2024 Notary Law Updates
| 2024 Adopted/Enacted Notary Legislation Page Last Updated: July 9, 2025 |
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| ALABAMA – HB 103 Eff. 10-1-24 View this bill Empowers the State Service Commissioner of the State Department of Veterans’ Affairs to have a seal of office. Requires the Commissioner to subscribe and execute an oath of office before entering into the duties of office. Requires the Commissioner to designate employees to become notaries public, who may administer oaths to any individual swearing to the correctness of any statement made in connection with certain applications, hospitalization, insurance, pension, or any other service, aid, or benefit to which the individual, or any other individual on whose behalf any statement is made, may be or may become entitled to under existing federal law or laws of Alabama. ------------------------------- ALABAMA – SB 289 Eff. 10-1-24 View this bill Defines “professional service” as any service or occupation that may be lawfully performed only under a license issued by a state court, state regulatory licensing board, or other similar agency. Defines “professional” as an individual who holds such license. Authorizes a professional who is also commissioned as an Alabama notary public, in the normal course of providing a professional service in exchange for a fee, commission or other payment, to perform any acknowledgment or other notarial act that is required to provide the professional service. Also clarifies that an individual employee, who is employed by a professional and is also commissioned as a notary public, may perform any acknowledgment or other notarial act required in the normal course of providing a professional service for which the employing professional receives a fee, commission or other payment. |
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| CALIFORNIA - AB 2867 Effective Immediately (9-16-2024) View this bill Amends California law dealing with the time for commencing certain notary-related actions (other than for the recovery of real property). Excerpt: Within three years: (f) (1) An action against a notary public on the notary public’s bond or in the notary public’s official capacity except that a cause of action based on malfeasance or misfeasance is not deemed to have accrued until discovery, by the aggrieved party or the aggrieved party’s agent, of the facts constituting the cause of action. (2) Notwithstanding paragraph (1), an action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the aggrieved party or the aggrieved party’s agent, of the facts constituting the cause of action or within three years from the performance of the notarial act giving rise to the action, whichever is later. (3) Notwithstanding paragraph (1), an action against a notary public on the notary public’s bond or in the notary public’s official capacity shall be commenced within six years. --------------------------------------------------- CALIFORNIA – SB 696 Eff. 1-1-24; Section 8231.18 is operative on 1-1-25 View this bill California—one of the final states to consider legislation allowing performance of remote online notarizations—has enacted its Online Notarization Act, authorizing the Golden State’s notaries public to register with the Secretary of State in order to act as remote online notaries. Senate Bill 696 clarifies that an online notarization platform shall not be authorized for use by a California notary public, nor shall a California notary public provide online notarization for any principal, until the earlier of: • certification by the Secretary of State on its internet website that the Secretary of State’s technology project necessary to implement statutes related to online notarization is complete; • January 1, 2030, unless the Secretary of State informs the Legislature and the Governor in writing on or before January 1, 2029, that said technology project will not be completed by January 1, 2030, including a detailed status of the technology project. The new law additionally prohibits a commissioned notary public from providing an online notarization for any principal prior to registration with the Secretary of State (in the manner prescribed by the Secretary) or before adoption of rules (as mandated by SB 696) by the Secretary of State. It further establishes that Civil Code Section 1181 shall not be construed to authorize any person, other than a notary public authorized by the Secretary of State to perform online notarizations, to take a proof or acknowledgment of an instrument by means of appearances using audio-video communication (as defined in Government Code §8231.1(a) The new law provides for broad recognition of notarial acts, by giving legal effect to a notarial act performed in another U.S. state, or under authority and within the jurisdiction of a federally recognized Indian tribe, or under federal law, or under the authority and within the jurisdiction of a foreign state, as if the notarial act were performed by a notarial officer of California and subject to specified conditions. Other provisions of Senate Bill 696 include the following. Definitions Defines the following terms: “audio-video communication,” “audio-video recording,” “business,” “credential,” “credential analysis,” “depository,” “electronic,” “electronic journal,” “electronic online notarial certificate,” “electronic journal,” “electronic record,” “electronic seal,” “electronic signature,” “encrypt [or] encrypted,” “express written request,” “identity proofing,” “notarial act,” “notarial officer,” “notary public,” “notary public’s electronic signature,” “open format,” “online notarization,” “online notarial act,” “online notarization platform,” “online notarization system,” “principal,” “record,” “records of online notarial acts,” “remote online notarial act,” “remote online notarial act,” “remote online notarization,” “remote presentation,” “state,” and “United States.” Commissioning of Notaries Public Adds, as grounds for the Secretary to refuse to appoint a person as a notary public, or to revoke or suspend the commission of a notary public: • violation of Government Code Sections 8231.5 or 8231.6 (dealing with requirements for maintaining records of online notarial acts in a journal, and/or an audio-video recording of the audio-visual communication of each online notarial act performed); • use of an online notarization system from an online notarization platform that does not comply with Government Code Section 8231.14; • use of a depository not in compliance with Government Code Section 8231.14. California’s “Online Notarization Act” Adds Article 2—commencing with Section 8231—to Title 2, Division 1, Chapter 3 of California’s Government Code. This new article is the Online Notarization Act. Registration to Remotely Notarize. Authorizes a notary public, or an applicant for appointment as a notary public, to register with the Secretary of State to perform online notarizations. Establishes the requirements for such registration, including a two-hour course of study* approved by the Secretary of State and concerning the functions and duties of a California notary public authorized to perform online notarizations; and a written exam specifically for purposes of qualifying for the online notarization authorization. Clarifies that registrants must also satisfy the requirements for obtaining a California notary public commission, including the education and exam requirements for new and renewing notary public applicants, as applicable. Requires these notaries’ electronic notarial certificate for an online notarization to notate certain specific information, and provides the form of such notations. _______________ *The two-hour course of study on the functions and duties of performing online notarizations is in addition to the existing notary education (six hours for a new applicant, three hours for a renewing applicant) required for obtaining a new or renewal notary commission. Authorizes the Secretary of State to charge an applicant a fee (in addition to the fee for obtaining or renewing a notary public commission) for registering to perform online notarizations, in an amount necessary to administer the bill’s provisions related to online notarizations. Clarifies that notaries obtaining authorization to perform online notarizations will operate under their one commission number issued for their traditional notary commission. Allows the Secretary of State to approve online notarization registrations of notaries public authorized to notarize for the California-based military and naval reservations of the Army, Navy, Coast Guard, Air Force, and U.S. Marine Corps. Requires that such registrant notaries must meet the requirements of California’s Government Code Title 2, Articles I and II Increased Notary Bond Amount. Requires every person appointed as a notary public and authorized to perform online notarizations to execute an official bond of $25,000 in lieu of the $15,000 bond required by Government Code §8212. Requires the bond to be in a form executed by an admitted surety insurer and not a deposit in lieu of bond. Holds the notary public and the sureties on the notary’s official bond liable to the injured person in a civil action stemming from official misconduct or neglect of the notary public. Clarifies that the surety’s liability shall be limited to $15,000 for notarial acts under Sections 8200-8230, Article 1, Government Code (“traditional” notarial acts); and $25,000 for online notarial acts performed under Article 2 (the Online Notarization Act). Caps a surety company’s aggregate liability at $25,000. Requires the bond to be filed with the county clerk of the county where the notary public maintains a principal place of business, pursuant to Government Code §8213. Provides that a commissioned California notary public who is not yet registered with the Secretary of State to perform online notarizations may obtain registration before expiration of the notary’s current term of office, by resigning their current commission in the manner prescribed by the Secretary and meeting the requirements of California’s Government Code, Articles 1 and 2 (and the Sections specified within each Article). Clarifies that the notary public’s current commission shall remain in full force and effect until the effective date of the new commission. Further clarifies that a notary public seeking both commission reappointment and (re)authorization to perform online notarizations must satisfactorily complete the three-hour refresher course of study for the notary commission, and the two-hour course of study required for the remote online notary registration. Authorization. Authorizes (a duly registered) online notary public to perform notarial acts and online notarizations by means of audio-video communication provided by an online notarization system meeting all applicable requirements of law and administrative rules. Specifies that any requirement of California law that a principal, as defined, appear before or in the presence of a notary public shall be satisfied by the principal’s appearance by means of audio-video communication before a notary public authorized to perform online notarization in compliance with all applicable requirements. Interstate Recognition. Provides for broad recognition of notarial acts, by giving the same legal effect under California law to a notarial act performed in: another U.S. state; or under the authority and within the jurisdiction of a federally recognized Indian tribe; or under federal law; or under the authority and within the jurisdiction of a foreign state or constituent unit of the foreign state; or performed under the authority of a multinational or international governmental organization, as if it were performed by a notarial officer of California and subject to specified conditions. Notary’s Electronic Notarial Certificate, Electronic Signature and Seal Requires an online notary public ’s electronic notarial certificate to be in a specified form and certified under penalty of perjury. Clarifies that a requirement under Government Code Section 8205 that a certificate of acknowledgment or proof, or a deposition, affidavit, oath, affirmation, or certification of copy be signed in the notary public’s own handwriting is satisfied by the notary’s electronic signature if the notarial act is performed by online notarization. Specifies the form (wording, format) for an electronic online notarial certificate evidencing an acknowledgment and a jurat. Requires an electronic online notarial certificate to include a notation that the notarization is an online notarization. Clarifies that nothing in the new law’s requirements for a notarial certificate shall be construed to require, as a condition of recording or acceptance, inclusion of a principal’s physical location at the time of the online notarial act. Requires an online notary public to take reasonable steps to ensure that any registered device used to create an electronic signature or electronic seal is current and has not been revoked or terminated by the device’s issuing or registering authority. Requires an online notary public’s electronic seal to contain the notary public’s name, the Great Seal of the State of California, the words “Notary Public,” the name of the county where the notary’s bond and oath of office are filed, the notary’s commission expiration date, the notary’s commission number, and the sequential ID number assigned to the manufacturer or vendor of the notary’s public electronic seal. Allows a notary public’s electronic seal to be circular and not over two inches in diameter; or rectangular and not more than one inch in width by two and one-half inches in length. Requires a notary public to provide the Secretary of State with a copy of the notary’s electronic signature and electronic seal, as prescribed by the Secretary of State. Requires a notary public, when notarizing electronically with respect to an electronic record, to attach or logically associate the notary public’s electronic signature and electronic seal to the electronic notarial certificate in a manner that is capable of independent verification and that makes evident any tampering or subsequent change or modification to the electronic record that has occurred. Requires a notary public performing online notarizations to keep the notary’s electronic signature and electronic seal in a secure encrypted manner, under the direct and exclusive control of the notary public. Allow a notary public to satisfy this requirement by keeping their electronic signature and electronic seal on a storage device or online media that is accessed by the notary public with a secure means of multifactor authentication and protected, at a minimum, by security requirements set forth by the Secretary of State. Prohibits a notary public from allowing another person to access or use the notary public’s electronic signature or electronic seal. Requires a notary public to take all reasonable steps to protect the notary public’s electronic signature and electronic seal from unauthorized disclosure, access, or use. Requires a notary public to immediately notify the Secretary of State, and all appropriate law enforcement agencies, of the following circumstances with respect to the notary’s electronic signature or electronic seal: unauthorized use, or access by, or disclosure to another person; loss, compromise, theft, vandalism, corruption, or breach. Establishes that it is a misdemeanor crime for any person, without authorization, to knowingly obtain, conceal, damage or destroy a notary’s certificate, disk, coding, card, program, software or hardware that enables a notary public to affix their electronic signature or electronic seal. Requires a notary public authorized to perform remote online notarizations, who resigns, is disqualified, removed from office or who allows their online notarization registration to expire (without obtaining a reappointment within 30 days) to take all necessary measures to disable the capability of the notary public’s electronic signature and seal to be electronically affixed by the notary or any other person. Requires these actions to be take in compliance with Government Code §8209, and that they include but aren’t limited to notifying the notary’s chosen online notarization platform that their electronic signature and seal should be disabled. Further requires the notary public to adhere to any other requirements provided in regulations adopted by the Secretary of State. Requires an online notarization platform so notified by a notary public to disable, destroy or otherwise prevent use of the notary public’s electronic signature and electronic seal. Electronic Seal Vendors Requires a manufacturer or vendor of the notary public’s electronic seal to apply to the Secretary of State to be assigned an identification number, as specified. Requires electronic seals to meet the requirements of applicable law and any rules or regulations adopted by the Secretary of State. Requirements of Electronic and Online Notarizations Establishes extensive requirements applicable to electronic notarizations, and online notarizations performed by a registered notary public, including the following. Requires a notary public to utilize an online notarization platform or depository approved by the Secretary of State. Scope of Jurisdiction. Requires, at the time of notarization, an online notary public to remotely notarize (only) for a principal who is within California; or outside California but within the United States; or outside the United States if the act is not prohibited in the jurisdiction in which the principal is physically located at the time of the act. Online Notarization - Identifying Principals. Requires a notary public authorized to perform online notarizations to verify a principal’s identity by satisfactory evidence that meets the requirements of the law and of rules and regulations adopted by the Secretary of State. Clarifies that “satisfactory evidence” means the absence of information, evidence, or other circumstances that would lead a reasonable notary public to believe that the principal is not the individual that the principal claims to be and all of the following: • remote presentation of a credential by the principal. • credential analysis of the credential as described in the Act.