Notary Law Updates
| 2023 - 2024 Adopted/Enacted Notary Legislation Page Last Updated: July 24, 2024 CLICK HERE to view previous years' Notary Law Updates from the American Society of Notaries. |
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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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| ARIZONA – SB 1291 Effective 10-29-23 (or 90 days after sine die) View this bill Establishes the conditions under which a supported decision-making agreement may be made by an adult. Requires such supported decision-making agreements to be signed by the adult and supporter in the presence of two or more subscribing witnesses at least 18 years of age, or a Notary Public. Prescribes the signature process for such agreements. Specifies that when person who wishes to make a supported decision-making agreement is physically unable to sign or mark the agreement, the witness or notary shall verify on the document that the person directly indicated (to the notary or witness) that the agreement expressed the person’s wishes and that the person intended to adopt the agreement at that time. |
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| CALIFORNIA – AB 2582 Eff. 1-1-25 View this bill Provides that, if a candidate for elective office in California will not be within the State of California within the entire nomination period and is unable to appear before a California notary public to complete their declaration of candidacy, the candidate may appear before a notary public in another state to complete the declaration of candidacy. Requires the candidate to attach, to their declaration of candidacy, the out-of-state notary’s completed notarial certificate that complies with the law governing the out-of-state notary performing the notarial act. ------------------------------------ CALIFORNIA – SB 1525 Eff. 1-1-25 View this bill Amends several sections of California’s Government Code relating to notaries public. These changes are clarifying or technical in nature and affect Government Code Sections 8214.1(q), 8231.8(d)(1), 8231.18(c)(1)(A)(vi), 8231.18(d)(3) and 8231.18(d)(4)(A). ------------------------------------ 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 – HB 1248 Eff. 1-1-25* View this bill (see bill’s Page 7) Provides that if any Colorado law requires a signature or record to be notarized, acknowledged, verified or made under oath, that requirement is satisfied with respect to an electronic non-testamentary estate planning document, if the individual authorized to perform the notarization, acknowledgment, verification or oath attaches or logically associates their electronic signature on the document together with all other information required to be included under the other law. __________ *HB 1248 Effective Date Clause: “This act takes effect January 1, 2025; except that, if a referendum petition is filed pursuant to Section1(3) of Article V of the State Constitution against this Act or an item, section, or part of this Act within the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2024 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.” --------------------------------------------------------------------- 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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| CONNECTICUT—SB 1040 Effective 10-1-23 View this bill With the passage of Senate Bill 1040, the Constitution State has approved enactment of a version of remote online notarization that differs markedly from that authorized in most other states. Defines key terms: “communication technology,” “identity proofing,” “outside the United States,” and “remotely located individual.” Specifies multiple circumstances (and refers to correlating Connecticut statutes) under which use of remote online notarization is prohibited. Expressly prohibits remote notarizations to be performed for acknowledgments involving certain estate documents (which are specified in the bill). Provides requirements for remote online notarization that appear to contemplate only tangible documents (not electronic documents). Requires the individual and notary to communicate simultaneously, in real time, by sight and sound using communication technology. Additionally requires the notary to reasonably identify the remotely located individual at the time of notarization using one of more of the following methods: • personal knowledge of the individual; • the individual’s presentation of a government-issued identification document or record that is unexpired and includes the individual’s photo, name and signature; • not less than two different types of identity proofing processes or services by which a third person provides a means to verify the identify of the individual through a review of public or private data sources; or • oath or affirmation of a credible witness who is in the physical presence of either the notary or the individual, or who is able to communicate in real time with the notary and the individual by sight and sound through an electronic device or process at the time of the notarization, if the credible witness has personal knowledge of the individual and has been reasonably identified by a method authorized under the new law.* ______________ *Note: Notably absent from these requirements is retention of an audio-video recording of notarizations performed remotely using communications technology.) Limits the use of remote notarization by a Connecticut notary by establishing that, when the remotely located individual is physically located outside of Connecticut or outside of the United States, the record being notarized must be intended for filing or presentation in a matter before a court, governmental entity, public official or other entity subject to the jurisdiction of Connecticut; involve property located in the territorial jurisdiction of Connecticut or a transaction substantially connected to Connecticut; or otherwise not be prohibited by Connecticut law to be notarized outside of the state. Denies recognition by Connecticut of a remote notarial act performed by notaries of another state that involves any conveyance of Connecticut real estate, or any mortgage or release of mortgage or lien with respect to any Connecticut-located real estate. Requires that once the record is remotely notarized in accordance with the new law’s requirements, the individual must mail the signed, original (tangible) document to the notary public or otherwise cause it to be delivered to the notary public, who will then complete the notarial certificate on the document using the notary’s “commission signature and official stamp or seal.” Provides that the date and time of a notarization performed pursuant to the new law shall be the date and time when the notary witnessed the signature being performed (executed) by means of communication technology. Clarifies that nothing in the new law shall affect the authority of a notary public to refuse to perform a notarial act or require a notary public to perform a notarization remotely with respect to an electronic record for an individual not in the physical presence of the notary, or using a technology that the notary has not selected. Authorizes the Secretary of State to adopt regulations in accordance with the provisions of Chapter 54, Connecticut General Statutes, regarding performance of a notarial act for a remotely located individual. Specifies the allowed scope of such regulations. Requires the Secretary—prior to adopting or amending regulations governing performance of notarial acts for remotely located individuals—to consider certain information, standards, practices, customs, and views of governmental officials, entities and other interested persons. |
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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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| GEORGIA – HB 1292 Relevant Bill Section Eff. 1-1-25 View this bill on GA General Assembly website; select “Current Version.” Amends Titles 44 and 45 of the Official Code of Georgia Annotated. Requires that real estate documents presented by “self-filers” (a defined term) be submitted using electronic filing. Requires the promulgation of rules and regulations by the Georgia Superior Court Clerks' Cooperative Authority, to ensure that persons presenting electronic documents for recording provide sufficient identifying information. Establishes provisions for maintaining the confidentiality of such information, and that it may be released only to parties specified in the law. Amends existing notary law (OCGA §45-17-8(e)) by specifying that a notary public shall confirm the identity of the document signer, oath taker or affirmant by personal knowledge; or by verification of a government-issued photo identification document, including without limitation a valid driver’s license, personal identification card authorized under Georgia Code Sections 40-5-100 through 40-5-104, or a military identification card such as a Veterans Health Identification Card issued by the United States Department of Veterans Affairs. Requires that notaries public keep a “written or electronic” journal of each notarial act performed for a “self-filer.” (A “self-filer” is any person who is not also an individual listed in Georgia Code Section 44-2-2(a), and who is a party to any of the following instrument types conveying, transferring, encumbering, or affecting real estate and personal property: deeds, mortgages, liens as provided for by law; maps or plats relating to real estate in the county; and state tax executions and state tax execution renewals as provided for in Article 2 of Chapter 3, Georgia Code Title 48.) Specifies the information to be recorded in each notary journal entry. Requires a notary public to complete an educational training class relating to the duties of notaries public under Georgia law. Specifies that such training shall be completed prior to an individual’s initial commission appointment, and within 30 days prior to each subsequent renewal of commission appointment. Authorizes the Georgia Superior Court Clerks’ Cooperative Authority to adopt rules and regulations necessary to implement the new notary educational training requirement. |
