information in the electronic journal entry must include all specified by subsections 1 and 5 of NRS 240.120, but does not include the electronic signatures of the person for whom the electronic notarial act was performed or any witnesses. The information in the electronic journal entry must also describe each electronic notarial act and specify whether the electronic notarial act was performed using audio-video communication.
 Requires an electronic notary public to protect his or her electronic journal and maintain sole control over it; and to provide for lawful inspection and copying of it. “Sole control” in this context means being in the direct physical custody of or safeguarded by an electronic notary public with a password or other secure means of authentication.
 Upon termination of an electronic notary public registration due to surrender, revocation or expiration, all notarial records required pursuant to NRS 240.001 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of AB 413 must, except as otherwise provided by law, be kept by the electronic notary public for a period of 7 years after registration termination.

Registration as an Electronic Notary Public
• Defines “electronic notary public” as a person registered, not appointed, with the Secretary of State to perform electronic notarial acts pursuant to NRS 240.181 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of AB 413. Makes conforming amendments to reflect registration instead of appointment for a notary public to perform electronic notarial acts. 
 Sets forth requirements for registering as an electronic notary public, which include that the individual wishing to register must be one who: 
    o Is a current notarial officer of Nevada, and has been one for not less than 4 years;
    o Complied with all applicable notarial requirements set forth in Chapter 240;
    o Complied with the prescribed registration procedure and payment of fees;
    o Submitted with his or her registration satisfactory proof of successful completion of any required course on electronic notarization; and proof of having complied with requirements pertaining to taking an oath and filing a bond as set forth in NRS 240.030 and 240.033. (A person registering as an electronic notary public will no longer be required to obtain an additional, $10,000 surety bond for purposes of notarizing electronically.) 
• Provides that, in addition to any courses of study a notary public is required to complete pursuant to NRS 240.018, the Secretary of State by rule or regulation may require a notary public registering as an electronic notary public to complete an additional course of study on electronic notarization. If such course is required, the following must successfully complete it: first-time electronic notary public registrants; electronic notaries public who are renewing their registrations; and those who have committed a violation of Chapter 240 or who have been directed by the Secretary of State to take the course of study due to suspension of their electronic notary public registration. The course must be approved by the Secretary of State, comply with any adopted regulations relating to courses of study on electronic notarization, be taken online and be no more than three hours in duration, including the time necessary for instruction and completion of an examination of the course content. The course may be provided by the Secretary of State or a vendor approved by the Secretary of State.
 Permits a notary public to register as an electronic notary public and perform under such registration without completing a course of study on electronic notarization if, at the time of registration, the course is not yet offered by the Secretary of State or a vendor approved by the Secretary of State. Such electronic notaries public must later complete the course of study and pass the course examination within 120 days after it is first offered, and complete it thereafter (see paragraph above) in accordance with statutory requirements.
 Provides that registration as an electronic notary public shall be deemed effective upon payment of the required registration fee, if the registrant has satisfied all other applicable requirements. The period of registration as an electronic notary public is coterminous with (ends at the same time as) the person’s current term of appointment as a notary public and must be renewed at the same time the person renews his or her appointment as notary public. (The initial term as an electronic notary public will no longer be set at two years.) Registration as an electronic notary public is suspended when the electronic notary public is no longer appointed as a “regular” notary public. 
 
Miscellaneous
 AB 413 deletes, by amendment, Sections 4, 5, 6, 8 and 9 of previously enacted AB 476 (reported May 2017), and addresses various provisions of these deleted sections in AB 413.
 

NEW HAMPSHIRE - HB 1247
Effective 07.14.2018
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Amends existing law by allowing two notaries (in addition to existing law’s one notary plus one other authorized person) to administer official oaths to certain state officers.
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NEW HAMPSHIRE - HB 288
Effective 01.01.2018
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Changes the statutory meaning of “under oath,” as follows (new text is boldface and underlined):

• The words "under oath'' when used in connection with a document to be filed with the court or a state agency, which does not require a notary acknowledgment or notarization under New Hampshire law, shall be satisfied by electronic signature "under the penalty of perjury'' if the document is filed with the court or state agency electronically, and if the document is accompanied by a statement under the electronic signature stating "the penalty for perjury may include a fine or imprisonment or both."
 

OHIO - SB 33
Effective 03.23.2018
Email support@asnnotary.org to view this bill.

Allows certain state highway patrol troopers to administer oaths and acknowledge criminal and juvenile court complaints, summonses, affidavits, and returns of court orders in matters related to their official duties. Such troopers must first complete an approved course of in-service training that includes training in the administration of oaths and acknowledgments.
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OHIO - HB 31
Effective 02.19.2018 
Please email support@asnnotary.org for the text of this bill.

Repeals recently enacted statutory provisions (see House Bill 49, September 2017 Law Update) that authorized online (remote) notarization in Ohio.

Repeals statutory language that was effective on September 29, 2017 and included:
• Creation of an Electronic Notary Public commission.
• Authorization for an Electronic Notary Public to use an electronic communications device, approved by the Secretary of State, to perform acknowledgments and to sign electronically in his or her official capacity.
• An expanded meaning of “acknowledged before me” to include appearing before an Electronic Notary Public through use of any electronic communications device approved by the Secretary of State.
• A prohibition against using an electronic communications device for taking a deposition.
• Provisions concerning registration and commissioning as an Electronic Notary Public, and related matters.
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OHIO - HB 49
Provisions dealing with eNotary and use of communications devices – effective 9-29-17
Email support@asnnotary.org for relevant excerpts of this bill.
Provisions of HB 49 are clarified by the administrative rules immediately following this summary.

PLEASE NOTE:  Bill provisions dealing with eNotary and use of communications devices may be modified in pending legislation and therefore are subject to change.

Authorizes Ohio notaries public, subject to registration and appointment requirements, to perform acknowledgments electronically using an approved electronic communications device which includes a web site application. 

• Provides that “acknowledged before me” means (a) that the person acknowledging appeared before the person taking the acknowledgment (the notary public), including by visually appearing through use of any electronic communications device approved by the Secretary of State; and (b) that by acknowledging, the person acknowledges executing the instrument including through use of an electronic signature from technology approved by the Secretary of State.
• Provides that an electronic communications device approved by the Secretary of State may be used by an electronic notary public to perform acknowledgments pursuant to Ohio Revised Statutes, and to sign electronically in his or her official capacity as notary public.
• Prohibits use of an electronic communications device to take a deposition.
• Requires the Secretary of State to establish standards for approving electronic communications devices.
• Requires an Ohio notary public, prior to taking acknowledgments using an electronic communications device, to electronically submit a registration form established by the Secretary of State in order to be commissioned as an electronic notary public.
• Allows the Secretary of State to charge a fee not to exceed $5 for processing of the registration form.
• Requires the registration form to include:  (1) the notary’s full legal name and official notary public name; (2) a description of the technology the notary will use to create an electronic signature in performing official acts; (3) certification of compliance with electronic notary public standards developed by the Secretary; (4) the electronic mail address of the notary public; (5) the signature of the notary public applying to use the electronic signature described in the form; (6) any decrypting instructions, codes, keys, or software that allow the registration to be read; and (7) any other information the Secretary of State may require.
• Allows the Secretary of State to deny a registration if any required information is missing or incorrect, or if the notary public indicates he or she will use technology that is not approved by the Secretary.
• Provides that an electronic notary public’s commission term will expire at the same time as his or her traditional commission, and may be renewed at the same time as the traditional commission.
• Enables an electronic notary public to use updated technology, but he or she must notify the Secretary of State electronically within 90 days of installation or use of the updated technology, and provide a brief description of the technology.
Allows certain state highway patrol troopers to administer oaths and acknowledge criminal and juvenile court complaints, summonses, affidavits, and returns of court orders in matters related to their official duties.  Such troopers must first complete an approved course of in-service training that includes training in the administration of oaths and acknowledgments.
 

TEXAS - Title 1, Part 4, Chapter 87 – Texas Administrative Code
Effective 08.19.2018
View table of prior and renumbered rule numbers
View these rules

The Secretary of State has adopted new rules addressing online notarization and the newly created Online Notary Public commission (Texas Government Code Chapter 406, Subchapter C).  

PLEASE NOTE:  Existing administrative rules have been reorganized and renumbered.  Most renumbered rules have no substantive revisions.  Specific administrative rules are cited as “1 TAC §87.[specific rule number].”  

Overview
House Bill 1217 (2017) implemented online notarization under the newly created Subchapter C of Texas Government Code, Chapter 406.  Under Subchapter C, a person already commissioned as a Texas Notary Public may apply to obtain an Online Notary Public commission, and perform online notarizations (electronic notarizations for a remotely-located principal who appears before the Notary through use of audio-video conference technology that complies with the requirements of Texas statutes and administrative rules). 

Notaries commissioned under Subchapter A, Texas Government Code, Chapter 406 may perform paper-based and electronic notarial acts for signers who are physically present. These Notaries are now defined in administrative rules as “Traditional Notaries Public.” 

Because Texas Online Notaries commissioned under Chapter 406, Subchapter C must also hold a Traditional Notary Public commission, they may perform paper-based and electronic notarial acts for physically-present signers, and may perform online, electronic notarizations for signers who are not physically present, but appearing using audio-video conference technology that complies with the requirements of Texas statutes and administrative rules.