* • identity proofing of the principal described in the Act.* _______________ *California’s Online Notarization Act Further clarifies that as used here, “satisfactory evidence” does not include the definition of “satisfactory evidence given in California Civil Code §1185. Prohibits, with respect to identifying a principal for performance of a remote notarial act, retention of any credential transmitted by the principal for any longer than necessary to accomplish both verification of the principal’s identity; and the notary making an entry in the notary’s electronic journal. Audio-Video Communication. Requires the audio-video communication used by a registered online notary public to consist of continuous, synchronous audio and video feeds with adequate clarity such that all participants can be clearly seen and understood at all times. Requires the notary public and the online notarization platform being used for a remote online notarization to encrypt all audio-video communication and take reasonable steps to ensure that the audio-video communication is secure from unauthorized interception. Requires the notary public to terminate the session if the notary judges that the audio-video communication is insufficient for all participants to be clearly seen and understood at all times. Requires a notary public performing an online notarial act to create the audio-video recording required by Government Code Section 8231.6. Requires the notary public to retain the audio-recording on an encrypted storage device or encrypted online media that is accessed by the notary public with secure multifactor means of authentication. Specifies that the audio-video recording shall be created in an open format and shall not include images of any electronic record that was the subject of the online notarization. Records of Online Notarial Acts. Requires an online notary public to record each online notarial act performed by the notary public in one tangible sequential journal and one or more secure electronic journals. Specifies the information to be recorded in the journal entry: (A) date and time of the online notarization; (B) name of each person whose electronic signature is notarized; (C) the title or short description—if no title exists—of every electronic record sworn to, affirmed, acknowledged, or proved before the notary public; (D) the name of the online notarization platform whose online notarization system was used; (E) the unique transaction identifier provided by the online notarization provider (and subject to regulations to be adopted by the Secretary of State); and (F) the location of the secure electronic journal. Clarifies that statutory requirements for entering the signature of each person whose signature is being notarized, and/or the thumbprint of principals required to provide their thumbprint in the notary’s tangible journal, do not apply to the tangible sequential journal entry for an online notarial act. Clarifies that Government Code Sections 8206 through 8320, inclusive, shall apply to the notary public and the tangible sequential journal, except as provided in Section 8231.5. Further clarifies that subparagraph (G) of paragraph (2), subdivision (a), Section 8206 do not apply to the electronic journal for an online notarial act. Requires an electronic journal to be maintained on an encrypted storage device or encrypted online media that is accessed by the notary public with secure multifactor means of authentication. Requires a backup of the electronic journal to be made immediately after new information is added to the electronic journal. Requires the electronic journal to be kept under the direct and exclusive control of the notary public. Charges the notary public with taking all reasonable steps to protect the electronic journal from unauthorized disclosure, access or use. Requires an electronic journal to be capable of providing both physical and electronic copies of any entry made therein. Requires a notary public authorized to perform online notarizations to include, in the electronic journal, all of the following: 1. the date, time, and type of each official online notarial act. The time entered shall be the time at the notary’s location at the time of the online notarial act. 2. the physical location of the principal as represented to the notary public by the principal at the time of the online notarial act and the physical location of the notary public at the time of the online notarial act. 3. the title, or a short description if no title exists, of every electronic record sworn to, affirmed, acknowledged, or proved before the notary public. 4. the electronic signature of each person whose electronic signature is being notarized. 5. satisfactory evidence of identity of the principal pursuant to subdivision (a) of Section 8231.8, which shall be in the form of a notation of the type of identification credential provided to the notary public for credential analysis, a record of the identity proofing, and other information as may be required by the Secretary of State. 6. a statement that an audio-video recording of the online notarial act was made pursuant to Section 8231.6. 7. the fee, if any, charged for the online notarization. 8. the name of the online notarization platform whose online notarization system was used. 9. the unique transaction identifier as defined in subparagraph (C) of paragraph (2) of subdivision (a). Requires a notary authorized to perform online notarizations to maintain each tangible and electronic journal for as long as the notary is registered with the Secretary of State to perform online notarizations. Establishes that an online notarization platform may retain custody of the electronic journal on behalf of the notary public if it expressly provides custodial services as part of the online notarization system, and provided this information to the Secretary of State in its application under Government Code §8231.14. Establishes that an online notarization platform that does not provide custodial services for a notary public has a duty not to retain the electronic journal or any entries after providing a reasonable opportunity for the notary to download such records. Requires the Secretary of State to establish, by rule or regulation, the time period that constitutes a “reasonable opportunity.” Requires a notary public utilizing an online notarization platform that does not provide custodial services to save a copy of the electronic journal to a depository registered with the Secretary of State under Government Code §8231.14, at least once per calendar month. Requires a notary public to immediately notify the Secretary of State and all appropriate law enforcement agencies, by certified or registered mail or any other means of delivery that provides a receipt, of the unauthorized disclosure to or use by another person, loss, compromise, theft, vandalism, corruption, or breach of the notary’s electronic journal. Specifies the requirements for this notification. Journal Requirements (Tangible and Electronic Journals) Requires a notary public authorized to perform online notarizations to maintain each tangible and electronic journal for so long as the notary public is registered with the Secretary of State to perform online notarizations. Further provides that (notwithstanding Government Code Section 8209(a)), a notary public who resigns, is disqualified, is removed from office, or allows their registration as a notary public authorized to perform online notarizations to expire without obtaining reappointment within 30 days, shall retain the electronic journal for 10 years after the performance of the last notarial act chronicled in the electronic journal, either personally or by transmitting the electronic journal to a depository registered with the Secretary of State within 30 days of the applicable event. Establishes that if the notary public willfully fails or refuses to retain or deliver their electronic journals as required, the notary public is guilty of a misdemeanor and shall be personally liable for damages to any person injured by that action or inaction. Requires that, in the event of death of a notary public authorized to perform online notarizations and notwithstanding Government Code Section 8209(b), the personal representative of the deceased shall promptly report the notary public's death to the Secretary of State and shall retain the journal, or cause the journal to be retained by a depository designated by or on behalf of the person required to retain the journal. Requires a notary public to provide a member of the public a tangible or electronic copy, as requested, of an entry in the notary public's journal, and to do so in compliance with rules and regulations adopted by the Secretary of State. Also requires a notary public to provide--or an online notarization platform and depository to enable, as applicable--certain parties access to the notary public’s journal or a copy of the notary's electronic journal, as follows: a peace officer pursuant to subdivision (d) of Government Code Section 8206 or Section 8228; or upon receipt of a subpoena duces tecum or a court order pursuant to Government Code Section 8206(e); or in order to comply with any other applicable federal, state or local law, a lawful subpoena or court order, or a lawful request from a law enforcement or regulatory agency; or to the Secretary of State under Government Code Section 8228. Further provides that, notwithstanding Government Code Section 8206(c), a notary public authorized to perform online notarizations may charge a reasonable fee, as determined by a rule adopted by the Secretary of State pursuant to the Online Notarization Act, to recover the cost to the notary of providing a copy of an entry in an electronic journal. Notary’s Allowable Online Notarization Fees to Charge Prescribes the following maximum fees that a notary public may charge for services related to an online notarization: • taking an acknowledgment of a deed of other instrument, including the electronic seal and completion of the notarial certificate……………….$30 for each signature taken • administering an oath or affirmation to one person and executing the jurat, including the electronic seal and completion of the notarial certificate…………………. $30 Prohibits a fee to be charged for any online notarization related to notarizing signatures on vote-by-mail ballot identification envelopes or other voting materials; or for a U.S. military veteran’s application or a claim for a pension, allotment, allowance, compensation, insurance, or any other veteran’s benefit. Online Notarization Platforms and Depositories Registration. Requires a person or entity to apply, as prescribed by the Secretary of State, for resignation with the Secretary of State to be an online notarization platform or depository. Clarifies that an entity required (under California law) to obtain a certificate of qualification from the Secretary of State in order to transact business in California shall do that before applying for registration as an online notarization platform or depository. Allows only an online notarization platform that has obtained registration from the Secretary of State to provide an online notarization system for a California notary public authorized to perform online notarizations. Requires the Secretary of State to develop an application for registration to be an online notarization platform or depository. Authorizes the Secretary of State to refuse registration of an online notarization or depository to conform with application requirements. Provides certain information that must be in such application, but does not limit the application information to those items. Requires platform or depository applicants to indicate on their application that they have no order, judgment, or decree entered against them in any civil or criminal action involving fraud, material misrepresentation, or any willful acts or gross negligence related to breaches of secure information required to be stored under California’s Online Notarization Act. Requires an online notarization platform or depository to provide security, for claims against the platform, depository, or either’s representatives or employees, based upon acts, errors or omissions arising out of the business of the online notarization platform or depository. Requires such security to be one or an aggregate of both (1) a policy or policies of insurance against liability imposed on or against the online notarization platform or depository by law for damages arising out of claims in an amount for each claim of at least two hundred fifty thousand dollars ($250,000); (2) in trust of bank escrow, cash, bank certificates of deposit, United States Treasury obligations, bank letters of credit, or bond of insurance companies as security for payment of liabilities imposed by law for damages arising out of all claims in an amount of at least two hundred fifty thousand dollars ($250,000). Allows the Secretary of State to refuse or cancel an online notarization platform’s or depository’s registration if the application is found to include a material misrepresentation or if the registrant subsequently has an order, judgment, or decree entered against them in any civil or criminal action (as defined within the Online Notarization Act). Technical Requirements. Specifies the functional and technical features to be satisfied by a “business” (defined in the new law) providing a remote notarization software platform for use by a California notarial officer, which include: an encrypted electronic journal entry for each remote online notarial act; an audio-video recording of the audio-video communication of each remote online notarial act facilitated by the business; and retention of the electronic journal entry and audio-video recording. Requires a business providing a remote notarization software platform for use by a California notarial officer to: • provide each individual for whom a remote online notarial act is to be performed with a prompt asking if the individual is located in California before the remote online notarial act is actually performed; • append to the record to be notarized (if the individual represents to the business that the individual is located in California) a document indicating the principal’s response to the prompt, as well as the notarial officer’s location at the time of the remote online notarial act; • provide the principal, as expediently as possible following completion of a transaction, with a copy of each relevant electronic journal entry and audio-video recording. Clarifies that failure to obtain or append the document indicating the principal’s location does not affect the validity of the record or the remote