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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 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. ------------------------------------------------------------- ILLINOIS – HB 351/Public Act 103-0562 Eff. 11-17-23 View this bill This bill’s notary-related provisions modify Illinois’ notary journal requirements, by establishing that neither an Illinois notary public nor an Illinois electronic notary public is required to keep a journal of, or to otherwise record in a journal, a notarial act or an electronic notarial act if that act is performed on any of certain specified documents to be filed by or on behalf of a candidate for public office. Identifies these documents as nominating petitions; petitions of candidacy; petitions for nomination; nominating papers; or nomination papers. Clarifies that this exemption applies regardless of whether the notarial act or electronic notarial act is performed on any of the named documents before, on, or after the effective date of House Bill 351. Further clarifies that the failure of a notary public or an electronic notary public to keep a journal of or to otherwise record notarial acts involving these specified documents does not affect the validity of the notarial act on that document and is not a violation of this Act. Assigns, to the term “public office” as used in HB 351, the same meaning for the term given in Section 9-1.10 of Illinois’ Election Code. |
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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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| MAINE ― Permanent Marriage Officiant Licensing Rules Chapter 720 (Agency 29, Sub-Agency 250), Maine Code of Rules Effective 10-2-23 View these rules Implements the provisions of Title 5, Section 90-G regarding Maine’s authorized marriage officiants which now automatically include notaries public. Provides the general marriage officiant eligibility requirements for an individual: be at least 18 years of age, be a resident of Maine; demonstrate an ability to read and write the English language; and demonstrate an understanding of the laws and rules governing marriages in Maine under title 19-A, Chapter 23. Clarifies that for purposes of the rule, being a “resident of this State” means having established a fixed and principal home in the State of Maine and to which home the individual intends to return following a temporary absence. Establishes that an individual who has a valid Maine notary public commission and who is a resident of Maine is automatically eligible for a marriage officiant license. Establishes the Maine marriage officiant application process for individuals who are not automatically eligible by means of a valid Maine notary public commission. Clarifies that a Maine resident who applies for a notary public commission need not file a separate application for a marriage officiant license, but instead must indicate on the notary application form if the individual declines to have a marriage officiant license issued with the notary public commission. Requires that notary public commission applicants who decline the automatic marriage officiant license but who later wish to have the license after all must file a separate application. Provides that a marriage officiant licensee’s name, residence address and contact information shall be posted on the Secretary of State’s publicly available web site. Further provides that a marriage officiant license issued to a Maine notary public is valid for the term of the notary public’s commission, but for all other marriage officiant licensees, a marriage officiant license is valid for a period of seven years. Requires licensed marriage officiants (including those who are also notaries public) must notify the Secretary of State within 30 calendar days of any change to the licensee’s legal name, physical address, or contact information on file with the Secretary of State. Specifies that such notification must be made by submitting the form prescribed by the Secretary of State and available on the Secretary’s website. Provides that the Secretary of State shall issue an amended marriage officiant license to a licensee whose legal name or municipality of residence has changed. Clarifies that the licensee shall remain authorized to solemnize marriages while awaiting receipt of the amended license. Establishes that the Secretary of State will provide written notification of pending expiration to a marriage officiant licensee, at least 30 calendar days prior to the marriage officiant’s license expiration date. Provides that such notice will be sent to the most recent email address of record, and that the notice will be sent by U.S. Postal Service, regular first-class mail, if the licensee does not have an email address. Clarifies that failure of the licensee to receive the notice does not delay or extend expiration of the marriage officiant license. Requires a marriage officiant licensee wishing to renew their license to submit the renewal application to the Secretary of State before the expiration date on the current license. Requires a licensee filing for a renewal marriage officiant license to submit the same information as provided on an initial license application. Provides that the marriage officiant license of a Maine notary public will automatically renew upon renewal of the individual’s notary public commission, unless the notary indicates on their notary public commission renewal application that the notary declines to be licensed as a marriage officiant. Clarifies that a marriage officiant who fails to file a license renewal application timely and whose license has expired is not authorized to solemnize marriages until a new marriage officiant license is issued. Provides the grounds upon which the Secretary of State may deny, refuse to renew, suspend or revoke a marriage officiant license. Provides that before issuing a denial, suspension or revocation of a marriage officiant license, the Secretary of State shall provide written notice to the applicant or licensee. Further provides that such applicant or licensee may request a hearing under Maine’s Administrative Procedure Act, Title 5, Chapter 375, Subchapter 5. Establishes that the Secretary’s final, written decision may be appealed to the Superior Court under 5 MRS Chapter 375, Subchapter 7. Establishes that a marriage officiant licensee may voluntarily surrender their license at any time by submitting written notice to the Secretary of State. Clarifies that the individual’s marriage officiant license will no longer be valid as of the date of the written notice. Requires that upon submission of such written notice, a licensee must return their marriage license officiant certificate to the Secretary of State. -------------------------------------------- MAINE – Final Adoption, Emergency Rules Previously Reported Below Effective 10-2-23 View this rule These emergency rules implement Maine’s Revised Uniform Law on Notarial Acts, as previously reported, except for the following amendments. Exemptions Related to Remote Notarizations Upon their permanent adoption, these rules exempt the following persons from the remote notarization requirements applicable to commissioned notaries public: • Any Maine judge, justice, clerk or deputy clerk of any Maine court who is remotely notarizing in the course of performing exclusively judicial functions as provided for in Maine law, or in rules or administrative orders adopted by the Maine Supreme Judicial Court. • A Maine court reporter administering an oath to a witness in a deposition conducted under the rules of procedure of the Maine Supreme Judicial Court or federal court. These exempted individuals, when performing the functions specified above, may utilize commonly available audio-visual communication platforms widely used by the general public, instead of only remote online notarization technologies specifically designed for use by a notarial officer. ------------------------------------------------------------ MAINE – Emergency Rules: Notaries Public, Notarial Officers; Notaries Acts, Procedures for Electronic and Remote Notarization Effective 7-5-23 until 10-3-23; also see "Final Adoption, Emergency Rules..." entry above. View these rules These emergency rules implement Maine’s Revised Uniform Law on Notarial Acts. Definitions “Credible witness” - an honest, reliable, and impartial person who personally knows an individual appearing before a notarial officer and takes an oath or affirmation before the notarial officer to vouch for that individual’s identity. “Direct beneficial interest” - for purposes of defining a conflict of interest under 4 M.R.S. § 1904(3)(B), means a fee other than the customary fee for performance of the notarial act, or any