General Provisions
1. Rule 1 TAC 87.1  - New
• The following terms are defined:
   i. “Credential” - a valid, unexpired identification card or other document issued by the federal government or any state government, as defined by §311.05 of the Government Code, that contains the photograph and signature of the principal. With respect to a deed or other instrument relating to a residential real estate transaction, credential also includes a current passport issued by a foreign country.
   ii. “Credential Analysis” - the process which complies with Subchapter H of Texas’ Notary Public administrative rules (Title 1, Texas Administrative Code, Chapter 87) by which the validity of a government-issued identification credential is affirmed by a third party through review of public and proprietary data sources.
   iii. “Digital Certificate” - a computer-based record or electronic file issued to a notary public or applicant for appointment as a notary public for the purpose of creating an official electronic signature. The digital certificate shall be kept in the exclusive control of the notary public.
   iv. “Identity Proofing” - the process which complies with Subchapter H of this chapter by which the identity of an individual is affirmed by a third party through review of public and proprietary data sources.
   v. “Online Notary Public” - an individual commissioned by the secretary of state as an online notary. An online notary has authority: (A) as a traditional notary public; and (B) to perform an online notarization as provided by Subchapter C, Chapter 406 of the Government Code and Texas Administrative Code, Title 1, Chapter 87.
   vi. “Personal appearance” or “personally appear” - (A) when performing a notarization other than an online notarization, the principal for whom the notarization is being performed physically appeared before the notary public at the time of the notarization in a manner permitting the notary public and the principal to see, hear, communicate and give identification credentials to each other; and (B) for an online notarization, the principal for whom the notarization is being performed appears by an interactive two-way audio and video communication that meets the online notarization requirements as provided by Subchapter C, Chapter 406 of the Government Code and this chapter.
   vii. “Principal” - an individual: (A) whose signature is notarized in a traditional or online notarization; or (B) taking an oath or affirmation from a notary public but not in the capacity of a witness for the online notarization.    
   viii. “Notary Public” - an individual commissioned by the secretary of state under both Subchapters A and C, Chapter 406 of the Government Code.
   ix. “Traditional Notary Public” - an individual commissioned by the secretary of state under Subchapter A, Chapter 406 of the Government Code. A traditional notary public does not have the authority to perform an online notarization unless also commissioned as an online notary public.

Commissioning Issues
Eligibility
1. Rule 1 TAC §87.10; formerly §87.2A
   • Clarifies that person is not eligible to be a Texas Notary Public (and is precluded from obtaining an Online Notary Public commission) if he or she was convicted of a crime involving moral turpitude or a felony.  Rule 1 TAC §87.10 clarifies that “moral turpitude” may include, but is not limited to, Class A and B type misdemeanors which have not been set aside, or for which no pardon or certificate of restoration of citizenship rights have been granted. The rule further clarifies that Class C type misdemeanor convictions shall not be considered in determining eligibility.
2. Rule 1 TAC §87.11 – New
   • Requires that in addition to the eligibility provisions of 1 TAC §87.10, an applicant for an Online Notary Public commission must already hold a commission as a Traditional Notary Public.
3. Rule 1 TAC §87.12; formerly §87.70
   • Provides that the Secretary of State will commission a Texas escrow officer residing in New Mexico, Oklahoma, Arkansas or Louisiana may also obtain an Online Notary Public commission upon satisfying applicable eligibility requirements.

Obtaining a Traditional Notary Public Commission
The following three rules now refer to “Traditional” Notaries Public to clarify their applicability to only those individuals commissioned under Subchapter A of Government Code Chapter 406. 
1. 1 TAC §87.2; formerly §87.1
   • This rule provides that the Secretary of State shall issue a Traditional Notary Public commission to qualified applicants.  Other rule changes are conforming or non-substantive.
2. 1 TAC §87.3; formerly §87.60
   • This rule provides that application documents may be submitted electronically on behalf of an applicant for a Traditional Notary Public commission, and further clarifies that a reference to “the bond” pertains to the Notary Public bond required under Gov’t Code §406.010.  Other rule changes are conforming or non-substantive.
3. 1 TAC §87.13; formerly §87.3 
• This rule provides that the Secretary of State shall issue a Traditional Notary Public commission to a qualified applicant.  It omits prior language concerning the consequences of an improperly completed and executed application.  Other rule changes are conforming or non-substantive.

Obtaining an Online Notary Public Commission
1. 1 TAC §87.4 - New
   • This rule requires applicants for an Online Notary Public commission to use the electronic application submission platform developed by the Secretary of State, and sets forth application information requirements, which are:
   i. The applicant’s name to be used in acting as an Online Notary Public, which must match the name on the applicant’s Traditional Notary Public commission;
   ii. The applicant’s email address;
   iii. The applicant’s digital certificate (to be used in performing online notarizations);
   iv. A copy of the applicant’s electronic seal in an acceptable file format;
   v. The applicant’s Notary Public identification number assigned by the Secretary of State;
   vi. An executed statement of officer as required by Article XVI, §1, Texas Constitution; and
vii. A statement certifying that the applicant (a) will comply with the standards relating to identity proofing and credential analysis as set forth in Title 1, Part 4, Chapter 87, Texas Administrative Code; (b) will use a third party provider who has provided the Notary with evidence of its ability to provide an electronic technology standard that utilizes Public Key Infrastructure (PKI) technology from a PKI service provider that is X.509 compliant when attaching or logically associating the notary's electronic seal and digital certificate to an electronic document; (c) will, upon request by the secretary of state, promptly provide any necessary instructions or techniques supplied by a vendor that allow the online notary public's digital certificate and seal to be read and authenticated; and (d) is at least 18 years of age, a resident of the State of Texas, and has not been convicted of a felony or a crime involving moral turpitude.
2. 1 TAC §87.14 - New
   • This rule provides that the Secretary of State shall issue an Online Notary Public commission to a qualified applicant.  An applicant is qualified if: 
   i. the applicant meets the eligibility requirements stated in §87.11 of this title (relating to Eligibility to be Commissioned as an Online Notary Public);
   ii. the applicant submits (a) a properly completed and executed application; (b) the statement of officer required by Article XVI, §1 Texas Constitution; (c) the application fee of $50 payable to the Secretary of State; and
   iii. no good cause exists for rejecting the application.

Commission Renewal, Traditional or Online Notary Public Commission
1. 1 TAC §87.15; formerly §87.7
   • This rule provides that a Notary Public seeking renewal of either a Traditional or Online Notary Public commission shall file for renewal in the same manner, and on the same forms, as if filing an original application for commission.  Clarifies that the Secretary of State, in determining eligibility for a renewal commission, will do so in accordance with Texas Government Code §406.004 and with Title 1, Texas Administrative Code, Chapter 87.  Otherwise the rule’s prior language is unchanged.

Notary Seal, Traditional and Online Notaries
1. 1 TAC §87.44; formerly §87.4
   • This rule is revised to require that the seal of a Notary Public shall remain within the exclusive control of the Notary at all times. This requirement is applicable to Traditional and Online Notaries Public. Otherwise the rule’s prior language is unchanged.
2. 1 TAC §87.63 - New
   • This rule pertains to the digital certificate and electronic seal of an Online Notary Public. 
An Online Notary Public must:
   i. Maintain at all times an electronic seal and a digital certificate that complies with Texas statutes (Government Code, Chapter 406) and administrative rules (1 Texas Administrative Code, Chapter 87); and includes the Online Notary’s electronic signature.
   ii. Replace an electronic seal or digital certificate when (a) the electronic seal or digital certificate has expired; (b) the electronic seal or digital certificate has been revoked or terminated by the device's issuing or registering authority; or (c) the electronic seal or digital certificate is for any reason no longer valid or capable of authentication.
   iii. Upon replacing an electronic seal or digital certificate, provide the following to the Secretary of State within 10 days of the replacement:
    a. the electronic technology or technologies to be used in attaching or logically associating the new electronic seal or digital certificate to an electronic document;
    b. the applicant's new digital certificate, if applicable;
    c. a copy of the applicant's new electronic seal, if applicable; and
    d. any necessary instructions or techniques supplied by the vendor that allow the notary's electronic seal or digital certificate to be read and authenticated.
3. 1 TAC §87.62; formerly §87.22
   • This rule applies to Notaries Public who are commissioned as both a Traditional and Online Notary.
   i. An individual who is commissioned as both a Traditional and Online Notary, and who qualifies under a new name, shall obtain both a new traditional seal and new electronic seal and digital certificate that contains the name, as specified on the amended commission, under which the Notary will perform all future notarial acts.

Notary Public Procedures (Traditional and Online)
1. 1 TAC §87.40 - New
   • This rule is applicable to Traditional Notaries Public performing notarizations on tangible (paper) or electronic records, as follows.
    i. Prohibits a Traditional Notary Public from performing a notarization if the principal does not personally appear before the Notary at the time of notarization (defined as physical appearance before the Notary, when the notarization is not an online notarization).
    ii. Prescribes that the methods of principal (signer) identification a Traditional Notary Public may use are personal knowledge (“personally knows” the principal); or introduction by oath of a credible witness who personally knows the principal and is either personally known to the Traditional Notary Public, or provides qualifying identification in the form of an identification credential.
    iii. Requires a Traditional Notary Public to attach a notarial certificate for all notarial acts that require one. The certificate must name the principal, the date of notarization, the state and county in which the notarization was performed, and language evidencing the type of notarial act performed. The notarial certificate must be signed and include the Notary’s seal impression.
    iv. Requires a Traditional Notary Public to keep a record of all notarial acts, in accordance with Texas Government Code §406.014, and Texas Administrative Rules.