online notarial act, and that nothing in this section of the new law shall be construed to require submission of the appended document as a condition of recording or acceptance under California law. Requires a business to produce an audit trail relative to each remote online notarial act that details: 1. the action performed; 2. the date and time of the action’s performance (Coordinated Universal Time); 3. the name of the party performing the action; 4. the Internet Protocol address of the party performing the action. Requires a business to encrypt all audio-video communication and all records related to a remote online notarization, and to take reasonable steps to ensure that the audio-video communication used in a remote online notarization is secure from unauthorized interception. Requires a business to create an encrypted electronic journal entry for each remote online notarial act. Requires the business to enable the notarial officer’s journal access by means of secure multifactor authentication. Requires the electronic journal to be capable of providing both physical and electronic copies of any entry made in it. Specifies the minimum content of each journal entry, including the physical location of the principal as represented to the business by the principal, and the physical location of the notarial officer at the time of the remote online notarial act. Requires a business, in the most expedient time possible and without unreasonable delay, to notify all appropriate law enforcement agencies and any affected principals of the unauthorized access or use by or disclosure to another person, loss, compromise, theft, vandalism, corruption, or breach of a principal’s personal information or an electronic journal or audio-video recording. Prohibits a business from accessing, using, sharing, selling, disclosing, producing, providing, releasing, transferring, disseminating, or otherwise communicating the contents of any of the following related to a principal: 1. an electronic journal entry; 2. the contents of a record that is the subject of a remote online notarial act; 3. the audio-video recording of a remote online notarial act; 4. personal information. Online Notarization Platforms or Depositories—Standards of Practice Requires an online notarization platform to take all reasonable steps to ensure that a notary public for whom it provides an online notarization system has the knowledge to use the system to perform online notarial acts in compliance with the Online Notarization Act and any rules or regulations adopted by the Secretary of State. Prohibits an online notarization platform or depository from having access to a notary public’s electronic signature or electronic seal. Further prohibits an online notarization platform or depository from accessing, using, sharing, selling, disclosing, producing, providing, releasing, transferring, disseminating, or otherwise communicating the contents of a notary public’s electronic journal, except to comply with any other applicable federal, state, or local law; a lawful subpoena or court order; or a lawful request from a law enforcement or regulatory agency. Prohibits an online notarization platform of depository from accessing, using, sharing, selling, disclosing, producing, providing, releasing, transferring, disseminating, or otherwise communicating the contents of a document notarized by a notary public, unless the notary has the express written request of the principal, or the notary must comply with any other applicable federal, state, or local law, a lawful subpoena or court order, or a lawful request from a law enforcement or regulatory agency. Prohibits an online notarization platform or depository from accessing, using, sharing, selling, disclosing, producing, providing, releasing, transferring, disseminating, or otherwise communicating the contents of an audio-video recording of an online notarial act, unless the notary has the express written request of the principal, or the notary must comply with any other applicable federal, state, or local law, a lawful subpoena or court order, or a lawful request from a law enforcement or regulatory agency. Prohibits an online notarization platform or depository from accessing, using, sharing, selling, disclosing, producing, providing, releasing, transferring, disseminating, or otherwise communicating the personal information of a principal unless the notary has the express written request of the principal or the notary must comply with any other applicable federal, state, or local law, a lawful subpoena or court order, or a lawful request from a law enforcement or regulatory agency. Clarifies that an online notarization platform or depository may access, use, share, disclose, produce, provide, release, transfer, disseminate, or otherwise communicate the notary public’s electronic signature or electronic seal, the contents of the notary’s electronic journal, a notarized or audio-video recording, or the personal information of a principal, (only) to the extent necessary to facilitate performance of an online notarial act; to comply with applicable California law, rules and regulations adopted by the Secretary of State, or any other applicable federal, state, or local law or a lawful subpoena or court order; to respond to a lawful request from a law enforcement or regulatory agency; to administer, affect, enforce, or process a record provided by or on behalf of a principal or the transaction of which the record is a part; or as necessary to implement the requirements of this article (the Online Notarization Act) and rules or regulations adopted by the Secretary of State, and to implement the fraud mitigation measures outlined in NIST Special Publication 800-63A, June 2017, promulgated by the National Institute of Standards and Technology, or any successor publication. Requires an online notarization platform or depository, in the most expedient time possible and without reasonable delay, to provide notification of the unauthorized access or use by or disclosure to another person, or of loss compromise, theft, vandalism, corruption, or breach of any of the following: a notary public’s electronic signature or electronic seal; a notary public’s electronic journal; any records of online notarial acts. Prohibits an online notarization platform that does not provide custodial services for a notary public from deleting an online journal entry or audio-video recording of an online notarial act until the notary public has been provided a reasonable opportunity (established by rule or regulation of the Secretary of State) to download the entry or record. Establishes notification requirements (to be submitted to the Secretary of State) for online notarization platforms or depositories, under certain circumstances: • the online notarization platform or depository ceases to provide their services for use in California, or goes out of business, ceases operations, or is acquired by or merges with another entity that is not registered with the Secretary of State as an online notarization platform or depository; or • the online notarization platform ceases to provide custodial services. Requires such online notarization platforms or depositories, at least 30 calendar days before the (bulleted) events noted above, to notify each notary public that has utilized the online notarization platform or depository and enable the notary public to transfer all records of online notarial acts performed by the notary public—or all records stored by the depository (including, but not limited to, any electronic journals or audio-video recordings)—to another online notarization platform, to the notary public, to a certified depository, at no cost to the notary public. Prohibits the online notarization platform or depository from deleting any records of online notarial acts performed by the notary public until the notary public has been provided a reasonable opportunity to download the notary’s records. Requires the Secretary of State to establish by rule or regulation the time period that constitutes a “reasonable opportunity” for a notary to download their records of online notarial acts. Requires that, upon full compliance with the requirements to notify the notary public and to enable the notary to address the disposition of the notary’s records, an online notarization platform or depository shall promptly delete electronic journals and all audio-video recordings of online notarizations. Establishes the circumstances under which a registered online notarization platform or depository may continue operating as such, when the platform or depository is acquired by or merges with another entity that is not registered with the Secretary of State. Among such circumstances is that the online notarization platform or depository must notify all notaries using its services of the pending merger or acquisition, at least 30 days in advance or as soon as permitted by applicable law. Provides that a notary public authorized to perform online notarizations and using an online notarization platform or depository shall not be held vicariously liable for damages resulting form the online notarization platform’s or depository’s failure to comply with the requirements of applicable California law or any rules or regulations adopted by the Secretary of State. Voids any provision in a contract or agreement between a notary public and an online notarization platform or depository that attempts to waive this immunity provision. Custodial Services Requirements and Requisites. Prohibits an online notarization platform or depository that provides custodial services for a notary public from deleting an online journal entry or the audio-video recording of an online notarization until (a) the contract for custodial services is terminated or the notary public resigns, is disqualified, is removed from office, or allows their registration to perform online notarizations to expire without obtaining reappointment; and (b) the notary public has downloaded journal entries or audio-video recordings. Requires an online notarization platform or depository to provide a reasonable opportunity (time period)—to be established by rule or regulation of the Secretary of State—for a notary public to download journal entries or audio-video recordings upon termination of the contract for custodial services. Compromise of Online Notarization System(s). Requires an online notarization platform to notify the Secretary of State and the notaries public using its online notarization system, and all appropriate law enforcement agencies, of the unauthorized disclosure to or use by another person, loss, compromise, theft, vandalism, corruption, or breach of the online notarization system. Notification must be by certified or registered mail or any other means of delivery that provides a receipt, and be made in the most expedient time possible and without unreasonable delay. The notification must include the period of affected journal entries, a description of the affected data, a copy of any pertinent police report if available at the time of notification, and any other information required by the Secretary of State. Online Notarization Platforms and Depositories. Requires online notarization platforms* or depositories** to register with the Secretary of State before providing their services to California’s online notaries. Requires a representative of an online notarization platform to certify, under penalty of perjury, compliance with applicable laws. Creates a civil cause of action against an online notarization platform or depository for a violation of such laws. Requires the Secretary of State to develop an application for registration of online notarization platforms or depositories, and to establish rules to implement the provisions of Senate Bill 696. _______________ *“Online notarization platform” means an individual or entity that has an active registration with the Secretary of State pursuant to Section 8231.14, CA Government Code, and provides an online notarization system to a notary public authorized to perform online notarization. **“Depository” means an individual or entity that has an active registration with the Secretary of State and that is capable of storing a journal entry or audio-video recording on behalf of a notary public. Establishes that when a notary public ceases to use an online notarization platform or depository, neither the notary nor the online notarization platform or depository is absolved of their respective duties prescribed by law or administrative rule and concerning the security, preservation, and production of records of online notarial acts generated using an online notarization platform’s online notarization system or stored by the depository, including the electronic journal and the audio-video recording required by law. Establishes various requirements applicable to an online notarization platform, including prohibiting an online notarization platform or depository from accessing, using, sharing, selling, disclosing, producing, providing, releasing, transferring, disseminating, or otherwise communicating the contents of an online notarial act, with specified exceptions. Jurisdiction Regarding Business Transactions. Defines “business” (generally any person or entity providing a software platform enabling a notary to perform a remote online notarization). Specifies that a business, commencing on January 1, 2025, consents to the jurisdiction of the courts of California for transactions related to an individual (“principal”) for whom a remote online notarial act is performed and who has represented to the business that they are located in California. Mandates that a business, relative to these transactions, shall comply with specified requirements, including creating an encrypted electronic journal entry for each remote online notarial act and an audio-video recording of the audio-video communication of each remote online notarial act facilitated by the business. Creates a civil cause of action against a business for a violation of those laws. Offenses and Sanctions Creates a misdemeanor offense for: • any person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware enabling an online notary public to affix an official electronic signature or seal; • an online notary public to willfully fail or refuse to either retain the electronic journal for 10 years after the performance of the last notarial act chronicled in the electronic journal; • an online notary public to willfully fail or refuse to deliver all notarial records and papers to the Secretary of State within 30 days of when the online notary public resigns, is disqualified, is removed from office, or allows the online notary public’s registration to expire. Adds, to existing Government Code Section 8207.4, that violation of any part of Government Code Sections 8207, 8231.7 or 8231.8 shall subject the person committing the violation to existing law’s (maximum) $1500 civil penalty for each violation committed. Further provides that the $1500 penalty is not an exclusive remedy and does not affect any other relief or remedy provided by law. Authorizes the Secretary of State to refuse to appoint any person as a notary public, or to revoke or suspend any notary public’s commission, for a violation of the provisions of the law’s newly enacted Article 2 (the Online Notarization Act). Also authorizes the Secretary of State to refuse to register any online notarization platform or depository, or to revoke or suspend the registration of any online notarization platform or depository, for a violation of the law’s newly enacted Online Notarization Act. Deems an online notarization platform or depository liable in a civil action to persons injured, for a violation of any provision of the new law’s Article 2 (Online Notarization Act). Establishes such liability to be the greater of any actual damages sustained by the injured person as a result of the violation, statutory damages of $250 per violation, injunctive or declaratory relief (presumed to accrue to the benefit of the public, or any other relief that the court finds to be proper. Establishes circumstances under which an online notarization platform shall not be held vicariously liable, including a notary public’s negligence, fraud, and willful misconduct. Addresses other matters relative to online notarization platform or depository violations of the Online Notarization Act. Establishes penalties and reliefs for which a business is liable in a civil action following violations