advantage, right, title, interest, cash, property or other consideration received in connection with the record. “Electronic notarization” - a Maine notarial officer’s performance of a notarial act with respect to an electronic record, using an electronic signature and an electronic official stamp. “Electronic record” - a record created, generated, sent, communicated, received, or stored by electronic means. “Notarial officer” - a notary public commissioned by the Secretary of State; a judge, justice, clerk or deputy clerk of a court of Maine; or an attorney-at-law duly admitted and eligible to practice in the courts of Maine; and any other individual authorized by the laws of Maine to perform a specific notarial act. “Principal” - a person whose signature is notarized, or a person other than a credible witness taking an oath or affirmation before a notarial officer. “Remotely located individual” - an individual who is not in the physical presence of the notarial officer who is performing a notarial act and appears before the notarial officer using communication technology. “Remote notarization” - a notarial act performed in compliance with 4 M.R.S. Chapter 29, by a notarial officer for a remotely located individual using communication technology approved by the Secretary of State. “Residence” - for purposes of this rule, the place where the individual has established a fixed and principal home to which the individual, whenever absent, intends to return. “Resident” - having a place where the individual has established a fixed and principal home to which the individual, whenever absent, intends to return. “Secretary of State” - as used in this rule, includes the Secretary of State, Deputy Secretary of State for Corporations, Elections and Commissions, and the Division Director and staff of the Division of Corporations, UCC & Commissions within the Department of the Secretary of State. “Tamper-evident” - any change to a record displays evidence of the change. “Tamper-evident technology” - a set of applications, programs, hardware, software, or other technologies designed to enable a notarial officer to perform notarial acts with respect to electronic records or for remotely located individuals which display evidence of any changes made to an electronic record. Notary Public Appointment Provides qualifications for an applicant for a notary public appointment; the applicant must: 1. Be at least 18 years of age at the time of submitting the application; 2. Have residency or a place of employment or business in Maine, and demonstrate 3. that the applicant: a. Is a Maine resident; or b. Has a place of employment located in Maine; or c. Has a business located in Maine; 4. Demonstrate an ability to read and write the English language; 5. Be worthy of the public trust, meaning at a minimum that the applicant must: a. Not have been convicted of any crime punishable by one year or more of imprisonment; b. Not have been convicted of any crime involving fraud, dishonesty or deceit; c. Not have received a finding or have made any admission of liability in any legal proceeding or disciplinary action against the applicant based on the applicant’s fraud, dishonesty or deceit; d. Not have made any false, fraudulent, dishonest or deceitful statements in the application for a notary commission; and e. Not have had a notary public commission in another state revoked, suspended, conditioned, or not renewed for cause. Clarifies that a crime involving fraud, dishonesty or deceit includes, but is not limited to, any crime involving false swearing, unsworn falsification, perjury, tampering with public records, impersonation, bribery, forgery, identity theft, negotiating a worthless instrument, misuse of information, theft, larceny, robbery, extortion, counterfeiting, unauthorized transfer of property, misappropriation, embezzlement, and deceptive practices. Requires an applicant for a notary public appointment to pass an examination administered by the Secretary of State. Provides that the examination will be administered by the Secretary of State and based on a course of study offered regularly by the Secretary of State in accordance with 4 M.R.S. § 1923. Requires a notary public commission applicant to file an application using the latest form issued by the Secretary of State. Provides the minimum information that the application must require to be submitted. Specifies the additional information required for an individual to perform electronic or remote notarizations. Requires that if the applicant intends to perform notarial acts with respect to electronic records using an electronic signature, the applicant must submit the notice form (notice of intent) prescribed by the Secretary of State and containing the information required by section 5, subsection 6 of this rule pertaining to electronic notarization. Requires that if the applicant intends to perform notarial acts for remotely located individuals, the applicant must submit the notice form prescribed by the Secretary of State and containing the information required by section 6, subsection 8 of this rule pertaining to remote notarization. Requires every application for a notary public commission (new and renewal commissions) to be accompanied by payment of a fee prescribed by 5 M.R.S. § 87, submitted to the Secretary of State and made payable to the Treasurer, State of Maine. Provides that if the Secretary of State determines that the applicant has satisfied all the criteria for appointment, the Secretary shall issue a notary public commission to the applicant for a term of 7 years from the date of issuance. Specifies that upon approval of an application, a certificate of commission will be mailed to the applicant who then has 30 calendar days to appear before a Dedimus Justice to take the oath prescribed by 4 M.R.S. § 1922(3), and 45 calendar days from the date of appointment to return the completed certificate of qualification to the Secretary of State. Clarifies that if the Secretary of State does not receive the certificate within the 45 calendar days or the certificate demonstrates that the applicant was not sworn into office within 30 calendar days of appointment, the Secretary will notify the applicant of the failure to qualify, and that the applicant has 90 calendar days from the date of that notice to request a reappointment by the Secretary of State. Further provides that the applicant has 30 calendar days from the date of reappointment to be sworn into office by a Dedimus Justice. Requires that if the applicant does not request reappointment within 90 calendar days from the date of notification of a failure to qualify, the applicant must reapply in order to be appointed as a notary public. Authority to Perform Electronic or Remote Notarial Acts Clarifies that a notary public who has been issued a commission is not authorized to perform electronic or remote notarizations unless and until a notice meeting all the requirements described in section 5, subsection 6, and section 6, subsection 8 of this rule has been submitted to the Secretary of State and accepted in accordance with 4 M.R.S. Chapter 39 and this rule. Authority to Solemnize Marriages Establishes that a notary public who has been issued a commission by the Secretary of State is not authorized to solemnize marriages in Maine unless the notary has also been issued a marriage officiant license by the Secretary of State pursuant to 5 M.R.S. § 90-G and Chapter 720, Rules Governing the Licensing of Marriage Officiants Who Are Authorized to Solemnize Marriages in Maine. Renewal of Notary Public Commission Provides that the Secretary of State shall send written notification to a notary public, no less than 30 calendar days prior to the expiration of the notary’s commission. Provides that the notice will be sent to the email address recorded on the Secretary of State’s database. Establishes that if the notary public does not have an email address, the notice will be sent by U.S. Postal Service, regular first-class mail. Clarifies that failure to receive the notice does not delay or suspend the expiration of the commission. Requires an application for renewal of a notary public commission to include the following information: 1. The name under which the current notary public commission was issued; 2. The legal name of the notary public seeking renewal of the commission (if changed since issuance of the commission that is expiring); 3. The date of expiration of the commission; 4. The physical address of the applicant’s residence and the applicant’s mailing address; 5. The applicant’s email address and contact telephone number; 6. The physical address of a place of employment or location of the notary public’s business in Maine if the notary is not a resident of Maine; 7. A list of any crimes for which the notary public has been convicted since the date of issuance of the commission that is expiring; 8. Disclosure of any legal proceedings in any jurisdiction that resulted in findings against the applicant or admissions of liability by the applicant; and 9. A declaration signed by the notary that all information provided in the application is true and correct. Provides that if a notary fails to file a renewal application before the expiration date of the current commission, the notary public is not authorized to perform any notarial acts until the commission has been renewed or a new commission has been issued and the applicant has taken the oath of office before a Dedimus Justice. Requires a notary public to apply for a new commission if