2. 1 TAC §89.41 - New
   • This rule is applicable to Online Notaries Public performing online notarizations, as follows:
    i. Provides that an online notarization may only be performed by a Notary who is commissioned as an Online Notary Public.
    ii. Prohibits an Online Notary Public from performing an online notarization if the Notary is not physically in Texas at the time of the notarization.
    iii. Prohibits an Online Notary Public from performing an online notarization if the principal does not personally appear before the Online Notary Public (defined as appearance by an interactive two-way audio and video communication that meets the requirements of Texas Government Code Chapter 406, Subchapter C, and Title 1, Texas Administrative Code, Chapter 87)
    iv. Prescribes that the methods of principal (signer) identification an Online Notary Public may use are personal knowledge (“personally knows” the principal) or introduction by oath of a credible witness who personally knows the principal and either is personally known to the Online Notary Public or provides qualifying identification in the form of identity proofing and credential analysis that meets the minimum standards set forth in Subchapter H of Texas Administrative Code, Title 1, Chapter 87.
    v. Requires an Online Notary Public to attach an electronic notarial certificate for all notarial acts that require one.  The electronic notarial certificate must name the principal, the date of notarization, the state and county in which the notarization was performed, that the notarial act was an online notarization, and language evidencing the type of notarial act performed.  The notarial certificate must be signed by affixing the Online Notary Public’s digital certificate and include an attachment of the Notary’s electronic seal.
    vi. Provides that the liability, sanctions and remedies for the improper performance of online notarial acts are the same as described and provided by law for the improper performance of traditional notarial acts.
    vii. Requires an Online Notary Public to keep a record of all notarial acts (in accordance with Texas Government Code §406.108 and Texas Administrative Code, Title 1, Chapter 87).  Each record must include a recording of the audio-visual conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence by the principal, if the principal is not personally known to the Online Notary Public. 
    viii. Requires the recording of such audio-visual conference to include, at a minimum:  the Online Notary Public’s confirmation that the principal has successfully completed identity proofing and credential analysis; visual confirmation of the identity of the principal through visual inspection of the credential used during credential analysis; and the actual notarial act performed.
    ix. Requires, if the principal is personally known to the Online Notary Public, that the audio-visual conference recording include a statement to that effect and a recording of the actual notarial act performed.
    x. Prohibits the Online Notary Public from disclosing any access information used to affix the Notary’s digital certificate and seal except when requested by the Secretary of State, law enforcement, the courts, and with reasonable precautions, electronic document preparation and transmission vendors.
    xi. Requires Online Notaries Public to attach their digital certificate and seal to an electronic notarial certificate in a manner that is capable of independent verification, and that makes evident any subsequent change or modification to the electronic document.

Online Notarizations – Minimum Requirements
1. 1 TAC §87.70 - New
   • This rule prescribes minimum requirements for the use of identity proofing and credential analysis in the performance of an online notarization.
    i. Requires that identity proofing and credential analysis must be performed by a reputable third party who has provided evidence to the online notary public of the ability to satisfy the requirements of this Texas Administrative Rules, Title 1, Chapter 87.
    ii. Provides that identity proofing is performed through dynamic knowledge based authentication, which must meet the following requirements:
     a. Principal must answer a quiz consisting of a minimum of five questions related to the principal's personal history or identity, formulated from public and proprietary data sources;
    b. Each question must have a minimum of five possible answer choices;
    c. At least 80% of the questions must be answered correctly;
    d. All questions must be answered within two minutes;
    e. If the principal fails their first attempt, they may retake the quiz one time within 24 hours;
    f. During the retake, a minimum of 60% of the prior questions must be replaced; and
    g. If the principal fails their second attempt, they are not permitted to retry with the same online notary public for 24 hours.
   iii. Credential analysis is performed utilizing public and proprietary data sources to verify the credential presented by the principal.
   iv. Credential analysis shall, at a minimum:
    a. Use automated software processes to aid the online notary public in verifying the identity of a principal or any credible witness;
    b. Ensure that the credential passes an authenticity test, consistent with sound commercial practices that:  use appropriate technologies to confirm the integrity of visual, physical or cryptographic security features; use appropriate technologies to confirm that the credential is not fraudulent or inappropriately modified; use information held or published by the issuing source or authoritative source(s), as available, to confirm the validity of personal details and credential details; and provide output of the authenticity test to the notary public.
    c. Enable the online notary public to visually compare the following for consistency: the information and photo presented on the credential itself and the principal as viewed by the online notary public in real time through audio-visual transmission.
   v. If the principal must exit the workflow, the principal must meet the criteria outlined in Texas Administrative Code, Title 1 §87.70, and must restart the identity proofing and credential analysis from the beginning.
2. 1 TAC §87.71 - New
   • This rule prescribes minimum requirements for the audio-video conference technology used in performance of online notarial acts.  An online system providing this technology shall:
   i. Provide for continuous, synchronous audio-visual feeds;
   ii. Provide sufficient video resolution and audio clarity to enable the online notary public and the principal to see and speak to each other simultaneously through live, real time transmission;
   iii. Provide sufficient captured image resolution for credential analysis to be performed in accordance with Subchapter H of Texas Administrative Code, Title 1, Chapter 87.
   iv. Include a means of authentication that reasonably ensures only the proper parties have access to the audio-video communication;
   v. Provide some manner of ensuring that the electronic record that is presented for online notarization is the same record electronically signed by the principal;
   vi. Be capable of securely creating and storing or transmitting securely to be stored an electronic recording of the audio-video communication, keeping confidential the questions asked as part of any identity proofing quiz, and the means and methods used to generate the credential analysis output; and
   vii. Provide reasonable security measures to prevent unauthorized access to:
    a. the live transmission of the audio-video communication;
    b. a recording of the audio-video communication;
    c. the verification methods and credentials used to verify the identity of the principal; and
   d. the electronic documents presented for electronic notarization.

Notary Records
Texas Administrative Rules concerning Notary records have been expanded to clarify some provisions and add new provisions concerning records of online notarizations.
1. 1 TAC §87.50; formerly §87.40
   • This rule specifies the personal information that shall not be recorded in a Notary record book.  This rule’s provisions do not apply to the audio-video recording required to be made by an Online Notary Public performing an online notarization.
   i. A Notary Public other than a court clerk notarizing instruments for the court shall not record in the Notary’s record book:
    a. an identification number that was assigned by a governmental agency or by the United States to the principal and that is set forth on the identification card or passport presented as identification;
    b. any other number that could be used to identify the principal of the document; or
    c. a biometric identifier, including a fingerprint, voice print, and retina or iris image.
   ii. A Notary Public is not prohibited from recording a number related to the mailing address of the principal of the document or the instrument.  If a Notary Public inadvertently records any information that is prohibited from recording in the record book, he or she must redact it prior to providing either public access to the record book or copies of records.
2. 1 TAC §87.51; formerly §87.41
   • This rule establishes additional requirements for the form of record book when the records are for online notarizations.
   i. Records of an online notarization must be maintained electronically in computers or other storage devices that are capable of recording the information that is specified by Texas Government Code §406.108, which is:
   a. the date and time of the notarization;
   b. the type of notarial act;
   c. the type, the title, or a description of the electronic document or proceeding;
   d. the printed name and address of each principal involved in the transaction or proceeding;
   e. evidence of identity of each principal involved in the transaction or proceeding in the form of:
   f. a statement that the person is personally known to the online notary public;
   g. a notation of the type of identification document provided to the online notary public;
   h. a record of the identity verification made under Section 406.110, if applicable; or
   i. the following:
   j. the printed name and address of each credible witness swearing to or affirming the person's identity; and
   k. for each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public;
   l. a recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence; and
   m. the fee, if any, charged for the notarization.
  ii. The record must include a recording of any audio-video conference that is the basis for identifying the principal. An Online Notary Public may contract with a third party to provide storage of these records if the third party:
    a. has provided reasonable evidence to the online notary public that it is capable of providing such services; and
    b. provides complete access to the online notary public of all the notary's records for an agreed period of time, which at minimum, complies with the retention requirements in §87.54 of this title (relating to Records Retention) even if such a contract is terminated.
    c. If the contract between the online notary public and the third party is terminated, all records must be transferred to the online notary public.
3. 1 TAC §87.52; formerly §87.42
• This rule mandates additional handling procedures when an audio-visual recording of an online notarization is provided by the Notary Public in response to a public records request.
   i. If any portion of the audio-visual recording of an online notarization includes biometric information or an image of the identification card used to identify the principal, that portion of the recording is confidential and cannot be released without consent of the individual(s) whose identity is being established, unless ordered by a court of competent jurisdiction or upon request by the Secretary of State.
4. 1 TAC §87.53; formerly §87.43
   • This rule is slightly amended from its original language, and clarifies that failure of a Notary Public to promptly and adequately respond to a request for public information pursuant to Texas Administrative Rule requirements (1 TAC §87.52) may be good cause for suspension or revocation of a Notary commission or other disciplinary action against the Notary.
5. 1 TAC §87.54; formerly §87.44
   • This rule establishes different retention periods for the records of online notarizations, and the records of notarizations that are not performed online.
   i. Records of notarizations that are not performed online must be retained, in a safe and secure manner, for the longer of:  the Notary’s commission term during which the notarization was performed; or three years following the date of the notarization.
   ii. Records of notarizations performed online must be retained, in a safe and secure manner, for five years following the date of the notarization.  An Online Notary Public must also maintain a back-up of the electronic records for the same period of time, and protect the original and back-up records from unauthorized use.