resulting in injury to other persons. Requires an action alleging violation of the Online Notarization Act by a business to be brought no later than four years from the date the plaintiff had actual knowledge of the violation. Clarifies that a business shall not be vicariously liable for any damages awarded in a civil action resulting from any of the following: 1. the negligence, fraud, or willful misconduct of the notarial officer, principal, or the person that requested notarization of the record, unless the notarial officer is an employee or agent of the business (which makes the business responsible for the conduct of the notarial officer to the extent provided under other applicable law); 2. the contents of records uploaded to the business for remote online notarization. Other Provisions Adds the new Article 3 (Sections 8232 through 8232.4) to Chapter 3, Division 1, Title 2 of California’s Government Code, thereby creating a new law section specifically addressing interstate recognition of notarial acts. Clarifies that Section 1181 of California’s Civil Code shall not be construed to authorize any person, other than a notary public authorized by the Secretary of State to perform online notarizations in accordance with applicable law, to take a proof or acknowledgment of an instrument by means of utilizing audio-video communication (as defined in Government Code Section 8231.1(a)). Establishes, with respect to the California Constitution’s requirement for the state to reimburse local agencies and school districts for certain costs mandated by the state, that no reimbursement is required by the passage of SB 696. Makes multiple conforming changes to incorporate the new provisions of SB 696 into existing law. Requires the Secretary of State to adopt rules and regulations necessary to implement the provisions of SB 696. Specifies that the rules and regulations shall set and maintain standards for online notarizations and notaries public authorized to perform them, including but not limited to audio-video communication, and requires that principals with disabilities be accommodated by online notarization systems in a manner consistent with applicable laws; credential analysis; electronic and tangible journals; electronic seals; identity proofing; online notarization systems; depositories and related standards for security measures and storage capacity; registering with the Secretary of State as a notary public authorized to perform online notarizations, or registration as a depository or an online notarization platform; remote presentation; retention and storage of records of online notarial acts; security and encryption. Allows the Secretary of State, in crafting the mandated rules and regulations, to confer with certain other parties and consider the views of other state entities, departments or agencies, and members of the public. Prohibits a notary public from providing online notarization for any principal before the adoption of rules by the Secretary of State. Establishes that any waiver of the provisions of the Online Notarization Act is contrary to public policy and is void and unenforceable. Establishes that the provisions of the Online Notarization Act are severable, meaning that any provision of the Act or application of any provision of the Act that is held invalid will not affect other provisions that can be given effect without the invalid provision. |
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| COLORADO – HB 24-1381 Eff. 8-1-24 View this bill Amends existing law (Colo. Rev. Stat. §11-41-128) to provide that a notary public or other public officer qualified to take acknowledgments or proof of written instruments shall NOT be disqualified from taking the acknowledgment or proof of an instrument solely because of the notary public’s or other public officer’s employment by, or membership with, or being an officer of, the savings and loan association interested in the instrument presented for notarization. ---------------------------------- COLORADO – Notary Program Rules, 8 CCR 1505-11 Eff. 4-30-24 Email kathleen@asnnotary.org for a copy of these rules Creates new requirements for Colorado notaries with respect fees charged for notarial acts and any additional services provided. Written Itemization of Charges Requires a notary public who will charge for performing a notarial act, or for any additional service provided at the time of notarization, to perform the following: • Inform the customer, verbally or in writing, of the fee(s) to be charged before performing the notarial act. • Provide the customer, either before performing the notarial act, or at the timing of signing, or immediately afterward, a written document listing the specific fee or fees charged for any notarial acts performed by the notary. Also requires itemization of any zero charge for each service, if applicable, as well as of any other fees the notary is charging at the same time. Allows such fee listing to be included in a closing statement, itemized invoice, receipt, transaction summary, or any other similar document that lists the fee charged for the notarial acts. Establishes that a notary public’s failure to provide the required fee itemization results in the presumption that the amount(s) charged exceeded the statutory fee limit in Section 24-21-529, C.R.S. Clarifies that Rules 2.4.1 and 2.4.2 do no apply to notarial acts performed by an employee of a title company as part of services provided by the title company in conjunction with the business of title insurance, as defined in Section 10.11.102(3) C.R.S., or closing and settlement services as defined in Section 10-11-102(3.5) C.R.S., or settlement services as defined in Section 10.11.102(6.7), C.R.S. |
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| FLORIDA – HB 429 Eff. 7-1-24 View this bill Changes the State of Florida official who may appoint commissioners of deeds from the Governor, to the Secretary of State. (These officers, whose term of office is four years, are authorized to take acknowledgments, proofs of execution and oaths in connection with the execution of any deed, mortgage, deed of trust, contract, power of attorney, or any other writing to be used or recorded in connection with a timeshare estate and other specified types of property or timeshare plan.) |
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| HAWAII – HB 2480 Eff. 7-1-24 View this bill Requires the Office of the Lieutenant Governor to set a fee for the issuance of an apostille or a non-apostille certification. Establishes the Apostilles and Certifications Special Fund. Appropriates funds into and out of the special fund. Defines key terms (“apostille,” “Hague Treaty,” “non-apostille certification”). Requires the Office of the Lieutenant Governor to adopt rules to implement HB 2480’s newly created chapter of the Hawaii Revised Statutes. |
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| ILLINOIS – HB 4251 Eff. 1-1-24 View this bill Amends Illinois’ Electronic Wills and Remote Witnesses Act, by clarifying that it does not apply to a nontestamentary estate planning document, will or terms of a trust if the terms governing the document expressly preclude use of an electronic record or electronic signature. --------------------------- ILLINOIS—HB 2269 Eff. 1-1-24 View this bill Amends Illinois’ Electronic Wills and Remote Witnesses Act by creating a new Article 11, Electronic Nontestamentary Estate Planning Documents, to address electronic signatures on, and electronic notarization of, nontestamentary estate planning documents. Provides that these new provisions do not apply to a nontestamentary estate planning document, will, or terms of a trust governing the document [that] expressly preclude use of an electronic record or electronic signature. Bill highlights: Defines key terms, which include “nontestamentary estate planning document,” “person,” “power of attorney,” “record,” “security procedure,” “sign,” “state,” “trust instrument,” and “will.” Clarifies the effective date and applicability of the new law, and effect of the new law on the validity of an electronic record or electronic signature that is valid under Illinois’ Uniform Electronic Transactions Act, any other section of the new act, or any other Illinois law relating to nontestamentary estate planning documents. Further clarifies that the new law does not require a nontestamentary estate planning document, or a signature on such document, to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form. Addresses recognition of electronic nontestamentary estate planning documents and electronic signatures, by providing that neither may be denied legal effect or enforceability solely because they are in electronic form. Provides that an electronic nontestamentary estate planning document or electronic signature on en electronic nontestamentary planning document is attributable to a person if it is was the act of the person, which may be shown in any manner. Establishes that if other Illinois law, or a will or the terms of a trust, require or permit a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied with respect to an electronic nontestamentary estate planning document if an individual authorized to perform the notarization, acknowledgment, verification, or oath attached or logically associates the individual’s electronic signature on the document together with all other information required to be included under the other law. Provides that if other Illinois law or a will or the terms of a trust base the validity of a nontestamentary estate planning document on whether it is signed, witnessed, or attested by another individual, the signature, witnessing, or attestation of that individual may be electronic. Specifies that as used in subsection (b) of the new law, “electronic presence” means that two or more individuals in different locations are able to communicate in real time to the same extent as if the individuals were physically present in the same location. Further specifies that if other Illinois law bases the validity of a nontestamentary estate planning document on whether it is signed, witnessed, or attested by another individual in the presence of the individual signing the document, the presence requirement is satisfied if the individuals are in each other’s electronic presence. Establishes that an individual may create a certified paper copy of an electronic nontestamentary estate planning document by affirming under penalty of perjury that the paper copy is a complete and accurate copy of the document. |
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| INDIANA - HB 1032 Eff. 7-1-24 View this bill “Legislative Notaries” Creates “legislative notaries,” and provides that a legislative notary may be a member of Indiana’s General Assembly, or the principal clerk of the House of Representatives, or the principal secretary of the Senate. Establishes that a legislative notary’s authorized powers may be exercised throughout Indiana. Provides that a legislative notary’s power expires as follows: • If the individual is a member of the general assembly—upon the date the individual’s current term of office expires. • If the individual is not a member of the general assembly—upon the date the term of the current general assembly expires. Authorizes legislative notaries to exercise the following powers: 1. Take acknowledgment to a deed or any other instrument in writing; 2. Administer oaths, protest notes, and checks; 3. Take the deposition of a witness; 4.Take and certify an affidavit or a deposition; 5. Perform any other duty conferred upon a notary public by Indiana statutes. Establishes that an acknowledgment to a deed or other instrument taken by a legislative notary entitles the deed or other instrument to be recorded the same as though acknowledged before a (commissioned) notary public. Clarifies that a legislative notary is not authorized to perform any of the acts authorized by HB 1032, until the legislative notary has procured a seal that stamps, upon paper, the legislative notary’s official status (“character”) as a legislative notary. Allows a legislative notary’s seal to include any other device. (Note: “device” is not defined in the bill, but likely means a drawing or design.) Clarifies that when administering oaths, protest notes and checks, a legislative notary need not use a seal. Requires that, at the time the legislative notary signs an acknowledgment, a jurat, or any other official document, a legislative notary must show on the document the expiration date of their authority to act as a legislative notary. Allows a legislative notary to charge the same fees for performing authorized acts as the fees charged by an Indiana notary public. Provides that a legislative notary violates Indiana law if they perform an act that is a violation of law when it is performed by a commissioned Indiana notary public. Commissioned Indiana Notaries Public Deletes the word “seal” as a statutorily required element of an Indiana notary public’s electronic seal. Clarifies that the official seal of a commissioned Indiana notary public is not required to contain the word “seal” in the physical or electronic image of the official seal (its inclusion is a choice, not a requirement). Makes necessary conforming amendments. |
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| LOUISIANA – HB 238 Eff. 8-1-24 View this bill Exempts notaries public and certain other parties from the duty "to make any investigation as to whether a party to a transaction involving immovable property is a foreign adversary or prohibited foreign actor.” Further provides that no person so exempted shall be liable for failing to identify that a party to a transaction involving immovable property is a foreign adversary or prohibited foreign actor." |
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| MARYLAND – SB 280 Eff. 7-1-24 View this bill Repeals the statutory provision requiring that a notary public use a certain, specifically worded protest form. -------------------------------------- MARYLAND – SB 292 Eff. 6-1-24 View this bill Provides the new statutory title of “Deputy Secretary of State” for the individual currently titled as the Assistant Secretary of State: • Laws of Maryland, Article - Public Safety, Section 3-313(b)(2): “The Governor may delegate the power to suspend or terminate a commission to the Secretary of State, the • Laws of Maryland, Article - State Government, Section 7-102(a) and (b): “The Governor may appoint an • Laws of Maryland, Article – State Government, Section 18-104(b)(1) and (2): “The Governor may delegate to the Secretary of State or the -------------------------------------- MARYLAND – 01.02.08 NOTARY PUBLIC GENERAL REGULATIONS Eff. 1.22.24 View these rules… scroll to last page of that document Increases the fee that notaries public may charge for performance of notarial acts and remote notarial acts. Increases the notary public application processing fee for new and renewing applicants. Updates and clarifies the contact information that a notary must maintain on record with the Secretary of State, as well as where electronic communications regarding a notary’s commission are sent by the Secretary of State. Charges and Fees • Increases, from $6 to a new amount of $8, the fee that a notary public may demand and receive for performance of an original notarial act (traditional “paper” notarizations). • Increases, from $25 to $30, the fee that a duly authorized Maryland remote notary may charge for performance of a remote notarial act. • Increases the fee a notary public may charge when the notary is asked to notarize more than one copy of the same record, where the copy or copies have been signed at the same time by the same person or persons. The notary may now charge $8 (formerly $6) for notarizing each signature on the original or first copy of the record, and may charge $4 (formerly $3) for each signature on each additional copy of the same record. • Increases the application processing fee for each application for a new or renewal notary commission, from $9 to the new fee of $25. Change in Notary Name, Address or Email Information Makes the following edits to the rule requiring notification to the Secretary of State of changes in a notary public’s personal information. Specifies that notification must be made within 30 days for the following changes (new text or terms are underlined): Rule .09 Change in Name, address, or Email Information. Notaries public are required to notify the Office of the Secretary of State within 30 days if, at anytime during their commission, a notary public changes their: (Items A. – D., text unchanged) E. F. Business phone number; G. Business Address, if one was provided at the time of application; H. Business electronic mail (email) address, if one was provided at the time of application; or [G.] I. (text unchanged) Rule .10 Electronic Mail Communications Effective January 1, 2021, and except for correspondence relating to enforcement actions, the Office of the Secretary of State will send all communications to notaries public using electronic mail only. Each notary public is responsible for ensuring the Office of the Secretary of State has a current and active personal email address. |