the notary’s application for renewal is not received by the Secretary of State within 90 calendar days after the expiration date of the existing commission. Examination, Renewing Applicants Requires an applicant for commission renewal to pass an examination administered by the Secretary of State. Change of Information or Status of Commissioned Notary Public Requires a notary public to submit written notice to the Secretary of State within 30 calendar days of any of the following changes to the notary’s status or information previously submitted (such manner of notification to be prescribed by the Secretary): 1. A change of the notary’s name by court order or marriage; 2. A change of the notary’s residence or mailing address; 3. A change of the notary’s email address or telephone number; 4. A change in the notary’s place of employment if the notary’s eligibility for a commission was based on having a place of employment in Maine; 5. A change in the location of the notary’s business if the notary’s eligibility for a commission was based on having a business in Maine; 6. A change to the information previously submitted in writing notifying the Secretary of State that the notary public will be performing notarial acts with respect to electronic records or remotely located individuals; 7. A conviction of a crime punishable by one year or more of imprisonment or of a crime involving fraud, dishonesty or deceit, as described in section 2, subsection 1, paragraph D of this rule; or 8. A finding against, or admission of liability by, the notary in any legal proceeding or disciplinary action based on the applicant’s or notary’s fraud, dishonesty or deceit. Requires a notary public who notifies the Secretary of State of a name change as required by section 2, subsection 5, paragraph A of this rule to use the new name in performing notarial acts only after: 1. The notary has delivered the notice required by section 2, subsection 5, paragraph A of this rule; 2. The new name has been updated in the Secretary of State’s notary public database; and 3. The notary, if using a stamping device or official stamp, has made the change to their device bearing the new name. Establishes that an amended certificate of commission will be issued by the Secretary of State upon receipt of notice of a name change or change of residence to a new municipality by the notary. Notary Resignation Establishes that a notary public may resign their commission at any time by submitting written notice to the Secretary of State of the intent to resign. Specifies that the resignation shall be deemed effective as of the date of the written notice. Requires a notary public, upon resignation, to return their certificate of commission to the Secretary of State. Fees for Notarial Services Requires that any fee to be charged by a commissioned notary public for performing a notarial act must be disclosed in writing to the individual requesting the services of the notary public before the notarial act is performed. Further requires the notary public to obtain the individual’s consent to any fee to be charged prior to performing the notarial act. Notary Complaints, Investigation; Grounds for Sanctions Provides that a person may file a complaint with the Secretary of State regarding the performance of a notary public. Specifies that the complaint should include the complainant’s contact information and a detailed statement describing the basis for the complaint, and include any relevant records. Establishes that the Secretary of State may, on its own initiative or in response to a complaint, make such investigation as it determines to be reasonable and necessary to determine whether a person has violated, is violating or is about to violate any provision of 4 M.R.S. Chapter 39 or this rule. Enables the Secretary of State to require filing of statements by the alleged violator or others with knowledge of the allegations, and to require production of records that the Secretary of State deems relevant to the investigation. Denial, Non-Renewal, Suspension, Revocation or Imposition of Conditions on a Notary Public Commission Provides that the Secretary of State may deny, refuse to renew, suspend, revoke or impose a condition on the commission of a notary public for any act or omission that demonstrates the individual lacks the competence, reliability, or integrity to act as a notary public, including any of the following: 1. Conflicts of interest. Performance of a notarial act with regard to which the notary has a conflict of interest as defined in 4 M.R.S. § 1904 (3), or performing an acknowledgment prohibited pursuant to 4 M.R.S. § 1904(4). 2. Prohibited acts. Performance of a notarial act prohibited by 4 M.R.S. § 1904, subsection 5, or section 1915, subsection 16 or 17, or any acts prohibited by 4 M.R.S. § 1926. 3. Change of name without notice. Performance of a notarial act using a different name than the name on the notary commission without having notified the Secretary of State of the name change. 4. Fraud, deceit or dishonesty. Committing an act of fraud, deceit or dishonesty. 5. Criminal convictions. Conviction of a crime punishable by one year or more of imprisonment or a crime involving fraud, dishonesty or deceit. 6. False or misleading advertising. Use of false or misleading advertising or otherwise engaging in a method, act, or practice that is unfair or deceptive, including any untrue or misleading statement or omission of a material fact relating to a duty or responsibility of a notary public. 7. False or misleading statements in notary application. An untrue or misleading statement or omission of a material fact in any application or filing with the Secretary of State required by law. 8. Noncompliance with information requests. Failure to comply with any reasonable information request made by the Secretary of State for the purpose of evaluating the notary’s status or application for a commission or renewal of a commission or any request by the Secretary of State for production of records under section 4, subsection 2. 9. Failure to comply with notary statute and rules. Failure to comply with any other provision of 4 M.R.S. chapter 39 or this rule. Establishes that if the Secretary of State denies an application for a notary public commission, imposes a condition on a commission, refuses to renew, suspends, or revokes a notary public commission, the applicant or notary public has a right to a hearing in accordance with the Maine Administrative Procedure Act, 5 M.R.S. chapter 375, subchapter 4. Requires the applicant or notary public to be notified in writing of the action taken by the Secretary and of their right to a hearing. Provides that after such hearing, the Secretary shall issue a written decision which may be appealed to Superior Court pursuant to 5 M.R.S. chapter 375, subchapter 7. Electronic Notarization Technology Provider Approval. Sets forth procedures for a provider of electronic notarization technology to request approval from the Secretary of State. Provides the information that must be included in such application, which includes a certification that the provider’s technology is designed to ensure that notarial acts performed by notarial officers with respect to electronic records using electronic signatures will comply with the requirements of 4 M.R.S. chapter 39 and the Secretary’s administrative rule. Provides the criteria and standards for technology used for electronic notarization. Requires that to obtain the Secretary’s approval, a technology provider must demonstrate that the technology to be used for electronic notarization in Maine: 1. Restricts access to the provider’s technology only to notarial officers whose written notice to the Secretary of State of their intent to perform electronic notarization has been accepted, in accordance with the requirements of this rule; 2. Requires a password or other secure means of authentication to access the provider’s technology; 3. Requires a notarial officer to present a valid Maine notary commission or other evidence of the notarial officer’s qualification to perform notarial acts prior to receiving an authorized digital or electronic stamp and signature; 4. Includes a method to ensure that a notarial officer enrolled to use the technology has been trained and has the requisite knowledge to use it to perform notarial acts in compliance with 4 M.R.S. chapter 39 and this rule; 5. Enables a notarial officer to retain their authorized digital or electronic signature under the notarial officer’s sole control and to affix their electronic signature in a manner that attributes the signature to the notarial officer, is capable of independent verification, and is tamper-evident; 6. Enables a notarial officer to attach or logically associate a certificate of notarial act to the electronic record in a tamper-evident manner; and 7. Uses tamper-evident technology sufficient to ensure that the electronic signature on an electronic record is authentic. Establishes that upon review of an application from a technology provider, the Secretary of State may: 1. Return the application as incomplete with a written notice of the deficiencies; 2. Require the applicant to supplement the application with additional explanations, information or evidence of its ability to ensure compliance with state law; 3. Deny the application; or 4. Approve the application with or without conditions. Provides that the Secretary will notify a technology provider if it has been approved and will add the provider to the state-maintained