Refusal of Requests for Notarial Services (Traditional and Online Notaries Public)
The Texas Administrative Rules provide the circumstances under which a Notary Public is authorized to refuse to perform a notarial act.
1. 1 TAC §87.42; formerly §87.30
   • This rule is amended to clarify that any employer (not only a “private” employer) may limit or prohibit an employee who is a Notary Public from notarizing during work hours.
2. 1 TAC §87.43 - New
   • This rule establishes the reasons, in addition to those in 1 TAC §87.42, that an Online Notary Public must refuse to perform an online notarization.
   i. An Online Notary Public shall refuse to perform an online notarization if:
    a. The Online Notary Public is unable to verify the identity of the principal using an acceptable means of identification in accordance with Subchapter H;
    b. The Online Notary Public is unable to verify the security of the two way audio visual transmission;
    c. The signature of the principal cannot be attached to the electronic document; or
    d. The digital certificate or electronic seal of the Online Notary Public cannot be attached to the electronic document in a manner that renders any subsequent change or modification to the document evident.

Rejection of Application, Revocation of Commission
1. 1 TAC §87.30; formerly §87.10
   i. This rule’s only change was a conforming amendment to update a cross-reference to another administrative rule.

Commission Maintenance and Responsibilities
1. 1 TAC §87.60; formerly §87.50
   • This rule dealing with a Notary Public’s change of address is amended for clarification.
   i. The Secretary of State sends all official notices, including notices of complaints and requests to respond to complaints, to the Notary Public at the address on file with the Secretary’s Office.
   ii. A Notary Public who removes his or her residence from Texas or no longer qualifies under the residency exceptions provided to Texas escrow officers residing in Arkansas, Louisiana, New Mexico and Oklahoma, has vacated the office of Notary Public and must surrender his or her commission to the Secretary of State.
2. 1 TAC §87.61; formerly §87.20
   • This rule dealing with qualification under a new name is amended for clarification and to add requirements applicable to Online Notaries Public.
   i. The rule clarifies that the information a Traditional Notary Public seeking qualification under a new name must submit includes a rider or endorsement of the bond on file with the Secretary of State, from the surety company or its agent or representative specifying the change of name.
   ii. The rule further clarifies that the submission for qualification under a new name must include the statutory fee equal to the sum of the fee for the issuance of a commission and the fee for filing of a bond.
   iii. An Online Notary Public seeking qualification under a new name shall check the appropriate box on the Secretary of State’s Form 2305 to update the name on both the Traditional and Online Notary commissions and shall pay the fee for issuance of two commissions and the bond.
3. 1 TAC §87.62; formerly §87.22
   • This rule dealing with issuance of an amended commission is revised to also apply to Notaries Public who are commissioned as both a Traditional and Online Notary.
i. An individual who is commissioned as both a Traditional and Online Notary, and who qualifies under a new name, shall obtain both a new traditional seal and new electronic seal and digital certificate that contains the name, as specified on the amended commission, under which the Notary will perform all future notarial acts.

Complaints, Disciplinary Actions
1. 1 TAC §87.31; formerly §87.11
   • This rule deals with good cause for the Secretary of State to take disciplinary action against any Notary Public, reject an application or revoke a Notary Public commission.  It contains various conforming amendments due to renumbering of administrative rules.  It also clarifies that the rule’s provisions are applicable to Traditional and Online Notaries Public, and adds new provisions specifying additional reasons the Secretary may act for good cause.

New reasons the Secretary of State may act for good cause are:
    i. A failure to include in the notarial certificate for an online notarization a notation that the notarization is an online notarization.
    ii. A failure to take reasonable steps to ensure that the two-way audio-visual communication used during an online notarization is secure from unauthorized interception.
    iii. A failure to safely and securely maintain notary materials.
    iv. Performing a notarial act that the notary public is not authorized to perform.
    v. Use of a digital certificate or electronic seal that has expired or is no longer valid.
    vi. A failure to report a new digital certificate or electronic seal as required by Administrative Rule §87.63 (relating to Changes to Digital Certificate and Electronic Seal for Online Notary).
    vii. Notarizing one's own signature.
    viii. A failure to pay the filing fee required by §406.007, Government Code, and §87.13 and §87.14 of this title (relating to Issuance of the Traditional Notary Public Commission by the Secretary of State and Issuance of the Online Notary Public Commission by the Secretary of State) or when such payment was made by an instrument that was dishonored when presented by the state for payment.
    ix. A failure to timely respond to a request for information from the secretary of state.
    x. A failure to maintain a current address as required by §406.019, Government Code.
2. 1 TAC §87.32; formerly §87.23
   • This rule pertains to submitting a complaint against a Notary Public. In addition to conforming amendments due to renumbering of Administrative Rules, this rule specifies that:
    i. A filed complaint shall include the name, mailing address and email address of the individual filing the complaint, and whether the Notary who is the subject of the complaint was performing an online notarization.
3. 1 TAC §87.33; formerly §87.24
   • This rule pertains to complaint procedures.  In addition to conforming amendments due to renumbering of Administrative Rules, this rule specifies that:
   i. The Secretary of State shall send a copy of a complaint, with any attachments the Secretary deems to be relevant, to the Notary Public with a request that the Notary respond to the statements in the complaint.
   ii. The Notary Public’s written response must be received by the Secretary of State within 21 days of the date of the Secretary of State’s notice of the complaint to the Notary Public.
4. 1 TAC §87.34; formerly §87.25
   • This rule pertains to disciplinary action that may be taken by the Secretary of State against a Notary Public, and is amended as follows. 
   i. The Secretary may take disciplinary action against Notaries commissioned as Traditional Notaries Public or Online Notaries Public; among the specified actions are taking action to revoke the Notary’s commission; issuing a written (formerly “official”) reprimand to the Notary; or requiring the Notary to enter into an agreement to not engage in any further misconduct; agree to voluntarily surrender the notary public commission; accept a suspension of the notary public commission for a set period of time; complete a course of study relating to the powers, duties, and responsibilities of a notary public; not seek renewal of the notary public commission for a specified period of time. The Secretary may also take other action as the Secretary deems appropriate.
   ii. The Secretary of State has discretion to pursue revocation of an Online Notary Public commission alone, or both the Traditional and Online Notary Public commission.
5. 1 TAC §87.35; formerly §87.26
   • This rule establishes the time for disciplinary action by the Secretary of State.  Its wording is not substantially changed.

Notaries Employed by a Texas State Agency (Notaries Without Bond)
1. 1 TAC §87.20; formerly §87.5
   • This rule pertains to qualification by an officer or employee of a state agency.  In addition to a conforming amendment due to renumbering of Administrative Rules, this rule provides that:
    i. An applicant who is an officer or employee of a state agency and does not provide a surety bond must complete the Traditional Notary Public application, Form 2301-NB.
2. 1 TAC §87.21; formerly §87.6
   • This rule pertains to change in employment status by an officer of employee of a state agency who has qualified without a surety bond – a “Notary Without Bond.”  The rule is only renumbered, with no content changes.
3. 1 TAC §87.22 – New
• This rule creates new, special requirements for Notaries Without Bond.
    i. A Notary Public commissioned without a bond shall obtain a seal which complies with the requirements of §406.013, Government Code and Texas Administrative Code, Title 1, §87.44 (relating to Notary Seal). The seal must contain an additional line reading "Notary without Bond.”
    ii. A state employee is not prohibited from purchasing a notary bond at personal expense, but an individual commissioned as a Notary Public without bond shall notarize only documents pursuant to their official state duties.
    iii. State agencies shall require Notaries Without Bond to attend a notary training class, either provided internally or externally.
    iv. Notaries Without Bond who notarize documents outside of their official state duties or who fail to use the "Notary without Bond" seal are subject to disciplinary action by their respective agencies.  Such action may constitute good cause under Texas Administrative Code, Title 1, §87.31.

--------------------------------

TEXAS - HB 1217
Effective July 1, 2018
View this bill

With enactment of House Bill 1217 by the Texas Legislature, Texas becomes only the third state to authorize remote notarization, referred to in the bill as “online” notarization.

General Provisions
• Implements online notarization in Texas by creating “Subchapter C, Online Notary Public” in Chapter 406, Government Code. Sections of this new subchapter are 406.101 through 406.113. This new subchapter is applicable only to an online notarization. 
• Provides that the new Subchapter C of Chapter 406, Government Code, controls with respect to an online notarization, should any conflict occur with provisions of Chapter 121, Civil Practices and Remedies Code (Acknowledgments and Proofs of Written Instruments).
• For purposes of an acknowledgment described in Section 121.006, Civil Practices and Remedies Code, HB 1217 provides that “personally appear” can mean appearance of a principal before a Texas (online) notary public by interactive, two-way audio and video communication that meets the requirements stated in Subchapter C, Chapter 406, Government Code, and administrative rules.
• Requires that acknowledgment certificate forms provided in Chapter 121, Civil Practices and Remedies Code must include a space for an online notarization, for purposes of indicating how the acknowledging person appeared before the notary. 