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| MINNESOTA – HB 4772 View this bill See bill Sections 66, 67, 68 and 69 (“Sec. 66,” “Sec. 77,” etc.) Sections 66, 67, and 68 are effective per this formula: If a specific effective date is not provided, each act, except one making appropriations, will take effect on August 1 following its final enactment. Bills containing an item of appropriation take effect on July 1, unless otherwise specified. Each act takes effect at 12:01 a.m. on the day it becomes effective, unless a different time is specified in the act. Section 69, dealing with a notary public’s official notarial stamp, is effective retroactively from January 1, 2024. Amends Minnesota law as follows: • Clarifies that, before performing a remote online notarization, the notary must register, with the Secretary of State, the capability to perform notarial acts pursuant to section 358.645. • Clarifies that the Secretary of State’s electronic database of notaries public shall include the ability of a person to verify the authority of a notary public to perform notarial acts with respect to electronic records and remotely located persons (remote notarization). • Specifies that, unless terminated for any reason, the term of registration to perform electronic notarial acts begins on the registration starting date set by the Secretary of State, and continues as long as the notary public has a valid commission to perform notarial acts. Clarifies that requirements with respect to performing electronic notarial acts do not apply to Minnesota’s licensed peace officers, or to a Minnesota judge, clerk, or deputy clerk of court. • Modifies Minnesota’s statutory provisions on a notary’s notarial official stamp, and makes the following provisions retroactive to January 1, 2024. Clarifies that a notarial official stamp that complied with the in-force statutory requirements at the time of issuance (back to January 1, 2024) may continue to be used during the notary’s remaining (current) term of office, even if any subsequent changes to the statutory official stamp requirements become effective. |
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| MISSOURI - SB 1359 Eff. 8-28-24 View this bill Repeals a statutory provision requiring that, when a married woman and her husband execute and acknowledge a document involving a real estate transaction, the woman be described as “wife” in the notarial certificate for the acknowledgment. |
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| NEBRASKA – LB 287 Eff. 4-17-24 View this bill Removes notaries public from the list of those who may be given by another person a written letter removing the person’s name from a petition. |
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| NEW YORK - SB 2271 Effective 11-22-2024 View this bill Provides for recognition of notarial acts performed outside of New York, as follows. • Establishes that, when a notary public of another U.S. state performs a notarial act, that notary’s signature and title are prima facie evidence that the (notary’s) signature is genuine and that the individual holds the designated title of “notary public.” • Further establishes that the signature and title of specified notarial officers acting as authorized outside of New York are prima facie evidence that the signature is genuine and that the individual holds the designated title. Establishes that the signature and title of certain notarial officers described in SB 2271 conclusively establish the authority of the officer to perform the acknowledgment or proof of a conveyance. Further establishes that no certificate of conformity may be required for an acknowledgment or proof taken outside of New York, if the acknowledgment or proof is taken by and accompanied by the signature and title of certain notarial officers described in SB 2271. Provides that instruments acknowledged or proved, taken by and accompanied by the signature and title of a notarial officer specified in SB 2271 and performed in accordance with laws of the notarial officer’s jurisdiction, are equivalent to one taken or made in the form prescribed by law for use in New York. Further authorizes that such instruments, if otherwise entitled to be recorded, filed or registered, may be done so in any recording or filing office of New York, upon payment or tender of any lawful fees. Makes various conforming amendments. -------------------------------------------- NEW YORK - SB 8306 Relevant Section Eff. 90th Day After Becoming Law (7-19-24) View this bill Amends New York’s real property law by adding a new section that includes provisions for execution of a real property transfer on death deed. Provides that such transfer on death deed is revocable and non-testamentary. Specifies the requirements for lawful execution of a real property transfer on death deed, including that it shall be acknowledged before a notary public and recorded before the transferor’s death in the public records of the county where the property is located. |
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| NORTH CAROLINA - SB 382 Eff. 12-11-24 View this bill (Search bill for “CERTAIN NOTARY MODIFICATIONS”) Provides for the statutory validation of certain notarial acts (see bullet items below), by adding §10B-73 to Section 2E.5 in Part 9, Article 1, Chapter 10B of North Carolina’s General Statutes: §10B-73. Certain emergency video and remote notarizations validated. a. Any emergency video notarization performed in accordance with G.S. 10B-25, as codified on June 30, 2024, is validated. b. Any emergency video witnessing performed in accordance with Article 3 of this Chapter,* as codified on June 20, 2024, is validated. ------------------------------------------------ *[Chapter 10B, North Carolina General Statutes] Specifies that this newly created statute, §10B-73, applies to notarial acts performed July 1, 2024 through September 8, 2024. ------------------------------------------------------------- NORTH CAROLINA – HB 199 Eff. 7-1-24 (Relevant Section) View this bill Clarifies that “notarization” includes a remote electronic notarization that conforms to Article 2, Chapter 10B of the General Statutes (North Carolina’s Electronic Notary Act), and any notarization recognized pursuant to 10B-20(f) and 10B-40(e) of the General Statutes. Establishes that “signature” includes electronic signature technology that conforms to Article 40, Chapter 66 of North Carolina’s General Statutes. Specifically authorizes remote electronic notarization and electronic signatures for motor vehicle transactions; see Bill Section 13(a)-(d). Provides that any notarization requirement contained in Chapter 20, North Carolina General Statutes, may be satisfied using a remote electronic notarization that conforms to either Article 2, Chapter 10B of the General Statutes or any notarization recognized pursuant to G.S. 10B-20(f) (interstate recognition of notarial acts) and G.S. 10B-40(e) (recognition of any notarial certificate made in an other jurisdiction, if it is made in accordance with federal law or the laws of the jurisdiction where the notarial certificate was made). ---------------------------------------------- NORTH CAROLINA - SB 615, Relevant Excerpts Notary-related provisions (excerpted below) are effective as indicated below or upon becoming law (September 28, 2023). View the full text of SB 615 here; scroll to “Part IV. Notary Changes.” Effective 9-28-23: • Strikes the Tar Heel State’s recently enacted requirement for all notaries to maintain a journal record of all notarial acts performed, irrespective of the type of notarizations performed (traditional paper, electronic, or remote). • Clarifies that each notary may maintain a journal of all notarial acts performed, in the manner for that type of notarial act and in accordance with any rules adopted by the Secretary of State. Effective 7-1-24: • Requires that only a North Carolina notary performing a remote electronic notarization must maintain a journal. Specifies that such journal format shall be electronic. Establishes that the electronic journal shall be the exclusive property of the electronic notary. Prohibits the electronic notary from allowing another person to make entries in the electronic journal. SB 615 EXCERPT; PART IV. NOTARY CHANGES SECTION 4.1. G.S. 10B-38, as enacted by S.L. 2023-57, reads as rewritten: "§ 10B-38. Journal. Each notary SECTION 4.2. G.S. 10B-134.15(a), as amended by S.L. 2023-57, reads as rewritten: "(a) SECTION 4.3. Section 4.2 of this Part becomes effective July 1, 2024. The remainder of this Part is effective when it becomes law. PART VIII. EFFECTIVE DATE SECTION 8.1. Except as otherwise provided, this act is effective when it becomes law. ------------------------------------------- NORTH CAROLINA - SB552 Effective 7-1-23 or 7-1-24, as indicated View this bill With this bill, the Tar Heel State amends its 2022 enacted legislative provisions, and extends the effective date of remote notarization to July 1, 2024. Some bill provisions dealing with administrative matters are effective July 1, 2023. The effective date is noted at the end of each paragraph. BILL PART 1 (Eff. 7-1-23) Emergency Video Notarization and Emergency Video Witnessing Amends Section 10B-25(n), North Carolina General Statutes, by extending the authorization of emergency video notarization and emergency video witnessing to expire on June 30, 2024. Clarifies that all notarial acts performed while Section 10B-25(n) was previously in effect need not be reaffirmed and shall remain effective. (Eff. 7-1-23) Delay of Remote Electronic Notarization Provides that except as otherwise noted, the provisions of SB 552 become effective July 1, 2024. Requires the Secretary of State to begin rulemaking to implement Part 4A of Article 2, Chapter 10B of the General Statutes (“the Act”) prior to July 1, 2024. Clarifies that no temporary or permanent rule shall become effective to July 1, 2024. (Eff 7-1-23) BILL PART 2 (Eff. 7-1-23) Provides that the Secretary of State may adopt rules necessary to administer and enforce Chapter 10B of the General States (North Carolina’s notary public laws). (Eff. 7-1-23) Adds a new subsection to Section 10B-4 of the General Statutes, requiring a notary to maintain the confidentiality of a principal’s documents and information at all times. Clarifies that any journal entries or communication technology recordings (as defined in Article 2 of Chapter 10B) created by a notary in the course of performing a notarial act are not public records under General Statutes 132-L. (Eff. 7-1-23) Repeals Section 10B-36(d) of the General Statutes. Amends Section 10B-36 by adding a new subsection that: 1. Prohibits a vendor or manufacturer from providing a notary seal to a purchaser claiming to be a notary, unless the purchaser presents a notary commission issued by the Secretary of States and one of the following applies: a. In the case of a purchaser appearing in person, the vendor or manufacturer identifies this individual as the person named in the commission, through either personal knowledge or satisfactory evidence of identity. b. In the case of a purchaser ordering a seal by mail or delivery service, the vendor or manufacturer confirms the notary's standing as a commissioned notary as established by rules issued by the Secretary. Such rules may include the establishment of an internet site or other means maintained by the Secretary for this purpose." (Eff. 7-1-23) Adds a new Section to Part 5, Article 1, Chapter 10B that requires each notary to maintain a journal of all notarial acts performed in the manner required for that type of notarial act, and in accordance with rules* adopted by the Secretary of State. (Eff. 7-1-23) _______________ *Note: A provision of SB 552’s Part I establishes that “no temporary or permanent rule shall become effective to July 1, 2024.” Amends Section 10B-50 by clarifying that within 45 days after a notary’s change of residence, business, or any mailing address or telephone number, the notary shall send to the Secretary of State—by an online notification to the extent it is made available by the Secretary, or by fax, e-mail, or certified mail/return receipt requested—a signed notice of the change, giving both old and new mailing and email addresses or telephone numbers. Establishes that such information provided by a notary shall be treated as if submitted in an application under G. S. 10B-7 or G. S. 10B-106. Also requires such notification to be sent to the Secretary, in the delivery methods described, when a notary legally changes their name; or becomes ineligible or unable to perform their notarial duties and resigns their commission. (Eff. 7-1-23) Requires a notary whose commission has expired, been revoked or resigned by the notary to deliver their seals to the Secretary within 45 days of the event. Requires such delivery to be made by hand delivery, courier service, certified mail, return receipt requested, or other means offered by the U.S. Postal Service allowing confirmation of delivery by signature. (Eff. 7-1-23) … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) Allows the Secretary of State to issue a warning, restriction, suspension or revocation for a violation of Chapter 10B, rules adopted pursuant to Chapter 10B, and on any ground for which an application, registration, certification, approval, or license may be denied. Clarifies that any period of restriction, suspension, or revocation shall not extend the expiration date of a commission, registration, certification, approval, or license issued pursuant to Chapter 10B. (Eff. 7-1-23) Clarifies that law enforcement agents of the Department of the Secretary of State, who have statewide jurisdiction with all the powers and authority of law enforcement officers, may conduct any investigation within or outside of North Carolina as the Secretary deems necessary to determine whether any person has violated or is about to violate any provision of Chapter 10B or the rules adopted pursuant to Chapter 10B. Further clarifies that the Secretary’s agents have the authority to assist law enforcement agencies (not limited strictly to local law enforcement agencies) in their investigations and to initiate and carry out, on their own or in coordination with other law enforcement agencies, investigations of violations. (Eff. 7-1-23) … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) Establishes that the files and records of the Secretary related to criminal investigations and enforcement proceedings undertaken pursuant to this Chapter are subject to the provisions of G.S. 132-1.4. Clarifies that the files and records of the Secretary relating to noncriminal investigations and enforcement proceedings undertaken pursuant to Chapter 10B shall not be subject to inspection and examination pursuant to G.S. 132-6 while the investigations or proceedings are pending, except as elsewhere provided by North Carolina General Statutes. (Eff. 7-1-23) Establishes that any information obtained by the Secretary from any law enforcement agency, administrative agency, or regulatory organization on a confidential or otherwise restricted basis in the course of an investigation or enforcement proceeding undertaken pursuant to this Chapter shall be confidential and exempt from General Statutes Section 132-6 to the same extent that it is confidential in the possession of the providing agency or organization. (Eff. 7-1-23) … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) Creates a fine of one thousand dollars ($1,000) for each violation of General Statutes 10B-36(e) (dealing with a vendor or manufacturer’s procedures for vetting purchasers of notary seals). Clarifies that such violation shall not preclude the vendor or manufacturer’s civil liability to parties injured by failure to comply with General Statutes 10B-36(e). (Eff. 7-1-23) Amends General Statutes Section 10B-5. Provides that, notwithstanding subdivision (8) of subsection (b) of Section 10B-5, the Secretary may allow applications for commissions to be submitted electronically, in the format prescribed by the Secretary. Requires the Secretary to establish a process for submission of the signature of the applicant prior to commissioning, which may include electronic submission. (Eff. 7-1-23) Clarifies General Statutes Section 10B-31 dealing with fees for notarial acts. Clarifies that a notary may charge a fee of $10 per notarized principal signature. Further clarifies that for an electronic acknowledgement or jurat, the notary may receive $15 per electronically notarized principal signature. Provides that for an electronic oath or affirmation without a signature, the notary may charge $15 per person, except for an oath or affirmation administered to a credible witness to touch for the identity of a principal or subscribing witness. Clarifies that a notary may charge $25 per notarized principal signature. Further clarifies that for travel fees to perform an authorized notarial act under Chapter 10B, a notary may charge actual mileage at the federal business mileage if the travel reimbursement is agreed to by the principal in writing prior to the travel. (Eff. 7-1-23) BILL PART 3 (Eff. 7-1-24 unless otherwise noted) Establishes the following new definitions* and revisions, to apply to Article I of Chapter 10B, General Statutes. _______________ *See later information in this summary on additional definitions. 