list of approved providers. States that the Secretary of State’s approval is valid for one year from the date of issuance and may be renewed in accordance with section 5, subsection 4, paragraph D of this rule. Requires an approved technology provider to file a renewal application on or before the expiration of the Secretary’s initial approval and each year thereafter on a form prescribed by the Secretary of State. Technology Provider Obligations. Sets forth certain ongoing obligations of providers of technology for electronic notarization, including notifying the Secretary of State when any Maine notary public or other Maine notarial officer has been accepted or approved to use the provider’s technology to perform electronic notarizations in Maine; and the obligation to suspend or terminate access to the provider’s electronic notarization technology for any notary public whose commission has been suspended or revoked by the Secretary of State or whose commission has expired, within 5 business days of being notified by the Secretary of State or the notary public of such action. Requires a provider of technology for electronic notarizations to give written notice to the Secretary of State and to each notarial officer using the provider’s services for electronic notarizations, if the provider becomes aware of a possible security breach involving its data. Specifies that such notice must be provided as expediently as possible and no later than 15 business days after the date on which the provider has determined that the security breach occurred. Sets forth additional information to be included in the notice, such as breach mitigation steps and a general description of the data that was or is reasonably believed to have been compromised. Enables a notarial officer or other person using or relying upon an electronic notarization technology to file a complaint with the Secretary of State if they believe the technology provided does not comply with the standards set forth in 4 M.R.S. chapter 39 or this rule. Provides that the Secretary of State may investigate, as the Secretary determines to be reasonable and necessary, whether a technology provider has violated, is violating or is about to violate any provision of 4 M.R.S chapter 39 or this rule. Allows the Secretary of State to require the filing of statements by the provider or others with knowledge of violation allegations, and to require production of records that the Secretary deems relevant to the investigation. Allows the Secretary to deny, refuse to renew, suspend, terminate or revoke approval of a provider of technology used for electronic notarization in Maine, for practices or offenses stated in the rule. Establishes the procedural steps required for such actions by the Secretary of State. Prohibits a provider whose approval the Secretary has revoked, denied, terminated, suspended, or non-renewed from denying a registered notarial officer’s access to the officer’s electronic signature, official seal and records stored by the technology provider. Notarial Officer – Notification of Intent to Electronically Notarize. Requires that before performing a notarial act with respect to an electronic document or using an electronic signature for the first time, a notarial officer must notify the Secretary of State by providing the following information in a format prescribed by the Secretary of State: 1. The name(s) of the provider(s) of technology approved by the Secretary of State that the notarial officer intends to use in attaching or logically associating an electronic notarial signature, stamp and certificate to an electronic record; 2. Certification from each provider of technology the notarial officer intends to use, confirming that the notarial officer has received training in the use of that technology for electronic notarization and has been approved as a user of that technology; 3. A certification by the notarial officer that the officer has read and understands the requirements of 4 M.R.S. chapter 39 and this rule regarding electronic notarization; and 4. An example of the notarial officer’s electronic signature and official electronic stamp. Provides that if the Secretary of State deems such notice to be insufficient, the notarial officer shall be notified of the deficiencies and shall have the opportunity to resubmit it. Clarifies that the notice is not valid until it is accepted as complete by the Secretary of State. Emphasizes that in addition to submitting the notification of intent to electronically notarize, a notary public who wishes to perform electronic notarizations must have a valid notary public commission, and an attorney-at-law must be duly admitted and eligible to practice law in the courts of this State. Requires a notarial officer to amend a notice of intent to electronically notarize to reflect any change in the technology providers including but not limited to identifying any new or additional technology. Such amended notice must be submitted to the Secretary of State within ten 10 business days of making the change. Establishes that a notarial officer’s authority to perform electronic notarizations automatically expires upon the occurrence of any of the following: 1. The notarial officer is a notary public and the notary public’s commission expires, is revoked, suspended or terminated by the Secretary of State; 2. The notarial officer is a notary public and the notary public resigns their commission; 3. The notarial officer is a notary public and the notary public no longer has a place of employment, a business or residence in this State; 4. The notarial officer is an attorney, upon suspension or termination of that attorney’s authority to practice law in this State; or 5. The Secretary of State has revoked or terminated approval of the technology provider whose technology the notarial officer is using to perform electronic notarization unless the notarial officer is approved to use another technology provider. Requirements for Performing Electronic Notarization. Establishes these procedures for performing a notarial act with respect to electronic records, or affixing an electronic signature; the notarial officer must: 1. Require the principal to appear in person before the notarial officer at the time of the electronic notarization if the principal is making a statement or executing a signature on a record, pursuant to 4 M.R.S. § 1906; 2. Identify the principal who is physically present in accordance with 4 M.R.S. § 1907; 3. Verify that the principal has adopted an electronic signature that complies with 10 M.R.S. chapter 1051, if the record is to be signed electronically; 4. Complete an electronic notarial certificate and attach it to or logically associate it with the notarial officer’s electronic signature and official stamp in a tamper-evident manner; and 5. Use an electronic signature in combination with the electronic notary stamp only for the purpose of performing electronic notarizations. Journal for Electronic and Remote Notarizations States that a notarial officer must maintain a journal in which all electronic notarizations are recorded. Entries in the journal must be made contemporaneously with the notarial act and must comply with all the requirements set forth in 4 M.R.S. § 1920 (2) and (3). Requires a notarial officer to record each remote notarization in the notarial officer’s journal, which must be retained under the notarial officer’s sole control. Further requires a journal in an electronic format to be tamper-evident, backed up in a secure manner, and accessible only through the use of passwords or other secure means of authentication under the control of the notarial officer. Remote Notarization Authorizes a provider of remote notarization communication technology to request approval from the Secretary of State by submitting an application on a form provided by the Secretary of State. Provides the information that must be included on the application form. Requires “any other information” sufficient to demonstrate that the provider’s communication technology and identity proofing methods meet or exceed the criteria and standards set forth in section 6, subsection 2 of the Secretary’s administrative rule. Requires a provider seeking approval from the Secretary of State to also submit an application fee, made payable to the Treasurer, State of Maine, as prescribed by 5 M.R.S. § 86. Provides the criteria and standards for communication technology and identity proofing used for remote notarization necessary to obtain the Secretary’s approval. A provider must demonstrate that the communication technology: 1. Restricts access to notarial officers whose written notice to the Secretary of State of intent to perform remote notarization has been accepted, in accordance with the requirements of this rule; 2. Requires a password or other secure means of authentication to access the provider’s technology; 3. Requires a notarial officer to present a valid Maine notary public commission or other evidence of the notarial officer’s qualification to perform notarial acts in order to access or utilize the communication technology to perform remote notarizations; 4. Includes a method to ensure that a notarial officer enrolled to use the technology has the requisite knowledge to use it to perform notarial acts in compliance with 4 M.R.S. chapter 39 and this rule; 5. Enables a notarial officer to verify the identity of the principal and any required witness in compliance with 4 M.R.S. chapter 39 and this rule; 6. For remote notarization of