Definitions
Key definitions include (but are not limited to):
• “Credential analysis” – a process or service operating according to criteria approved by the Secretary of State, through which a third person affirms the validity of a government-issued credential through review of public and proprietary data sources.
• “Electronic notarial certificate” – the portion of a notarized electronic document that is completed by an online notary public and contains the online notary public’s electronic signature, electronic seal, title and commission expiration date; other required information concerning the date and place of the online notarization; and the facts attested to or certified to by the online notary public in the particular notarization.
• “Electronic seal” – information within a notarized electronic document that confirms the online notary public’s name, jurisdiction, identifying number, and commission expiration date and generally corresponds to information in notary seals used on paper documents.
• “Identity proofing” – a process or service operating according to criteria approved by the Secretary of State through which a third person affirms the identity of an individual through review of personal information from public and proprietary data sources.
• “Notarial act” – performance by an online notary public of a function authorized under Texas Government Code, Section 406.016.
• “Online notarization” – a notarial act performed by means of two-way video and audio conference technology that meets the standards adopted by the Secretary of State.
• “Remote presentation” – transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to identify the individual seeking the online notary public’s services; and perform credential analysis.

Online Notary Public
• Qualifications to be commissioned as a Texas online notary public include:  satisfaction of the qualification requirements for appointment as a traditional Texas notary; paying the application fee if one is established by the Secretary; and electronically submitting to the Secretary of State an application on a form prescribed by the Secretary. The application must satisfy the Secretary of State that the applicant is qualified.
• A Texas online notary public is a notary public for purposes of Subchapter A of Chapter 406, Government Code, and is subject to that Subchapter’s provisions to the same extent as a traditional (paper) notary commissioned under that Subchapter. 
• A Texas online notary public may perform physical-presence notarial acts in the traditional manner and following the requirements of Chapter 406, Subchapter A, Government Code, and may perform online notarizations pursuant to the additional provisions of newly enacted Subchapter C.
• An online notary public has authority to perform, in an online notarization, any notarial duties authorized under Section 406.016, Government Code.
• An online notary public may perform an online notarization that complies with the requirements of Texas statutes and administrative rules regardless whether the principal is physically located in Texas at the time of the online notarization. The online notary public must be physically located in Texas.
• The identity verification process for online notarizations is prescribed under Section 406.110 and specifies personal knowledge of the signer; or identification verification based on remote presentation and credential analysis and identity proofing, together.
• An online notary public must take reasonable steps to ensure that any registered device used to create his or her electronic signature is current, and has not been revoked or terminated by the device’s issuing or registering authority.
• An online notary public must keep his or her electronic record (see next section), electronic signature and electronic seal secure and under his or her exclusive control. The online notary public may not allow another person to use these items.
• An online notary public may use his or her online notary electronic signature only to perform an online notarization. When performing an online notarization, an online notary public must attach his or her electronic signature and seal to the electronic document’s notarial certificate in a manner that is capable of independent verification and that renders any subsequent change or modification to the electronic document evident.
• In the event of theft or vandalism of the online notary’s electronic record, electronic signature or electronic seal, the online notary public must immediately notify an appropriate law enforcement agency and the Secretary of State of the occurrence. In the event of loss of these items or their use by another person, the online notary must immediately notify the Secretary of State.

Notarial Recordkeeping
• An online notary public must keep a secure electronic record of every online notarization. Each record must include extensive details of every online notarization. Required information to be captured in the electronic record includes traditional details such as the date and time of the notarization; the type of notarial act performed; the type, title or description of the electronic document or proceeding; the printed name and address of each principal involved in the transaction or proceeding; the printed name and address of each credible witness (if any); and the fee (if any) charged. Other required information to be captured in the electronic record is unique to the online notarization process, such as a recording of any audio and video conference that is the basis for identification of the principal(s) and of any credible witness. 

Other Provisions
• HB 1217 gives rule-making authority to the Secretary of State to implement Subchapter C, Online Notary Public, and requires the Secretary by rule to develop and maintain standards for online notarization in accordance with the Subchapter, including standards for credential analysis and identity proofing.
 
 

VIRGINIA - HB 1343
Effective 07.01.2018
View this bill

Allows an employer to require an employee notary to surrender notary fees to the employer, provided that the notarial acts for which such fees are charged are performed during the course of the notary’s employment with the employer.  This change is a reversal of current law.
 

WASHINGTON - Chapter 308, Washington Administrative Code
Effective 07.01.2018
View this rule

Washington’s Department of Licensing has adopted administrative rules to implement provisions of the Revised Uniform Law on Notarial Acts (RULONA), which was enacted in 2017 with a delayed effective date of July 1, 2018.

Cites of Washington Notary Public laws (Revised Code of Washington) appear below as “RCW [number].”  Cites of Washington Notary Public Administrative Rules (Washington Administrative Code) appear below as “WAC [number].”

Definitions
• WAC 308-30-020 - Amended
The rule provides definitions that are essential to understanding the requirements of RULONA and the new administrative rule requirements.  These words and terms have the same meaning as in the RULONA (Revised Code of Washington 42.45.010).
    i. "Appear personally"—being in the same physical location as another individual and close enough to see, hear, communicate with, and exchange tangible identification credentials with that individual.
    ii. "Commission"—equivalent to the term "license" as defined in Washington statutes (RCW 18.235.010(6)).
    iii. "Department"—the Washington State Department of Licensing.
    iv. "Director"—the director of the Department of Licensing or the director's designee.
    v. "Electronic journal"—a chronological record of notarizations maintained by a Notary Public in an electronic format in compliance with these rules.
    vi. "Electronic notarial acts"—notarizations or notarial acts with respect to electronic records.
    vii. "Electronic notarial certificate"—the part of, or attachment to, an electronic record that is completed by the Notary Public, contains the information required by Washington statutes (RCW 42.45.130) and the Notary's official stamp, bears that Notary's electronic signature, and states the facts attested to by the Notary in a notarization performed on an electronic record.
    viii. "Enroll" and "enrollment"—a process for registering a Notary Public with a technology provider to access and use a tamper-evident technology in order to perform electronic notarial acts.
    ix. "Principal"— (a) an individual whose electronic signature is notarized; or (b) an individual, other than a witness required for an electronic notarial act, taking an oath or affirmation from the Notary Public.
    x. "Sole control"—at all times being in the direct physical custody of the Notary Public or safeguarded by the Notary with a password or other secure means of authentication.
    xi. "Tamper-evident technology"—a set of applications, programs, hardware, software, or other technologies designed to enable a Notary Public to perform electronic notarial acts and to display evidence of any changes made to an electronic record.
    xii. "Technology provider"—an individual or entity that offers the services of a tamper-evident technology for electronic notarial acts.
    xiii. "Venue"—the state and county where the Notary Public is physically located while performing a notarial act.

Commissioning Issues
Application and Fees – Notary Public Commission, Electronic Records Notary Public Endorsement
• WAC 308-30-030 - Amended
    i. An applicant meeting the requirements of Washington notary laws pertaining to qualifications for a commission (RCW 42.45.200) must submit an application on the form(s) provided by the Department of Licensing.  The application must include:
   a. Evidence of a ten thousand dollar surety bond, signed by the notary public, that conforms to RCW 42.45.200(4); Payment of the prescribed fee; and
   b. A signed and notarized oath of office.
    ii. An applicant must provide both his or her legal name and commission name. The commission name must contain the applicant’s surname, and at least the initials of the applicant’s first and middle names.
    iii. An individual may apply for an Electronic Records Notary Public endorsement to his or her Notary Public commission by paying the prescribed fee and using forms provided by the Department of Licensing, but may apply only if he or she currently holds an active Notary Public commission; or is applying for a Notary Public commission and an Electronic Records Notary Public endorsement simultaneously. Within 30 days of applying for an Electronic Records Notary Public endorsement and before performing their first electronic notarial act, an individual must inform the Department of the tamper-evident technology provider with which they have enrolled.
    iv. A Notary Public must reapply with the Department for each commission term before performing notarial acts.
• WAC 308-30-040 - Amended
    i. The Department will approve an application and issue a commission or endorsement upon the applicant’s fulfillment of the requirements and qualifications for a Notary Public commission or Electronic Records Notary Public endorsement.  The Department may deny a commission or endorsement application for the applicant’s failure to comply with administrative rules or if the applicant does not meet the requirements for licensure (commission).
    ii. The Department shall hold an incomplete or invalid application for thirty calendar days to allow the applicant to cure any defects.  After the thirty days, the application will be cancelled and any application fees, forfeited.
    iii. An individual may not perform any notarial acts before receiving a Notary Public commission from the Department. A Notary Public may not perform any electronic notarial acts before receiving an Electronic Records Notary Public endorsement from the Department.
• WAC 308-30-060 - Amended
    i. Application fees are:  Notary Public commission application - $30; Electronic Records Notary Public endorsement - $15; Notary Public commission renewal - $30; Electronic Records Notary Public endorsement renewal - $15.
    ii. The fee for a duplicate certification of commission, including name change - $15.
 
Term of Commission
• WAC 308-30-050 - Amended
    i. A Washington Notary Public’s term of commission is no more than four years after the commission initiation date, but shall expire on the expiration date of the Notary Public’s surety bond (even if less than four years from commission initiation).
    ii. Unless terminated in accordance with WAC 308-30-270, an Electronic Records Notary Public endorsement is valid from the date of issuance by the Department, and continues as long as the individual’s Notary Public commission remains valid.

Official Stamp, Stamping Device
Stamp, Seal Requirements
• WAC 308-30-070 - Amended
    i. A Notary Public’s official seal or stamp used on tangible (paper) or electronic records shall conform to these requirements:
   a. The seal or stamp must include the words "Notary Public"; the words "State of Washington"; the Notary Public's name as commissioned; the Notary Public's commission expiration date; and the Notary Public's commission number.
    ii. The seal or stamp must conform to the following physical requirements:
   a. It shall be a minimum one and five-eighths inches diameter if circular, or one inch wide by one and five-eighths inches long if rectangular.
   b. Its face shall be permanently affixed.
    c. If the stamp is affixed to a tangible record, it shall be applied in permanent ink and shall be capable of being photocopied.
   iii. The seal or stamp may not contain the Washington State seal.