1. Electronic notarial act and electronic notarization. – An official act by an electronic notary public that involves electronic documents and the personal appearance of the principal. 2. Electronic notary public and electronic notary. – A notary public who has registered with the Secretary the capability of performing electronic notarial acts and remote electronic notarial acts in conformance with this Article. 3. Deletes the existing definition for remote electronic notary public or remote electronic notary in G.S. §10B-134.1. 4. Redefines remote electronic notarial act to be “as defined in G.S. 10B‑134.1.” Makes a conforming amendment to Section 10B-105(a) and (b), Qualifications, to reflect the now-consolidated definition of “electronic notary” (notaries performing traditional electronic notarial acts for physically present principals, and remote electronic notarial acts). Specifies that this amendment is effective 7-1-23. Amends General Statutes’ Section 10B-106(a)-(f). Requires a notary to register the capability to notarize electronically or remotely with the Secretary of State, in accordance with rules* adopted by the Secretary, prior to performing such notarial acts. Establishes that registration as an electronic notary shall include authorization to perform remote electronic notarial acts if the electronic notary complies with all requirements of Chapter 10B, Article I and the Secretary’s rules related to remote electronic notarial acts. Requires that the registration shall include notifying the Secretary of all technology the electronic notary will use to create an electronic signature, and also all licensed platforms, if any, that the electronic notary will use to perform remote electronic notarizations. (Eff. 7-1-23) Allows a notary to renew an electronic notary registration at the same time that the notary applies for recommissioning. _______________ *Note: A provision of SB 552’s Part I establishes that “no temporary or permanent rule shall become effective to July 1, 2024.” … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) Requires that within 10 business days after change of any registration information required of an electronic notary (this term now includes notaries performing traditional electronic notarial acts for physically present principals, and notarizations and remote electronic notarizations) the notary shall electronically notify the Secretary of State (using the Secretary’s provided method) and sign the notice in the official name in which the electronic notary was commissioned. (Eff. 7-1-23) Establishes that before performing electronic or remote electronic notarial acts, a notary must take a course of instruction of at least four hours approved by the Secretary, and pass an examination based on the course. Clarifies that notaries taking this electronic notarization course are still required to take the general education course required in Article I, Chapter 10B. (Eff. 7-1-24) Requires that when performing an electronic or remote electronic notarization, certain components must be attached to, or logically associated with, the electronic document by the electronic notary. Specifies that such components must be immediately perceptible and reproducible in the electronic record to which the notary’s electronic signature is attached: 1. The notary’s name, state, and county of commissioning exactly as stated on the commission issued by the Secretary; 2. The words “Electronic Notary Public” or “Electronic Notary Public Utilizing Communication Technology,” as applicable. (Eff. 7-1-24) … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) Adds compromise of the notary’s electronic seal or electronic signature to the existing list of events requiring a notary to notify appropriate law enforcement in the case of theft or vandalism; and notify the appropriate register of deeds and the Secretary in writing and signed in the official name in which the notary is commissioned. (Eff. 7-1-24) … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) Changes the time frame within which an electronic notary must produce any record required by rule adopted by the Secretary of State, from within 10 days of the request to “within the time period set out in the Department’s request.” (Eff. 7-1-24) Amends existing law by specifying that upon resignation, revocation or expiration of an electronic notary commission, or death of the notary, all notarial records required by statue or rule shall be delivered to an approved custodian selected by the notary (currently the Secretary of State). (Eff. 7-1-24) Clarifies that if an electronic notary contracts with an approved provider of an electronic seal and electronic signature or licensed platform for a device used to create electronic signatures or for electronic notarization or remote electronic notarization services, and the contract either expires or is changed during the electronic notary's term of office, the notary shall cease performing electronic and remote electronic notarizations until: 1. A new contract is executed or a new device is duly issued or registered to the notary; and 2. An electronically signed notice is sent to the Secretary that shall include the starting and expiration dates of any new registration or contract term and any other new information at variance with information in the most recently executed electronic registration form." (Eff. 7-1-24) Requires notification to the Secretary of State within 45 days under Section 10B-128(a), General Statutes, when a notary or notary’s duly authorized representative has erased, deleted, or destroyed the coding, disk, certificate, card, software, file, or program that enables electronic affixation of the notary's official electronic signature. Clarifies that a former electronic notary whose previous commission or application was not revoked or denied by the Secretary need not erase, delete, or destroy the coding, disk, certificate, card, software, file, or program enabling electronic affixation of the official electronic signature if he or she is recommissioned and reregistered as an electronic notary using the same electronic signature and the same licensed platform, if any, within three months after commission expiration. (Eff. 7-1-24) Modifies existing definitions and creates new definitions in Section 10B-134.1, General Statutes. (Only amended or new numbered items are shown.) 1. Communication technology. – An electronic device, process, or system that allows … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) 3a. Custodial services. – Services approved by the Secretary and selected by the notary to provide long‑term storage of the electronic journal and communications technology recordings. 3b. Custodian. – The person providing the custodial services. The custodian may but need not be the same as the depository. 3c. Depository. – The person or platform providing the depository services. 3d. Depository services. – Storage services provided by the platform of the electronic journal entries and communications technology recordings as they are entered. … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) 4a. Geolocation. – Identification of the geographical location of a remotely located principal or device used by a remotely located principal through digital information processed via the internet. 6. Platform. The online platform utilizing the communication technology, credential analysis, and identity proofing and including communication technology recordings, geolocation, electronic journals, and depository services in order to perform the remote electronic notarial act. 7. Remote electronic notarial certificate. – The portion of a notarized electronic document that is completed by the a. The b. The facts attested to by the c. A statement in the acknowledgement, jurat, or verification certificate identifying where the remotely located principal was physically located at the time of the remote electronic notarization. d. A statement that the notarization is a remote electronic notarization performed using communication technology by … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) 10. Remotely located principal. – A principal who is not in the physical presence of the … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) (10a) Self‑attestation. – A remotely located principal's written, verbal, or electronic declaration and confirmation of that remotely located principal's geographical location at the time of the remote electronic notarial act given under penalty of perjury. … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) 12. Third‑party vendor. – Any person providing credential analysis, identity proofing, or custodial services to … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) Prohibits an electronic notary from performing a remote electronic notarial act is the notarial act would be a verification or proof. Removes a death beneficiary form requiring an acknowledgment from the statutory list of documents that may not be notarized remotely. (Eff. 7-1-24) … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) Clarifies that the communication technology used by an electronic notary to perform a remote electronic notarization shall have sufficient video quality to allow a clear and unobstructed visual observation of the face of each participant and the documented presented by the remotely located principal during credential analysis for a sufficient time to allow the electronic notary to verify the remotely located principal’s identity under G. S. 10B-134.11. (Eff. 7-1-24) Requires that prior to performing a remote electronic notarial act, the electronic notary shall be assured that the remotely located principal does not appear, in the judgment of the electronic notary, to be incompetent, lacking in understanding of the nature and consequences of the transaction requiring the notarial, or acting involuntarily, under duress, or undue influence. Provides that if the remotely located principal is a member of the Armed Forces of the United States, or the spouse or dependent of the member, as described in General Statutes 10B-134.1(10)b., the electronic notary may rely on that remotely located principal’s written, verbal, or electronic declaration and confirmation under penalty of perjury as to the remotely located principal’s location and military or familial status. (Eff. 7-1-24) … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) Allows a remotely located principal’s location to be verified by geolocation via the communication technology, or by self-attestation. (Eff. 7-1-24) Requires that in addition to prohibitions contained in General Statutes 10B-134.3 and 10B-20, an electronic notary shall refuse to perform a remote electronic notarization if the electronic notary has reasonable grounds to believe the remotely located principal appears, in the judgment of the electronic notary, to be incompetent, lacking in understanding of the nature and consequences of the transaction requiring the notarial act, or acting involuntarily, under duress, or undue influence. Clarifies that an electronic notary’s obligation to refuse to notarize when the notary’s electronic signature and seal cannot be attached to the electronic document does not apply when the requested notarial act is administration of an oath not associated with a document. Also clarifies that an electronic notary’s obligation to refuse to notarize because the notary’s electronic notarial certificate and seal cannot be attached to the electronic document does not apply when the requested notarial act is an oath not associated with a document. (Eff. 7-1-24) … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) Amends existing law to clarify that an aggrieved person is not prevented from using failures in the remote electronic notarization process, along with other grounds, to challenge a remote electronic notarization’s validity or enforceability on the basis of multiple stated circumstances, including incompetence (not “incapacity” as originally enacted in Section 10B-134.9(e)). (Eff. 7-1-24) … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) Amends General Statutes Section 10B-134.15 to clarify that rules adopted by the Secretary shall authorize a third-party vendor, including a licensed platform, to act as a depository or custodian of electronic journals, and makes other conforming amendments. Clarifies that an electronic notary may surrender the electronic journal to the electronic notary’s employer upon termination of employment, if the electronic journal consists of remote electronic notarizations made in the conduct of the employer’s business, but also requires the electronic notary to keep and maintain an accurate backup copy of the journal for 10 years after the last remote electronic notarization entered into it. (Eff. 7-1-24) … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) Requires an electronic notary to comply with the requirement that all records of journal entries and communication technology recordings be securely stored in a depository* under control of the electronic notary or with a custodian* duly appointed by the notary. Requires an appointed custodian to be a third-party vendor approved by the Secretary. (Eff. 7-1-24) _______________ *See the definitions of “depository” and “custodian” in Part 3 of SB 552. Provides that the failure of an electronic notary to produce any record required by (the Secretary’s) administrative rules, within the time period set out in the Secretary’s request, shall result in the Secretary suspending the electronic notary’s North Carolina notary commission, until the Secretary reinstates the commission. (Eff. 7-1-24) Clarifies that the Secretary’s required rules to establish standards, procedures, practices, forms, and records relating to remote electronic notarial acts shall include at least all the following: 1. Any additional educational requirements for electronic notaries. regarding remote electronic notarizations. 2. The contents and security of the electronic journal. 3. The security standards, features, qualifications, measures, storage, and any other matter related to communication technology, credential analysis, identity proofing, and depository and custodial services. 4. The requirements of secure storage of all communication technology recordings, the electronic journal, and any other documentation under the control of the electronic notary regarding the remote electronic notarial act. (Eff. 7-1-24) Requires all licensees and third-party vendors to meet all standards established by the Secretary under this Part for the provision of services to electronic notaries in North Carolina, for remote electronic notarization services. Clarifies that the Secretary at the Secretary’s discretion may require a licensee or third-party vendor to provide an electronic notary with proof that a remote electronic notarization issue was caused in whole or in part by the licensee or third-party vendor’s technology. Also clarifies that a licensee or third-party vendor whose technology is restricted, suspended, discontinued, revoked, or not renewed for any reason shall work with electronic notaries using their services to ensure access and, if necessary, ease transition to a different licensee or third-party vendor, and may not deny its electronic notary customers access. (Eff. 7-1-24) Clarifies that rules adopted by the Secretary to establish standards, procedures, practices, forms, and records relating to remote electronic notarial acts shall also include any additional educational requirements for notaries regarding remote electronic notarizations; identity proofing; and depository and custodial services. … (This triple-period punctuation indicates rule text omitted from final publication of the rule because the omitted text was not revised.) Requires that a licensee or third-party vendor whose technology is restricted, suspended, discontinued, revoked, or not renewed for any reason shall work with electronic notaries using the services of that licensee or third-party vendor to ensure access and ease transition to a different licensee or third-party vendor. Prohibits such licensees or third-party vendors from denying its electronic notary customers access. Makes numerous conforming amendments, primarily to change “”remote electronic notary” to “electronic notary.” (Senate Bill 552’s Part 4 is the enacting clause.) |