electronic records, enables a notarial officer to affix their electronic signature to an electronic notarial certificate in a manner that attributes the signature to the notarial officer and is tamper-evident; 7. For remote notarization of electronic records, enables a notarial officer to attach or logically associate a certificate of notarial act to the electronic record in a tamper-evident manner; 8. Provides continuous, synchronous audio-visual feeds that allow the remotely located individual and the notarial officer to see and speak to one another simultaneously through live, real time transmission; 9. Captures images with sufficient resolution to enable analysis of the remote individual’s credentials; 10. Includes at least two (2) of the following methods of identity proofing: (a.) A credential that is validated by a government or third party; (b.) A biometric identifier, including a retina or iris scan, fingerprint, voiceprint, scan of hand or face geometry, or any other physiological, biological or behavioral characteristic used to identify an individual; (c.) A public key certificate; or (d.) An identity assessment based on a set of questions formulated from public or private data sources for which the principal has not provided a prior answer; 11. For remote notarization of electronic records, provides a secure method of document upload and transfer; 12. Records the audio-visual communication in real time and associates that recording with the notarial officer’s electronic record; 13. Provides reasonable security measures to prevent unauthorized access to: (a.) The live communication between the notarial officer and the remotely located individual; (b.) The recording of the audio-visual communication; (c.) The verification methods and credentials used to verify the identity of the remotely located individual; and (d.) Electronic records presented for remote notarization, if applicable; 14. Is capable of securely creating, storing, accessing and reproducing a copy of an electronic recording of the remote notarial act; and 15. For remote notarization of electronic records, provides an electronic verification or audit trail of the electronically notarized document that is accessible to all parties involved in a notarial act that is performed remotely. Provides that the approval process for review and approval of applications by communication technology providers is the same as those provided in the Secretary’s administrative rules for providers of electronic notarization technology. Establishes that providers of communication technology for remote notarization have the same ongoing obligations as those specified in section 5, subsection 4 of this rule for providers of technology for electronic notarization. Additionally provides that the filing of complaints, handling of investigations, and the grounds upon which the Secretary of State may deny, refuse to renew, suspend, terminate, or revoke approval of a provider of communication technology for remote notarization in the State are the same as described in section 5, subsection 5 of this rule for providers of technology for electronic notarization. Prohibits a remote notarization technology provider from denying any notarial officer registered with the provider access to the notarial officer’s electronic signature, official seal and records stored by the technology provider on behalf of the notarial officer, in the event of the Secretary’s denial, non-renewal, suspension, termination or revocation of the technology provider’s approval. Provides that by making its communication technology or identity proofing available for use in performing remote notarizations in Maine, and by providing storage for audio-visual recordings of remote notarizations, a technology provider appoints the Secretary of State as the provider’s agent for service of process in any civil action in Maine related to a remote notarization pursuant to 4 M.R.S. § 1915(15). Establishes a fee of twenty dollars ($20) for the Secretary of State to accept service of process as the agent for a provider. Requires that, before performing a remote notarization for the first time, a notarial officer must submit written notice to the Secretary of State in a format prescribed by the Secretary of State. Specifies the information such notice must include. Provides that if the notice is deemed incomplete by the Secretary of State, the notarial officer shall be notified of the deficiencies and have the opportunity to resubmit it. Clarifies that the notice is not valid until it is accepted by the Secretary of State. Specifies that a notary public applying to perform remote notarizations must have a valid notary public commission, and an attorney-at-law must be duly admitted and eligible to practice law in the courts of Maine. Requires that a notarial officer must amend their previously submitted notice to the Secretary of State to include any change in communication technology providers, and identifying any new or additional technology providers. (Provides that notice amendment duties aren’t limited to these two circumstances.) Require the amendment notice to be submitted to the Secretary of State within 10 business days of a reportable change. Provides that a notarial officer’s authority to perform remote notarizations automatically expires upon occurrence of any of the following: 1. The notarial officer is a notary public whose commission expires, is revoked, suspended or terminated by the Secretary of State; or the notary public resigns their commission; or the notary public is no longer a Maine resident and no longer has a place of employment or a business in Maine. 2. The notarial officer ceases to be authorized to perform notarial acts pursuant to 4 M.R.S. § 1910; 3. The Secretary of State revokes or terminates approval of the technology provider whose technology the notarial officer is using to perform remote notarization unless the notarial officer is approved to use another technology provider. Establishes requirements and general procedures for performing remote notarizations, which include that a notarial officer must: 1. Use a device with a camera and microphone and ensure that the remotely located individual is also using a device with a camera and microphone so that real-time audiovisual communication is occurring; 2. Use only a communication technology provider and identity proofing method approved by the Secretary of State and identified in the notice provided by the notarial officer to the Secretary of State; 3. Proceed with the remote notarization only if the notarial officer determines that they have a reliable internet connection with the remotely located individual to enable the notarial officer to perform the remote notarization in compliance with 4 M.R.S. Chapter 39 and the Secretary’s administrative rules; 4. Recite information sufficient to identify the notarial officer, the officer’s authority to act, the type of notarial act to be performed, the name of the remotely located individual for whom the notarial act is being performed, and the date, time, and location of the notarial act at the commencement of the notarial proceeding; 5. Reasonably identify the remotely located individual by one or more of the following methods: (a.) The notarial officer’s personal knowledge of the remotely located individual through dealings sufficient to provide reasonable certainty that the individual is the person they claim to be; (b.) Satisfactory evidence of the remotely located individual’s identity provided by using at least 2 different types of identity proofing as described in this rule; and (c.) By verification on oath or affirmation of a credible witness appearing before the notarial officer who is known to the officer or whom the officer can identify using at least 2 different types of identity proofing as described in this rule; 6. Cease the remote notarization procedure and restart it from the beginning if the remotely located individual, any required witness or the notarial officer exits or disconnects from the communication technology before completion of the notarial act, the audio or visual feed is interrupted or terminated for any reason, or the notarial officer believes the process has been compromised and cannot be completed in accordance with applicable legal requirements; 7. Create an audiovisual recording of the remote notarization, including in the recording the statements required in section 6, subsection 9, paragraph A, subparagraph 4 of this rule, and a statement by the notarial officer explaining the methods by which the officer has identified the remotely located individual for whom the notarial act is being performed pursuant to section 6, subsection 9, paragraph A, subparagraph 5 of this rule; and 8. Record, with respect to a tangible record not physically present before the notarial officer, the individual signing the record and the written declaration required pursuant to 4 M.R.S. § 1915(5). Requires that when a notarial act involves taking an acknowledgment of a remotely located individual’s signature on a tangible record, the notarial officer must adhere to the following procedures: 1. If the tangible record is physically present before the notarial officer, displaying the record to the remotely located individual and having the individual identify the record during the audiovisual recording; 2. If the tangible record is not physically present before the notarial officer, requiring the remotely located individual to make the declaration described in 4 M.R.S. § 1915(5); 3. If