Procuring a Seal or Stamp; Custody; Commissions in Effect
• WAC 308-30-080 - Amended
    i. A Notary Public may procure an official seal or stamp only after receiving, from the Department of Licensing, the certificate evidencing the Notary Public’s active commission.  The Notary Public must provide a copy of this certificate to a seal or stamp vendor as a required step in procuring an official seal or stamp.
    ii. A Notary Public seal or stamp is the exclusive property of the Notary, and shall not be surrendered to an employer upon employment termination regardless whether or not the employer paid for the seal or stamp, or for the Notary’s surety bond or appointment fees.
    iii. Notaries Public with commissions in effect on July 1, 2018 may continue to use their notarial stamp or seal until that commission term’s expiration.  A Notary Public who procures an official seal or stamp after July 1, 2018 must comply with all Washington Administrative Rules relating to the stamp and seal (information in the seal, format, procurement, etc.).

Lost or Stolen Seal or Stamp; Replacement
• WAC 308-30-090 - Amended
   i. A Notary Public must notify the Department in writing within ten business days of discovering that his or her official seal or stamp is lost or stolen. The Notary may not obtain a replacement official seal or stamp until such notification to the Department has been made.
   ii. A replacement official stamp or seal must contain some variance from the original seal or stamp.
   iii. A lost or stolen official seal or stamp that is found or recovered must be destroyed if a replacement has been obtained.

Stamp Disposition Upon Commission Termination or Expiration
• WAC 308-30-270 - New
   i. A Notary Public whose commission is terminated or expired, either by the Notary or the Department, shall disable his or her official stamp by destroying, defacing, damaging, or securing the device against use.

(For rules pertaining to an Electronic Notarial Stamp, see the section on Electronic Notarization.)

Commission Responsibilities
Change of Application Information
• WAC 308-30-280 - New
   i. In the event of any change to the information submitted on a Notary Public’s applications for a commission or Electronic Records Notary Public endorsement, the Notary must report such change to the Department in writing within 15 days.

Change of Name or Address
• WAC 308-30-250 - New
   i. A Notary Public must notify the Department of Licensing when he or she has a change of name or address, using forms prescribed by the Department. 
   ii. The name change notification must be accompanied by:
    a. A bond rider amending the Notary bond
    b. The prescribed fee for a name change (the cost for the Department to issue a new certificate reflecting the name change; this fee is $15)
   iii. The Notary submitting a name change notification shall continue using his or her original official stamp or seal and original name and signature until a new commission certificate and seal or stamp reflecting the new information are received.

Notarial Act Requirements
Notary’s Geographic Location; Certifying Occurrence or Performance of an Act or Event; Providing Advice
• WAC 308-30-110 - New
   i. When performing any notarial act (tangible or electronic records), a Washington Notary Public must be physically within the geographic borders of the State of Washington.
   ii. When performing the authorized duty of certifying that an event has occurred or an act has been performed, a Notary Public and any other notarial officer shall determine, from personal knowledge or satisfactory evidence, that the occurrence or performance took place.
   iii. Electronic notarial acts must conform to the requirements of Washington administrative rules and statutes (RCW 42.45.040) on a principal’s appearance before a Notary for performance of a notarial act.

Notarial Certificate, Tangible and Electronic Records
• WAC 308-30-100 - Amended
   i. A Notary Public executing a notarial certificate must satisfy the requirements of Washington statutes (RCW 42.45.130).  In addition, Washington administrative rules (see cite above) require that a Notary Public must sign the notarial certificate for a completed notarial act using the exact name that appears on the Notary’s certificate of commission and his or her seal or stamp.

• WAC 308-30-240 - New
   i. The certificate formats provided in Washington notary statutes (RCW 42.45.140) reflect sufficient information to be included in a certificate for a completed notarial act.  When a (different) form is required by another Washington statute, a that specified certificate form must be used.
   ii. A non-attorney Notary Public may not assist another person in drafting, completing, selecting or understanding a document or transaction requiring a notarial act, except that a Notary who is duly qualified in a particular profession may give advice relating to matters in that professional field.

(For administrative rules pertaining to Electronic Notarial Certificates, see the Section on Electronic Notarization.)

Fees for Notarial Acts
Maximum Allowable Fees a Notary May Charge; Additional Fees
• WAC 308-30-220 - New
 i. A Washington Notary Public need not charge for notarial acts, but is allowed to charge the following maximum fees:
  • Witnessing or attesting a signature...................$10
  • Taking an acknowledgment or a verification upon oath or affirmation...................$10
  • Certifying or attesting a copy...................$10
  • Administering an oath or affirmation...................$10
  • Certifying that an event has occurred or an act has been performed...................$10
  ii. In addition to the fee for an authorized notarial act, a Notary Public may charge a fee for:
  a. The actual costs of copying any instrument or record.
  b. A travel fee, when traveling to perform a notarial act, but only if:
   -- The notary public and the individual requesting the notarial act agree upon the travel fee in advance of the travel; and
   -- The notary public explains to the individual requesting the notarial act that the travel fee is in addition to the allowed fee for an authorized notarial act, and is not required by law.
   iii. A Notary Public may not charge fees for receiving or noting a protest of a negotiable instrument.

Electronic Notarization
A Notary Public wishing to perform electronic notarizations must obtain an Electronic Records Notary Public endorsement from the Department of Licensing.  See section above on Commissioning Issues.

Authorized Duties, Electronic Notary Public
• WAC 308-30-120 - Amended
  i. A Notary Public who has obtained an Electronic Records Notary Public endorsement from the Department of Licensing may perform the following notarial acts, electronically:
    a. Taking an acknowledgment
    b. Taking a verification on oath or affirmation
    c. Witnessing or attesting a signature
    d. Certifying or attesting a copy
    e. Certifying that an event has occurred or an act has been performed
    f. Noting a protest of a negotiable instrument, if the notary public is:
      -- Licensed to practice law in the state of Washington;
      -- Acting under the authority of an attorney who is licensed to practice law in this or another state; or
      -- Acting under the authority of a financial institution regulated by Washington, another state, or the federal government.

Technology, Technology Provider Requirements

Electronic Notarial Certificate
• WAC 308-30-150 - Amended
i. A Notary Public (with an Electronic Records Notary Public Endorsement) must complete an electronic notarial certificate for every electronic notarial act performed.  The electronic notarial certificate must:
    a. Be completed at the time of notarization and in the physical presence of the principal.
    b. Comply with the requirements of Washington’s administrative rules and statutes.
• WAC 308-30-160 - Amended
i. A Notary Public (with an Electronic Records Notary Public endorsement) must sign each electronic notarial certificate with an electronic signature that complies with Washington administrative rules (WAC 308-30-170).   The Notary must authenticate each electronic notarial act with an official stamp (affixed to the electronic notarial certificate) that complies with Washington administrative rules (WAC 380-30-180).

Electronic Notarial Signature
• WAC 308-30-170 - Amended
   i. A Notary Public (with an Electronic Records Notary Public endorsement) must use a tamper-evident technology that complies with Washington’s administrative rules to perform electronic notarial acts.  The tamper-evident technology must produce the Notary’s electronic signature in a manner that is capable of independent verification.  “Capable of independent verification” means that any interested individual may confirm through the Department that a Notary Public who signed an electronic record in an official capacity had authority at that time to perform electronic notarial acts.
   ii. The Notary Public must:
     a. Take reasonable steps to ensure that no other individual may possess or access a tamper-evident technology used to produce the Notary’s electronic signature.
     b. Keep, in his or her sole control, all or any part of a tamper-evident technology whose exclusive purpose is to perform electronic notarial acts.

Electronic Notarial Stamp
• WAC 308-30-180 - Amended
   i. A Notary Public (with an Electronic Records Notary Public endorsement) may use an electronic stamp to authenticate an electronic notarial act if the electronic notarial certificate conforms to the requirements of Washington statutes (RCW 42.45.130 and 42.45.140).  The electronic stamp must conform to Washington’s statutory requirements for an official stamp (RCW 42.45.150) and administrative rule requirements for an official seal or stamp (WAC 308-30-070).
   ii. A Washington Notary’s electronic notarial stamp must be a digital image that appears in the likeness or representation of a traditional physical Notary Public official stamp that meets the requirements of Washington statutes (RCW 42.45.150) and administrative rules (WAC 308-30-070).
   iii. The Notary’s electronic notarial stamp shall be created using tamper-evident technology, and the technology shall not be used for any purpose other than performing electronic notarial acts pursuant to Washington’s Notary Public laws and administrative rules.
   iv. Only the Notary Public to whom the tamper-evident technology is registered shall generate an official stamp.
• WAC 308-30-270 - New
   i. A Notary Public whose commission is terminated or expired, either by the Notary or the Department, shall disable his or her official stamp by destroying, defacing, damaging, or securing the device (for example, a technology used to generate an official stamp) against use.

Refusal by Notary Public
• WAC 308-30-140 - Amended
   i. Washington statutes (RCW 42.45.060) provide authority for a Notary Public and notarial officers to refuse to perform a notarial act.  In addition to the reasons given there, a Notary Public must refuse to notarize if requested to:
    a. Use a tamper-evident technology that the Notary does not know how to operate.
    b. Perform an electronic notarial act if the Notary has a reasonable belief that a tamper-evident technology does not meet the requirements set forth in Washington’s administrative rules.