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| OKLAHOMA - SB 57 Eff. 11-1-24 View this bill Amends certain required measurements of documents filed with a county clerk for recording, and affecting specific real property (whether a conveyance, encumbrance, assignment, or release of encumbrance, lease, assignment of lease or release of lease). Specifies that the top margin of all such documents shall be at least two (2) inches and all other margins shall be at least one (1) inch. ------------------------------ OKLAHOMA – SB 468 Eff. 11-1-24 View this bill Creates the Oklahoma Uniform Electronic Estate Planning Documents Act. Provides for a new section of law to be codified in the Oklahoma Statutes as Section 922 of Title 84 This new section of law will allow an individual to create a certified paper copy of an electronic non-testamentary estate planning document, by affirming under penalty of perjury that the paper copy is a complete and accurate copy of the document. Commentary: other states provide for production of these types of copies by authorizing a notary public to certify that a paper copy of a record is a complete and accurate copy of the record. -------------------------------------------- OKLAHOMA – HB 1792 Eff. 1-1-26 Email kathleen@asnnotary.org for a copy of this bill. Creates the Uniform Estate Planning Documents Act. Authorizes trusts, powers of attorney and other types of estate planning documents to be executed in electronic form, including being electronically notarized for a physically present or remotely present principal. Provides that neither electronic non-testamentary estate planning documents nor electronic signatures can be denied legal effect solely because they are electronic. --------------------------------- OKLAHOMA - SB 556 Eff. 11-1-24 View this bill Adds, to the conditions under which the Secretary of State may deny, refuse to renew, or revoke a commission as a notary public, a person’s failure to comply in good faith with the requirements set forth in Oklahoma Statutes Title 49, Section 113 (setting forth the requirements for performance of the notarial acts authorized under Oklahoma law). Creates the following new statutory provision: A notarial officer who performs a notarial act pursuant to this section without first making in good faith the required determination of the identity of the person appearing before the notary shall be guilty of a misdemeanor and upon conviction be subject to a fine not to exceed One Thousand Dollars ($1,000.00), to imprisonment in the county jail not to exceed ten (10) days, or both such fine and imprisonment. |
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| OREGON – HB 2029 Effective 1-1-24 View this bill Establishes that, except as provided in ORS 205.327*, a county clerk shall not accept any instrument for recording unless the text of the instrument is typed, written or printed in 10-point type (formerly 8-point type) or larger, on paper of sufficient quality for recording photographically and that is not larger than 14 inches long and 8.5 inches wide. _______________ *ORS 205.327 provides that when an instrument required or permitted by law to be recorded is presented for recording but does not comply with certain statutory requirements for recording, the county clerk shall record the instrument but shall charge and collect in advance a penalty of $20 in addition to the fees for recording the instrument. |
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| SOUTH DAKOTA – SB 211 Eff. 7-1-24 View this bill Substantially amends South Dakota law dealing with recording or filing of documents with the state’s registers of deeds, in order to accommodate electronic documents, electronically signed and notarized. Enacts new statutory provisions. Expands the reasons that an “original signature” may not be required for any document to be recorded or filed in a register of deeds’ records, by amending the law to accommodate signatures executed and notarized electronically. Clarifies that an “original signature” may not be required for recordation or filing with a register of deeds when the document to be recorded is a printed copy of an electronic record, produced in compliance with newly enacted law (see this bill’s section 7). Requires a register of deeds to accept for record a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a signature on a record accepted for recording be an original, if the officiating notarial officer certifies in a notarial certificate that the tangible copy is an accurate copy of the electronic record. Provides the mandatory wording for a notarial certificate authenticating a printed tangible copy of an electronic record. Defines “document” or “record” as information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Defines “identity proofing” as a process or service by which a third party provides a notarial officer with a reasonable means to verify the identity of an individual by review of personal information from public or proprietary data sources. Clarifies that the statutory definition of “notarial act” pertains to notarial acts performed with respect to tangible or electronic records. Defines “official seal” as a seal, stamp or physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record. Expands the statutory definition of a notarial officer’s “personal knowledge” of an individual’s identity, by including the notarial officer’s ability to reasonably identify the individual by two different methods of identity proofing. Defines “remotely located person” as a person who is not in the physical presence of the notary. Defines “tamper-evident” as any change to an electronic record resulting in display of evidence of the change. Clarifies certain requirements for a notarial officer’s official seal. Amends the term “seal” to “official seal.” (See new “official seal” definition above.) Requires rubber seals and electronic seals to be a type approved by the Secretary of State. Clarifies that both rubber stamp seals and electronic seals must contain the seal’s required words and seal within the mandatory, surrounding border. Amends the definition of “personal knowledge,” to accommodate a notarial officer’s ability to reasonably identify an individual by use of two different methods of identity proofing. Requires a notarial officer wishing to perform notarial acts with respect to electronic records to select at least one tamper-evident electronic notarization system with which to place the signature and official seal of the notarial officer on electronic records. Prohibits a person from requiring a notarial officer to perform a notarial act with respect to an electronic record with a system that the notarial officer has not selected. Requires a notarial officer to notify the Secretary of State, on forms prescribed by the Secretary, of the names of each tamper-evident notarization system used by that notarial officer for notarization of electronic records. Authorizes a South Dakota notarial officer, located in South Dakota, to perform a notarial act executed on an electronic record by a person not in the notarial officer’s physical presence, but observed by the notarial officer by means of video communication technology and subject to the following requirements. The notarial officer must: • Have personal knowledge, by means of two different methods of identity proofing, that the person has the identity being claimed; • Affix the notarial officer’s signature to the electronic record executed by the person; • Indicate, in the notarial certificate: o the remote location of the person executing the document; o that the notarial act involved a statement made or a signature executed by a person not in the physical presence of the notarial officer, but appearing by means of video communication technology and a tamper-evident electronic notarization system; and • Create an audio-visual copy of the performance of the notarial act for the remotely located person. Requires that notarial certificates for acts performed for remotely located persons must be in substantially the following form: State of South Dakota County of ______________________ss On this _________ day of _________________, in the year _______, before me, _______(Notary’s Name)__________, the undersigned officer, appeared _______(Signer’s Name)__________ with a remote location of _______(City/State)__________, of whom I have personal knowledge by identity proofing and whom I positively identified as the person whose name is subscribed to the within instrument, appeared before me not in my physical presence but by means of a tamper-evident electronic notarization system, and I observed his/her execution of the same for the purposes contained therein and confirm that I affix my official seal to the same instrument so executed. Requires a notarial officer to retain an electronic audio-visual copy of each notarial act involving use of a tamper-evident notarization system for 10 years from the date of performance of the notarial act. Provides such copy or copies to be retained by the notarial officer, or by the guardian, conservator, or personal representative of an incapacitated or deceased notarial officer. Allows these audio-visual copies to be held instead by a repository designed by or on behalf of the notarial officer. Establishes that the failure of a notarial officer to perform a duty or meet a requirement specified by law does not invalidate a notarial act performed by the notarial officer. Provides that the validity of a notarial act does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act, or from seeking other remedies based on South Dakota law or United States law. Clarifies that these provisions do not validate a purported notarial act performed by an individual who is not authorized to perform notarial acts. Authorizes the Secretary of State to promulgate rules in accordance with applicable South Dakota law, and provides that the rules shall: create standards for online notarial acts in accordance with South Dakota’s Revised Uniform Law on Notarial Acts (RULONA), including standards for credential analysis, identity proofing, and communication technology used for online notarial acts; and ensure the integrity, security, and authenticity of online notarial acts in accordance with the RULONA. Makes numerous stylistic (clarifying, but non-substantive) amendments. |
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| TENNESSEE – HB 647 Eff. 7-1-24 View this bill Specifies that a party requesting a patient's medical records in paper format is responsible to the provider, or to the provider's third-party release-of-information provider, for the “reasonable costs” of copying and mailing the patient's records. Sets maximums for such “reasonable costs.” Specifies a “reasonable” flat fee of no more than $20 per certification or notary fee, if certification or notarization is requested. ---------------------------------------------- TENNESSEE - HB 2537 Eff. 4-22-24 View this bill Authorizes former and current attorneys general to opt-in to performing marriages by filing notice, with the office of vital records, of intention to solemnize the rite of matrimony. ----------------------------------------- TENNESSEE – SB 2581 Eff. 3-27-24 View this bill (Relevance: Tennessee notaries public are authorized by law to perform marriage ceremonies.) Amends Tennessee Code Annotated, Section 36-3-104(a), dealing with issuance of a marriage license. Deletes this section’s prior wording and fully replaces it. The new wording provides that a county clerk or deputy clerk shall not issue a marriage license until the applicants make an application. Specifies that the application shall be in writing, and must state the names, ages, current addresses, and social security numbers of both the parties wishing to be married. Requires an applicant under 18 years of age to also include the name and current address of the applicant’s parents, guardian or next of kin. Requires the application to be sworn-to by both applicants. Provides for specific special circumstances of certain applicants, including an applicant who is incarcerated and an applicant who has a disability preventing the applicant from appearing. |
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| TEXAS – SB 1780 Effective 1-1-24 View this bill Senate Bill amends Texas’ remote notarization law (one of the earliest in the United States to be enacted) by authorizing an online notary public to perform an online notarization involving a tangible document. Defines key terms: 1. “Document” — a tangible instrument or electronic document. 2. “Sign” — means, with present intent to authenticate or adopt a record, to: (a) execute or adopt a tangible symbol; or (b) execute an electronic signature, as defined by Section 322.002, Texas Business & Commerce Code. 3. “Signature” – a tangible symbol or electronic signature that evidences the signing of a record executed or adopted by a person with the intent to sign the document. Clarifies that the electronic record of notarized electronic documents kept by an online notary must include the date and time of the online notarization performed. Further clarifies that the online notary’s electronic record of notarized documents can be with respect to electronic or tangible documents. Requires that for documents that are tangible instruments, an online notary public shall keep a record of the documents notarized by the online notary public using the notary’s tangible symbol (signature). Requires each such record to contain the same elements required by Section 405.108, Government Code, Subsection (a) for an electronic record. Specifies that an online notary public shall authenticate all online notarizations with the online notary public’s electronic seal, if the online notarization was performed with respect to an electronic document; or the online notary public’s seal of office as provided under Government Code Section 406.013 (the notary’s ink-stamp seal or embosser), if the online notarization was performed with respect to a tangible document. Amends current law to clarify that in performing an online notarization, an online notary public shall verify the identity of a person signing a document at the time of the online notarization by using two-way video and audio conference technology in accordance with Texas’ notary law. Amends current law to add that the notarial certificate (electronic or tangible, as appropriate) must also indicate if the principal’s signature on the record was a tangible symbol or an electronic signature. Creates new Government Code Sections 406.1103 and 406.1107, establishing online notarization procedures for tangible documents. Establishes that in performing an online notarization in which the principal signs with a tangible symbol and not an electronic signature, an online notary public shall reasonably confirm that a document before the online notary public is the same document in which the principal made a statement or on which the principal executed a signature. Provides that an online notary public satisfies the requirement of new Section 406.1103, Subsection (a) to take an