the remotely located individual is located outside the territorial boundaries of the United States, assessing whether the record meets the requirements of 4 M.R.S. §1915(3)(D) as required for the notarial officer to perform the notarization; and 4. Including a statement that the notarial act was performed remotely using communication technology approved by the Secretary of State. States that a notarial officer may administer an oath or affirmation to a remotely located individual in accordance with 4 M.R.S. § 1915(8). Requires the audiovisual recording of the remote notarization to be retained for a period of at least 10 years. Specifies that if a remote notarization involves an electronic record, a notarial certificate must be attached to or logically associated with that electronic record in a tamper-evident manner in accordance with 4 M.R.S. § 1916(6). Requires a notarial officer to record each remote notarization in the notarial officer’s journal, which must be retained under the notarial officer’s sole control. Requires a journal in an electronic format to be tamper-evident, backed up in a secure manner, and accessible only through the use of passwords or other secure means of authentication under the control of the notarial officer. Official Notary Public Stamp Requires a notary public commissioned by the Secretary of State to use a stamp that is rectangular or circular, and contains the notary public’s name as it appears on their commission, the words “Notary Public” and “State of Maine” or “Maine” and the commission expiration date. Require the stamp to be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated, pursuant to 4 M.R.S. § 1918(2). Certified Copies Clarifies that a notarial officer is not authorized to make any certified or attested copies of public records or vital records. Further clarifies that a notarial officer may not certify a copy of any document that states on its face that it is illegal to make copies of the document. Protests of Negotiable Instruments Prohibits a notarial officer from making or noting a protest of a negotiable instrument unless the notarial officer is an employee of a financial institution acting in the course and scope of the notarial officer’s employment with the financial institution. |
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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. ------------------------------------------- MARYLAND – SB 67 Effective 10-1-23 View this bill Requires Maryland’s civil-commission appointees—including notaries public—to contact the appropriate county clerk to coordinate a time and place for the clerk to administer the appointee’s oath of office and present the individual’s commission, following the clerk’s receipt of the commission from the Governor. (This replaces the former requirement for the clerk, upon receiving an appointee’s civil commission, to immediately deliver the commission to the person to whom the commission is given. Notary candidates should verify oath of office procedures with their county clerk.) -------------------------------------------- MARYLAND – HB 636 Effective October 1, 2023 View this bill Current Maryland law prohibits public inspection of the part of a public record containing information about the application and commission of a person as a Notary Public. The law provides an exception to that prohibition for certain specified information. House Bill 636 adds a “Notary Public’s business email address or, if a business email address is not provided to the custodian by the Notary Public, the Notary Public’s personal email address” to the list of information about a Notary Public that the public must be allowed to inspect upon request. |
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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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| MONTANA – SB 330 Effective 10-1-23 View this bill Amends Section 7-4-2611, Montana Code Annotated, by requiring a county clerk to accept electronic notarizations completed in accordance with MCA Title 1, Chapter 5, Part 6 (Montana’s Notary Public law). |
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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. ---------------------------------- NEBRASKA ― Notary Public Rules Title 433, Chapter 6, Nebraska Administrative Code Effective 11-25-23 Email kathleen@asnnotary.org for a copy of these rules. Amends various provisions of Nebraska’s general notary public administrative rules. Amends Rule 002.03(A) to provide that the signature on the most recent application or bond, will be used for verification; therefore, the Notary Public should always sign consistently with his or her application or bond signature. Streamlines Rule 003, Applications and Other Forms, to state that the forms required to obtain and maintain a notary public commission will be made available to all applicants on the Secretary of State’s website or upon request. Clarifies Rule 004.01 to provide that the rule lists requirements for successful commission application. Simplifies Rule 004.02’s language by stating that renewal applications must be received no later than the date the commission expires. Provides that renewal applications received after the commission expiration date will instead be considered an initial application. Lists the (same) forms required with a commission renewal application, but renames Form 004.02(E) as “Evidence of Employment in Nebraska Form,” to be submitted by non-resident applicants. Removes, in Section 004.04, references to the “Nebraska Board of Pardons,” with respect to pardons that may be granted for certain crimes that disqualify an applicant from receiving a notary public commission. Clarifies Rule 004.05 by stating that an applicant must be a resident of the State of Nebraska or (1) reside in one of the following states: Colorado, Iowa, Kansas, Missouri, South Dakota, or Wyoming and (2) maintain a regular place of work or business in Nebraska. Amends Rule 004.05(A) to require non-resident applicants to submit the form titled “Evidence of Employment in Nebraska (listed under Section 003.01(E)). Amends Rule 004.05(B) to require (not suggest) that non-resident applicants who are self-employed must attach a written explanation to the “Evidence of Employment in Nebraska” form (noted above). Clarifies in Rule 005.01(A) that a Notary Public must continue to sign his or her name using the name as listed on the commission certificate. Expands Rule 005.01(B) by specifying that a notary public’s name change may be updated by filing out and submitting the “Notary Public Request to Change Record” along with a new bond form or bond rider that updates the initial bond with the notary’s new name. Requires, in Rule 005.01(B)(1), that a notary public obtain a new seal upon receiving a new commission certificate reflecting a name change. Clarifies, in Rule 005.01(B)(2), that a name change does not change or extend the term of a notary public commission. In Rule 005.02(A), clarifies that a notary public must update his or her address when moving by filling out and submitting the “Notary Public Request to Change Record” form within 45 days of moving. Clarifies in Rule 005.03(A) that a non-resident notary public who is terminated from a regular place of work or business in Nebraska must relinquish their Notary Public commission by returning the commission certificate and seal to the Secretary. Clarifies in Rule 005.04(A) that a notary public convicted of a felony or crime involving fraud or dishonesty during the notary’s commission term must notify the Secretary of such conviction by filling out and submitting the “Notary Public Request to Change Record” form within 45 days after the conviction occurs. Provides, in Rule 006.03, that each applicant shall have three (3) attempts to take and pass the Notary Public Examination. Requires an applicant who fails the second exam attempt to wait thirty (30) days before taking the third and final exam. Specifies that an applicant who fails the examination three (3) times will be considered incompetent to receive a Notary Public commission in the State of Nebraska and will not be eligible to take the exam again. Shortens, in Rule 006.03(A), the period of time that a passing exam score will be valid, from the former 2 years to the newly shortened period of 90 days from the date of examination. Amends Rule 006.03(B) to also reflect the newly shortened period of 90 days from the date of examination that a passing score will be valid. Clarifies, in Rule 007.03(C)(2), that during a commission revocation the notary commission and seal must be returned to the Secretary of State’s office. Revises Rule Section 008, Fees, to omit mention of the fees for a commission name change or a duplicate commission. ------------------------------------------------------ NEBRASKA ― Electronic Notaries Public Title 433, Chapter 7, Nebraska Administrative Code Effective 11-25-23 Email kathleen@asnnotary.org for a copy of these rules. Defines the following terms, in addition to terms defined in the Electronic Notary Public Act: • "Applicant" means a person applying for registration as a Nebraska electronic notary public. • "Approved Electronic Notary Solution Provider" means a person or entity approved to provide an Electronic Notarization System by the Secretary pursuant to the Electronic Notary Public Act. • "Biometric Authentication" means proving the identity of a user by verification of the user's identity through technologies that measure and analyze one or