Journal
Journal Required
• WAC 308-30-190 (Amended) and 308-30-200 (New)
Washington notary law (RCW 42.45.180) requires a Notary Public to maintain only one tangible journal at a time, in which all notarial acts performed—whether performed on a tangible or electronic record—are chronicled.  The law also allows a Notary Public to keep an electronic-format journal, but only in addition to the tangible journal and it must be kept concurrently with the tangible journal.
   i. Washington administrative rules provide that:
     a. Each notarial act performed shall be recorded in the journal by the Notary Public at the time of notarization (“contemporaneously,” as required by RCW 42.45.180).
     b. Every record created must comply with the requirements of Washington statutes and administrative rules.
     c. If a Notary Public performs notarial acts involving different statements or documents for the same individual on the same date, the Notary Public may record a single entry in the journal for all the statements or documents. The entry must include the number of statements or documents notarized and otherwise conform to the requirements of Washington statutes and administrative rules.
     d. The fact that the Notary Public’s employer or contractor keeps a record of notarial acts shall not relieve the Notary of his or her duty to record notarial acts in a journal in compliance with Washington statutes and administrative rules.

Journal Format
• WAC 308-30-200 - New
   i. A Notary Public’s tangible journal must be a permanent, bound register with numbered pages, and have the capacity to record for each notarial act:
     a. The information required by RCW 42.45.180(4);
     b. A description of the notary public's method of identifying the principal; and
     c. The principal's signature, or the signature of an authorized party in compliance with RCW 42.45.070.
   ii. If a notary public keeps an electronic journal, it must be in a permanent, tamper-evident electronic format and must:
     a. Be maintained only in addition to the tangible journal.
     b. Have the capacity to record the information required for a tangible notarial journal.
     c. Enable access by a password or other secure means of authentication.
     d. Be tamper-evident.
     e. Create a duplicate record of the journal as a backup.
     f. Be capable of providing tangible or electronic copies of any entry made in the journal.

Custody, Retention, Disposition of Journal
• WAC 308-30-200 (New) and 308-30-210 (New)
In addition to the provisions of Washington law concerning security and control of the journal (RCW 42.45.180), Washington administrative rules provide that:
   i. A notary public's journal is the exclusive property of the notary public, and shall not be surrendered to an employer upon demand or termination, whether the employer paid for the journal or the notary's bond or application fees.

Washington statutes (RCW 42.45.180) require a journal (tangible and electronic) to retained for ten years after performance of the last notarial act chronicled in it.  Washington administrative rules further provide that:
   i. Ten years after the performance of the last notarial act chronicled in a tangible journal, the journal must be destroyed by shredding or other destruction that leaves any entry in the journal illegible.
   ii. Ten years after the performance of the last notarial act chronicled in an electronic journal, the journal must be destroyed by deleting any remaining records pertaining to the electronic journal and deleting any remaining tamper-evident technology in the notary's possession.
   iii. Upon the death or adjudication of incompetency of a Notary Public, the Notary’s personal representative or guardian must carry out the same statutory mandate (RCW 42.45.180(6)) to retain the journal for ten years after its last recorded notarial act and inform the Department where the journal is located.
   iv. The Notary Public, or the Notary’s personal representative, must provide access instructions to the Department for any electronic journal maintained or stored by the Notary, upon commission resignation, revocation, or expiration without renewal, or upon the death or adjudicated incompetence of the Notary.
   v. Nothing in the Department administrative rule requires a Notary to dispose of their notarial journal or journals if doing so would conflict with the law of another jurisdiction that requires a Notary to keep their journal for a longer period of time.

Prohibited Acts
In addition to the prohibited acts provided in Washington statutes (RCW 42.45.230), Washington administrative rules provide that:
   i. An individual may not perform any notarial acts before receiving a Notary Public commission from the Department.  A Notary Public may not perform any electronic notarial acts before receiving an Electronic Records Notary Public endorsement from the Department.  (WAC 308-30-060)
   ii. A Notary Public may not use an official seal or stamp that contains the Washington State seal.  (WAC 308-30-070)
   iii. A Notary Public may not obtain a replacement for a lost or stolen official seal or stamp without first notifying the Department in writing that the official seal or stamp is lost or stolen, within 10 business days of such discovery.  (WAC 308-30-090)
   iv. A Notary Public may not charge fees for receiving or noting a protest of a negotiable instrument.  (WAC 308-30-220)
   v. A Notary Public may not endorse or promote any service, contest or other offering if the Notary’s seal or title is used in the endorsement or promotional statement.  (WAC 308-30-230)
   vi. A non-attorney Notary Public may not assist another person in drafting, completing, selecting or understanding a document or transaction requiring a notarial act, except that a Notary who is duly qualified in a particular profession may give advice relating to matters in that professional field.  (WAC 308-30-240)

Action Against a Notary Public Commission; Termination or Suspension
• WAC 308-30-270 - New
This rule provides for the Department’s authority to take action against the commission and/or Electronic Records Notary Public endorsement of any Notary Public who fails to comply with Washington’s Notary Public administrative rules. 
   i. Any restriction, suspension, or revocation of a Notary Public’s commission will automatically have the same effect on any endorsement the Notary Public holds.
   ii. A Notary Public may terminate his or her commission and/or Electronic Records Notary Public endorsement by notifying the Department of this intent in writing, and disposing of all or any part of a tamper-evident technology in the Notary’s control whose purpose was to perform electronic notarizations.
   iii. A Notary Public may terminate an Electronic Records Notary Public endorsement and maintain his or her underlying notary public commission.
   iv. A Notary Public whose commission is terminated or expired, either by the Notary or the Department, shall disable his or her official stamp by destroying, defacing, damaging, or securing the device against use. The Notary shall maintain their notarial journals for ten years as required by RCW 42.45.180 and WAC 308-30-210.

Other Provisions
• WAC 308-30-260 - New
This rule provides that requests for evidence of authenticity of a Notary Public’s authority (that he or she was duly commissioned on the date of a particular notarial act) should be addressed to the Washington Office of the Secretary of State, Corporations and Charities Division.

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WASHINGTON - SB 5081
Effective 07.01.2018
Please email support@asnnotary.org for the text of this bill.

Enacts the Revised Uniform Law on Notarial Acts (RULONA).  Unless stated otherwise, RULONA’s provisions apply to both paper (“tangible”) and electronic documents. The defined term “records,” used throughout this bill, refers to both paper and electronic documents. 

Definitions
Key terms defined in SB 5081 include (but are not limited to) “notarial act,” “notarial officer,” “notary public,” “official stamp,” “stamping device,” “person,” “record,” “sign,” and “signature.”

These definitions shape RULONA’s core concepts:
• A signature can be tangible (a traditional signature on paper) or made electronically to evidence the signing of a record. A signer’s electronic signature can be any symbol, sound or process that is attached to or logically associated with an electronic record, and used with intent by the signer. A notary public’s electronic signature will be created using tamper-evident technology, and must conform to standards that shall be established by the Director of the Department of Licensing (“the Director”).
• A notary public of Washington may perform the notarial acts authorized under RULONA on tangible or electronic documents (subject to obtaining an electronic records notary commission), both defined as “records.”
• Whether notarization occurs on a tangible or electronic record, the individual seeking a notarial act must appear personally before the notary. 
• The notary’s “official stamp” is the physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record. The “stamping device” is the tool or means that the notary uses to affix his or her official stamp on a record.
• “Person” as defined means a human or entity. When a provision of RULONA pertains only to a human, the term “individual” is used instead.
• By defining “notarial act,” RULONA promotes uniformity across enacting states in the authorized acts a notary may perform. Those acts are taking acknowledgments, administering oaths or affirmations, taking verifications on oath or affirmation, witnessing or attesting signatures, certifying or attesting a copy, and noting a protest of a negotiable instrument. (SB 5081 provides limitations on performance of protests.)  Washington notaries may also certify the occurrence of an event or the performance of an act, and perform notarial acts authorized by other Washington law.
• RULONA recognizes that those who may be authorized to perform a notarial act in a state not only are commissioned notaries public, but others such as a justice, clerk, or deputy clerk of the Supreme Court. Thus the term “notarial officer” refers to any individual authorized in Washington to perform a notarial act, while “notary public” refers only to individuals appointed by the Director of the Washington Department of Licensing.

Notable provisions of SB 5081 include the following. (Consult the bill language for other provisions not discussed here.)

General
• A notarial officer may not notarize a record for him- or herself, or for the officer’s spouse or domestic partner, if any of these individuals is a party to the record to be notarized; or any have a direct beneficial interest. Notarizations performed in violation of these no-conflict provisions are voidable.
• Individuals who are physically unable to sign a record requiring a notarial act may direct another individual other than the notarial officer to sign the physically unable signer’s name on the record. The notarial officer must insert language indicating that such a signing occurred.
• The signature and title of a notarial officer performing a notarial act in Washington are prima facie evidence (accepted as correct until proven otherwise) that the signature is genuine and that the individual holds the designated title of office. 
• Notarial acts performed by authorized persons in other states, or under the authority of the federal government or a federally recognized Indian tribe (within the tribe’s jurisdiction), are recognized to have the same effect as if performed by a notarial officer of Washington. Recognition of foreign notarial acts is also addressed.
• Maximum fees for notarial services may be provided in rules established by the Director of the Department of Licensing.
• A Washington notary public who is neither an attorney nor a Washington-licensed limited license legal technician acting within the scope of his or her license may not advertise or make other representations of available notarial services unless the advertisement includes a statutorily prescribed disclosure, translated into every language used in the advertisement.
• Prohibited acts by a notary public who is not an attorney or who is not otherwise properly licensed or authorized include (but are not limited to) unauthorized practice of law; acting as an immigration consultant or providing expert advice on immigration matters; representing a person in a judicial or administrative proceeding related to immigration matters; receiving compensation for any such prohibited activities; engaging in false or deceptive advertising; and use of the terms “notario” or “notario publico.”