acknowledgment of a signature on a tangible document if: 1. during a video and audio recording described by Section 406.108(a)(6): (a.) the acknowledgment is displayed to and identified by the principal; and (b.) the principal signs the document and a declaration in substantially the following form that is a part of or securely attached to the document: "I declare under penalty of perjury that the document of which this declaration is a part or to which it is attached is the same document on which (name of online notary public), an online notary public, performed an online notarization and before whom I appeared by means of two-way video and audio conference technology on (date). ________________________ (Signature of principal) ________________________ (Printed name of principal)"; 2. the principal sends the document and declaration to the online notary public not later than the third day after the date the online notarization was performed; and 3. the online notary public: (a.) in the video and audio recording under Subdivision (1), records the principal signing the document and declaration; (b.) receives the document and declaration sent by the principal under Subdivision (2) not later than the 10th day after the date the online notarization was performed; and (c.) after receipt of the document and declaration from the principal, executes a notarial certificate that includes a statement in substantially the following form: "I, (name of online notary public), witnessed, by means of video and audio conference technology, (name of principal) sign the attached document and declaration on (date)". Provides that an online notarization performed in compliance with Government Code Section 406.1103(b) complies with any requirement regarding the execution of a notarial certificate and is effective on the date the principal signed the declaration under Subsection (b)(1)(B). Establishes that a notarial certificate executed in the form described by Subsection (b)(3)(C) may be relied on as conclusive evidence of compliance with Subsections (b)(2) and (b)(3)(B). Clarifies that the provisions of Subsection (b) do not preclude use of another procedure to satisfy Subsection (a) for an online notarization performed with respect to a tangible document. Establishes online notarization procedures for oaths or affirmations. Specifies that an online notary public may administer an oath or affirmation to a principal as an online notarization if, except as otherwise provided by other law of this state, the online notary public: 1. identifies the principal under Government Code Section 406.110(b); 2. creates or causes the creation under Government Code Section 406.108 of a video and audio recording of the principal taking the oath or affirmation; and 3. retains or causes the retention under Government Code Section 406.108 of the recording. Makes various conforming amendments. |
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| UTAH - HB 8 Eff. 4-17-24 View this bill Removes notaries public from the list of those who may be given by anothwer person a written letter removing the person's name from a petition. ------------------------------- UTAH – HB 25 Eff. 5-1-24 View this bill Expands existing law’s definition of “electronic notarization” by defining it to mean a remote notarization or, notarization of a document—in an electronic format and conforming to any administrative rules of the director of elections in the Office of the Lt. Governor—that may be recorded electronically under Utah Code Annotated §17-21-18.5. Clarifies that rulemaking authority for electronic notarization is not limited to matters pertaining only to remote notaries and remote notarizations (the authority also extends to matters pertaining to electronic notarization and notaries who are performing electronic notarizations for physically present individuals). Clarifies existing law’s definition of “electronic seal,” through amendments that enable the definition to apply to any type of Utah notary completing an electronic notarization. Specifies that except as otherwise provided in existing law, an individual may not create, obtain, or possess an electronic seal unless the individual is a notary, and the electronic seal complies with the standards established by administrative rule as authorized by Utah Code Annotated § 46-1-3.7(1)(d). Updates multiple statutory citations. |
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| VIRGINIA – HB 1372 Eff. 7-1-24 View this bill Amends existing law, by adding a knowledge-based authentication assessment to the methods by which a Virginia notary public may obtain satisfactory evidence of identity of an individual. Defines “knowledge-based authentication” (a quiz composed of at least five questions related to the principal’s personal history or identity, in which the person scores at least an 80% pass rate). Further amends existing law, by clarifying that a credible witness relied upon by a notary to identify a principal shall personally know the principal, and either be personally known to the notary or identified by means of at least two of the following: (1) credential analysis of an unexpired government-issued identification bearing a photograph of the principal's face and signature; (2) identity proofing by an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, including any supplements thereto or revisions thereof; (3) another identity proofing method authorized in guidance documents, regulations, or standards adopted pursuant to § 2.2-436; (4) a valid digital certificate accessed by biometric data or by use of an interoperable Personal Identity Verification card that is designed, issued, and managed in accordance with the specifications published by the National Institute of Standards and Technology in Federal Information Processing Standards Publication 201-1, "Personal Identity Verification (PIV) of Federal Employees and Contractors," and supplements thereto or revisions thereof, including the specifications published by the Federal Chief Information Officers Council in "Personal Identity Verification Interoperability for Non-Federal Issuers"; or (5) a knowledge-based authentication assessment. Modifies the definition of “satisfactory evidence of identification.” (NOTE: existing forms of traditional, documentary evidence of identification, such as a state-issued driver’s license, were not amended under this new law.) ----------------------------------- VIRGINIA – HB 986 Eff. 7-1-24 View this bill Increases, to $10, the current $5 per-act fee that a Virginia notary public may charge for taking acknowledgments; administering and certifying an oath or affirmation; certifying affidavits and depositions of witnesses; or certifying that a copy of a document is a true copy thereof. ------------------------------------------------------ VIRGINIA – SB 8 Eff. 7-1-24 View this bill Eliminates, for persons seeking recommission as a notary public or electronic notary public, the requirement to take the oath of office. Conditions this waiver on any such applicant being in good standing as a notary public or electronic notary public, not being subject to any investigation or proceeding, and never having been removed from office pursuant to Chapter 5 (§47.1-24 et seq.) |
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| WASHINGTON – WSR 24-11-162 Eff. 6-22-24 https://services.statescape.com/RegsText/StaticDownloads/276488_477812.pdf Increases the maximum fee a Washington State notary public may charge for performance of a notarial act, from $10 to $15. The following notarial acts, for which a notary may charge $15, are specified in the rule: witnessing or attesting a signature; taking an acknowledgment; taking a verification on oath or affirmation; certifying or attesting a copy; administering an oath or affirmation; certifying that an event has occurred or an act has been performed. The rule also specifies that a duly authorized Washington State notary public, performing a remote notarial act, may charge a maximum fee of $25 for such act. The rule further provides that a notary public: 1. need not charge for notarial acts; 2. may not charge fees for receiving or noting a protest of a negotiable instrument; 3. may additionally charge the actual costs of copying any instrument or record; 4. may charge a travel fee when traveling to perform a notarial act if the notary and the individual agree upon the travel fee in advance of the travel and, the notary explains that the travel fee is in addition to the notarial-act fee and is not required by law. Additionally, the rule provides that a (duly authorized) notary public may charge a maximum fee of $25 to perform a remote notarial act. ------------------------------ WASHINGTON – HB 1889 Eff. 7-1-24 View this bill Amends the qualifications for obtaining a Washington notary public commission, by striking the requirement that a notary commission applicant be a citizen or permanent legal resident of the United States. (Elimination of the citizen-or-permanent-legal-resident requirement affects numerous other Washington state license types, as well.) |
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| WEST VIRGINIA – HB 5332 Eff. 2-2-24 View this bill Amends West Virginia’s Revised Uniform Law on Notarial Acts, by requiring only applicants not commissioned as a notary public prior to January 1, 2018 to have a high school diploma or its equivalent. |
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| WISCONSIN - SB 626 Eff. 3-23-24 View this bill Provides that a limited financial power of attorney for a real estate transaction may be notarized by means of remote online notarization. ----------------------------- WISCONSIN – SB 898 Eff. 3-23-24 View this bill Authorizes and creates a process allowing for the remote notarization of an “estate planning document.” Authorizes the remote notarization of an estate planning document where a remotely located individual appears before a notary public via two-way, real-time audiovisual communication technology if all the following apply: 1. The signing is supervised by an attorney in good standing licensed to practice law in Wisconsin. The supervising attorney may serve as the notary public. 2. The remotely located individual attests to being physically located in this state during the two-way, real-time audiovisual communication. 3. The notary public attests to being physically located in this state during the two-way, real-time audiovisual communication. 4. The remotely located individual positively confirms the remotely located individual’s identity. If the remotely located individual is not personally known to the notary public and the supervising attorney, the remotely located individual must provide satisfactory evidence of the remotely located individual’s identity as provided under current law. 5. The remotely located individual identifies anyone else present in the same physical location as the remotely located individual. If possible, the remotely located individual must make a visual sweep of the remotely located individual’s physical surroundings so that the notary public and the supervising attorney can confirm the presence of any other persons. 6. The remotely located individual displays the estate planning document, confirms the total number of pages and the page number on which the remotely located individual’s signature is to be affixed, and declares to the notary public and the supervising attorney that the remotely located individual is 18 years of age or older, that the document is the remotely located individual’s estate planning document, and that the document is being executed as a voluntary act. 7. The remotely located individual, or another individual 18 years of age or older authorized to sign on behalf of the remotely located individual at the express direction and in the physical presence of the remotely located individual, signs the estate planning document in a manner that allows the notary public and the supervising attorney to see the signing. If the estate planning document is signed by someone on behalf of the remotely located individual, the signing must comply with current law. 8. The audiovisual communication technology used allows communication by which a person is able to see, hear, and communicate in an interactive way with another person in real time using electronic means, except that if the remotely located individual, the notary public, or the supervising attorney has an impairment that affects hearing, sight, or speech, assistive technology or learned skills may be substituted for audio or visual if it allows that person to actively participate in the signing in real time. 9. The estate planning document indicates that it is being executed pursuant to the provisions of the act. 10. The estate planning document is signed and notarized as provided by the act and, within a reasonable time after the signing and performance of the notarial act, is personally delivered or transmitted by U.S. mail or commercial carrier to the supervising attorney. 11. The supervising attorney completes and attaches to the estate planning document an affidavit of compliance as provided by the act. The act specifies the content and form of the affidavit of compliance that the supervising attorney must use. Defines “estate planning document” to mean any of these: (a) a will or a codicil; (b) a declaration of trust or other document creating a trust as provided under current law or an amendment to a declaration of trust or other document creating a trust; (c) a certification of trust as provided under current law; (d) a power of attorney for finances and property; (e) a power of attorney for health care; (f) a marital property agreement or an amendment to a marital property agreement; (g) a written instrument evidencing a nonprobate transfer pursuant to current law; (h) a declaration to health care professionals; (i) an authorization for final disposition; (j) an authorization for use and disclosure of protected health information; (k) an instrument of disclaimer as provided under current law; or (l) an instrument exercising a power of appointment as provided under current law. Specifies that a witness for a declaration to health care professionals must be 18 years of age or older, and requires an individual who signs on behalf of a declarant executing an authorization for final disposition to also be 18 years of age or older. (Source: Wisconsin Legislative Council Act Memo, March 26, 2024) ---------------------------------------- WISCONSIN – AB 1099 Eff. 3-31-24 View this bill Amends Wisconsin’s Revised Uniform Law on Notarial Acts, as follows. Requires every notary public to have an official stamp that satisfies the requirements of Wis. Stat. §140.17(1m). The official stamp—which may be an ink-stamp or embosser—must include the notary public’s name, the words “Notary Public” and “State of Wisconsin,” and other information required by the Department of Financial Institutions. Retains an existing requirement that every qualified notary public commission applicant shall file their signature, post-office address and an impression or imprint of their official stamp with the department, but clarifies that the imprint shall be submitted on a tangible record. Provides that a notary public’s official stamp may (not “must”) include the notary public’s commission expiration date, if applicable. Clarifies that a notary public’s official stamp shall include no other information except the notary’s name, “Notary Public,” “State of Wisconsin” and the commission expiration date (if the notary elects to include the commission expiration date on the stamp). Amends existing law to specify that a Wisconsin notary public shall include the notary’s commission expiration date on each notarial certificate the notary completes (or that the commission is permanent, if applicable). Clarifies that this information may be part of an official stamp affixed to or embossed on the notarial certificate; it may be written on the certificate if the record and certificate are tangible (paper); or it may be attached-to/logically associated with the notarial certificate of an electronic document (record). Provides that the impression or imprint of the official stamp on a tangible record, or the impression upon wafer, wax, or other adhesive substance and affixed or embossed on a tangible record, shall be deemed an affixation or embossing of the official stamp under Wis. Stat. §140.15(2). Makes various conforming amendments. |
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