Notarial Acts, Tangible and Electronic
• Requirements for performance of each authorized notarial act are provided.
• As noted above, personal appearance of the signer before the notary is required for notarization of a record.
• Personal knowledge of the identity of an individual seeking a notarial act is achieved if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. A notarial officer has satisfactory evidence of the identity of an individual by means of specified identity credentials that are current or expired no more than three years before performance of the notarial act, or through the verification on oath or affirmation of a credible witness who is personally known to the notary and who provides satisfactory evidence of identity as described in statute, that is current or expired no more than three years prior to the notarial act. The notarial officer may require an individual to provide additional identification credentials before performing a notarial act.
• A notarial act must be evidenced by a notarial certificate, which must be completed contemporaneously with (at the same time as) performance of the notarial act and must include the notarial officer’s signature and date of the notarial act; the officer’s title of office; and the jurisdiction (venue) where the notarization was performed. If the notarial officer is a notary public, the certificate must also indicate the notary’s date of commission expiration. The certificate must be written in English or in dual languages, one of which must be English. 
• For notarial acts involving a tangible record, a certificate must be part of or securely attached to the record. For notarial acts involving an electronic record, the certificate must be affixed to, or logically associated with, the electronic record in a manner that complies with any standards established by the Director of Licensing.
• A notary public’s official stamp must be included in the certificate on a tangible or electronic record. If the notarial act is performed by a notarial officer other than a notary public, use of an official stamp is optional for tangible or electronic documents, if the officer’s signature and date of the notarial act, title of office and the venue appear in the certificate.
• The notarial officer shall not affix or logically associate his or her signature to the notarial certificate until the notarial act has been performed.
• By executing a notarial certificate, a notarial officer certifies that he or she has complied with the requirements of Washington notary law for performance of the notarial act.
• A notarial certificate is sufficient if it meets the requirements specified by Washington notary law and is in a form permitted by Washington law; is in a form permitted by the laws of the jurisdiction in which the notarial act was performed; or it sets forth the actions of the notarial officer and those actions meet Washington statutory requirements.
• A notary public may refuse to perform a notarial act unless refusal is prohibited by other law. Reasons the notary may refuse to notarize include uncertainty about the individual’s competency or capacity to execute the record; or uncertainty that the individual is acting knowingly and voluntarily. 

Journal
• A notary public must maintain a journal and chronicle all notarial acts in it. The notary public must retain the journal for 10 years after performance of the last notarial act chronicled in it, and must destroy the journal upon completion of the 10 years pursuant to rules of the Director of the Department of Licensing.
• The notary may maintain only one tangible (paper) journal at a time, in which both paper and electronic notarial acts shall be recorded. The tangible journal must be a permanent, bound register with numbered pages. An electronic notary may also maintain an electronic journal, but such journal is concurrent with the tangible journal. An electronic journal must be in a permanent, tamper-evident electronic format that complies with any rules of the Director of the Department of Licensing.
• Journal entries must be made contemporaneously with (at the same time as) the notarial act.
• Required journal entry elements are specified: date and time of the notarial act; description of the record (if any) and type of notarial act; full name and address of each individual for whom the notarial act is performed; and any additional information prescribed by the Director in rule.
• The notary must keep the journal in a locked and secured area, under his or her direct and exclusive control. If the journal is lost or stolen, the notary must promptly notify the Director of the Department of Licensing upon discovering that the journal is missing.
• Upon commission resignation, revocation or suspension, the notary public shall retain journal records for 10 years after performance of his or her last notarial act, and shall inform the Director of the Department of Licensing of the records’ whereabouts.

Notary Public’s Official Stamp and Stamping Device
• If a notarial act is performed on a tangible or electronic record by a Washington notary public or electronic records notary public, an official stamp must be affixed to or embossed on the tangible record’s certificate and attached to or logically associated with the electronic record’s certificate. If a notarial act is performed on a tangible or electronic record by any other Washington notarial officer, use of an official stamp is optional if the certificate is signed and dated by the officer, identifies the jurisdiction where the notarial act is performed, and contains the officer’s title of office.
• The notary’s official stamp as it appears on paper or electronic documents must meet design specifications prescribed by rule of the Director of the Department of Licensing, and include the words “Notary Public” and “State of Washington”; the notary public’s name as commissioned; the notary public’s commission expiration date; and any other information required by the Director.
• The notary’s allowed stamping device for tangible records will continue to be an inked stamp or embossing seal.
• The notary’s official stamp must be capable of being copied with the record to which it is affixed, attached or logically associated.
• SB 5081 further clarifies that at the time a notarial act is performed, the notary public shall use the stamping device that evidences the notary’s commission in effect at that time, even if the stamping device evidencing his or her next commission has already been received.
• A notary public is responsible for the security of his or her stamping device and may not allow its use by any other individual. The notary public must render the stamping device unusable upon commission expiration, resignation or revocation. If the notary public dies or is adjudicated incompetent, the notary public’s personal representative or guardian or anyone else knowingly in possession of the stamping device must render it unusable.
• The notary public, or the notary public’s personal representative or guardian, if applicable, must notify the Director of the Department of Licensing promptly upon discovery that the stamping device is lost or stolen. A replacement stamping device must contain a variance from the lost or stolen device.

Electronic Notarization
• A Washington notary public who wishes to notarize electronically must also hold a commission as an electronic records notary public.
• An (duly commissioned) electronic records notary public may select one or more tamper-evident technologies with which to notarize electronically. The selected technology must conform to standards, if any, established by the Director of the Department of Licensing and if it does, the Director shall approve its use. The electronic records notary cannot be required to notarize electronically with a technology the notary has not selected.
• Before performing his or her initial electronic notarial act, an electronic records notary public must notify the Department of Licensing that he or she will be notarizing electronic records, and identify the technology or technologies the notary intends to use. 

Notary Commission – Qualifications and Related Matters
• Applicants for a Washington notary public commission must be at least 18 years of age; be a citizen or permanent legal resident of the United States; be a resident of or have a place of employment or practice in Washington; be able to read and write English; and not be disqualified to receive a commission under Section 23 of SB 5081.
• Applicants must also execute an oath of office and obtain a surety bond in an amount established by rule of the Director. The surety must be issued by an entity licensed or authorized to write surety bonds in Washington. The surety or issuing entity must notify the Department of Licensing no later than 30 days after making payment to a claimant under the surety bond.
• The term of office for a Washington notary public remains four years.
• Individuals appointed as a Washington notary public may apply to the Director of Licensing for a commission as an electronic records notary public. Qualifications and the application process, including any fee for obtaining an electronic records notary public commission, are subject to rules established by the Director. If deemed appropriate by the Director, an electronic records notary public commission may take the form of an endorsement to the notary public’s existing commission.
• SB 5081 also provides numerous grounds on which a notary commission may be denied, refused for renewal, revoked, suspended, or conditioned.
 

Other Provisions
• The Director of the Department of Licensing must maintain an electronic database of notaries public, through which a person may verify the authority of a notary public to perform notarial acts and that indicates whether a notary public has notified the Director of the intention to notarize electronically. 
• The Director of the Division of Licensing may adopt rules to implement Washington’s RULONA. 
• SB 5081 makes necessary conforming amendments to existing statutes, notably statutes providing that under the Washington Electronic Authentication Act, a digital certificate issued by a certification authority may satisfy the requirement of a notary’s acknowledgment certificate (subject to statutory requirements).
• WAC 308-30-130 - Amended
   i. A Washington Notary Public with an Electronic Records Notary Public endorsement must use a tamper-evident technology to perform electronic notarial acts (RCW 42.45.190).  The technology must:
     a. Require access to the system by a password or other secure means of authentication.
     b. Enable a Notary Public to affix the Notary’s electronic signature and seal or stamp in a manner that attributes such signature and seal or stamp to the Notary.
   ii. A provider of a tamper-evident technology used by a Washington Notary to perform electronic notarial acts must:
     a. Enroll only Notaries Public who have been issued an Electronic Records Notary Public endorsement (pursuant to WAC 308-30-030)
     b. Take reasonable steps to ensure that a Notary Public who has enrolled to use the technology has the knowledge to use it to perform electronic notarial acts in compliance with Washington’s administrative rules.
     c. Provide prorated fees to align the usage and cost of the tamper-evident technology with the term limit of the Notary Public’s Electronic Records Notary Public endorsement.
     d. Suspend the use of any tamper-evident technology for any Notary Public whose endorsement has been revoked, suspended, or canceled by the State of Washington or the Notary Public.
 
 
WEST VIRGINIA - HB 4207
Effective 06.03.2018
View this bill


1.  Provides for the Secretary of State to establish an online notary application system.
2.  Establishes that a notary public’s oath of office will be executed as a statement made under penalty of perjury on the notary public application, and that execution of the oath is required before issuance of a notary public commission.
3.  Repeals the requirement that a West Virginia notary public hold a $1000 “assurance” (surety bond or functional equivalent) and all related statutory provisions.

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