more human physiological or behavioral characteristics of the user in order to access and use an Electronic Notarization System. Biometric Authentication technologies include fingerprint scanning devices, retinal scanning devices, and handwriting analysis devices. • "Electronic Notarization System" means a set of applications, programs, hardware, software, or technology designed to enable an electronic notary public to perform electronic notarizations. • "Independently Verifiable" means capable of government or third-party authentication of a notarial act, a notary's identity, and a Notary Public’s relevant authority. • “Notary Public” means a person commissioned as a notary public under Neb. Rev. Stat. §§ 64-101 to 64-119. • "Password Authentication" means the user enters a secret word, phrase, or symbol set in order to access and use an Electronic Notarization System. • “Secretary" means the Nebraska Secretary of State and his or her designated staff. • "Token Authentication" means the use of a physical device in addition to a password or personal identification number ("PIN" ) in order to access and use an Electronic Notarization System. Physical devices used in Token Authentication technologies include magnetic cards or "smart cards" and Universal Serial Bus (USB) memory sticks or "USB keys". • "Under his or her exclusive control,” for the purposes of the Secretary’s interpretation of Neb. Rev. Stat. § 64-310, means “under the electronic notary public’s sole control” as defined in this Chapter. • "Under the electronic notary public’s sole control" means accessible by and attributable solely to the electronic notary public to the exclusion of all other persons and entities, either through being in the direct physical custody of the electronic notary public or through being secured with one or more Biometric Authentication, Password Authentication, Token Authentication, or other authentication technologies in an Electronic Notarization System provided by an Approved Electronic Notary Public Solution Provider approved pursuant to the Electronic Notary Public Act and this Chapter. Registration as an Electronic Notary Public Requires that to qualify for registration as an electronic notary public, an applicant will need to: 1. provide all information needed for registration pursuant to Neb. Rev. Stat. § 64-304; 2. hold a valid Nebraska Notary Public commission; 3. certify that he or she continues to meet the qualifications of a Notary Public; 4. take the course of instruction and pass the examination as stated in Neb. Rev. Stat. § 64-305; 5. pay the registration fee; and, 6. provide any other information requested by the Secretary to prove the qualifications of the Applicant. Specifies that the forms required to register and maintain a registration as an electronic notary public will be made available to all applicants on the Secretary of State’s website or upon request. Requires that a Notary Public applying to renew his or her registration as an electronic notary public will so indicate on his or her notary public renewal application and pay the fee for registration as an electronic notary public, in addition to the fee for renewal of his or her Notary Public commission. Requires that an electronic notary public who fails to renew their registration at the same time the Notary Public commission is renewed shall submit a new application for registration and meet all the requirements of Section 003 of Chapter 7, in order to be registered as an electronic notary public. Establishes that the Secretary of State will administer the training course and testing for Applicants for electronic notary public registration. Allows the Secretary, upon determining the need for additional instructors, to designate a third-party training course for Applicants or appoint certified Notary Public instructors to administer the training course and testing for Applicants for electronic notary public registration. Provides that the fee for registering or re-registering as an electronic notary public is $100. Notary Applicant Exam, Passing Score Establishes that a passing score on Nebraska’s notary public examination is 85% or better. Allows each applicant to have three (3) attempts to take and pass the electronic notaries public examination. Deems any applicant who fails the examination three (3) times to be incompetent to be registered as an electronic notary public and ineligible to take the exam again. Notary’s Electronic Signature Specifies that the electronic signature of an electronic notary public shall be independently verifiable and unique to the electronic notary public. Further specifies that the electronic notary public’s electronic signature is to be retained under the electronic notary public’s sole control. Requires that when the electronic notary public performs an electronic notarization, the electronic signature used by the electronic notary public shall be accessible by and attributable solely to the electronic notary public to the exclusion of all other persons and entities for the entire time necessary to perform the electronic notarization. Specifies that the electronic notary public’s electronic signature shall be attached or logically associated with the document, linking the data in such a manner that any subsequent alterations to the underlying document or electronic notary certificate are observable through visual examination. Requires an image of the electronic notary public's handwritten signature is to appear on any visual or printed representation of an electronic notary public certificate regardless of the technology being used to affix the electronic notary public's electronic signature. Electronic Notary Seal Requires an electronic notary seal to be independently verifiable, unique to the electronic notary public, and retained under the electronic notary public’s sole control. Specifies that when the electronic notary public performs an electronic notarization, the electronic seal used by the electronic notary public shall be accessible by and attributable solely to the electronic notary public to the exclusion of all other persons and entities for the entire time necessary to perform the electronic notarization. Requires the electronic notary seal to be attached or logically associated with the electronic document, linking the data in such a manner that any subsequent alterations to the underlying document or electronic notary certificate are observable through visual examination. Requires an image of the electronic notary public's electronic notary seal to appear on any visual or printed representation of the electronic notary certificate regardless of the technology being used to affix the electronic notary public's electronic notary seal. Specifies that the perimeter of the electronic notary seal shall contain a border such that the physical appearance of the seal replicates the appearance of an inked seal on paper. Requires the electronic notary seal to have, within its border, the electronic notary public’s name exactly as commissioned, the words “Electronic Notary Public,” the words “Nebraska” and the commission expiration date. Principal’s Appearance Before an Electronic Notary Requires that when an electronic notary public performs an electronic notarization, the principal and the electronic notary public must be in each other's physical presence during the entire electronic notarization so that the principal and the electronic notary public can see, hear, communicate with, and give identification documents as stated in Neb. Rev. Stat. § 64-105 to each other without the use of electronic devices such as telephones, computers, video cameras, or facsimile machines. Electronic Notary Solution Provider Application Requires any person or entity applying to the Secretary for designation as an Approved Electronic Notary Solution Provider to complete and submit an application to the Secretary for review and approval before authorizing any electronic notary seals or electronic signatures to Nebraska electronic notaries. Specifies the information to be included in this application. Allows an electronic notary solution provider to appeal a denial by the Secretary of the provider’s application for designation as an Approved Electronic Notary Solution Provider, under Nebraska’s Administrative Procedures Act. Specifies criteria for approval of electronic notary solution providers, including that a provider's principals or employees take the mandatory electronic notary public education course and pass the examination as is necessary to ensure the provider possesses sufficient familiarity with Nebraska's electronic notary public laws and regulations. Provider Changes, Modifications or Updates to Submitted Information Requires an electronic notary solution provider to notify the Secretary within forty-five (45) days of changes, modifications, or updates to information previously submitted to the Secretary. Further requires an Approved Electronic Notary Solution Provider to provide notice to the Secretary within forty-five (45) days before making available to Nebraska electronic notaries public any updates or subsequent versions of the provider's Electronic Notarization System. Establishes that the Secretary may remove the designation of the Approved Electronic Notary solution provider if the changes to Electronic Notarization System do not meet the requirements of the Electronic Notary Public Act and this Chapter. Notary’s Electronic Seal, Electronic Signature Prohibits an employer and any of the employer’s employees or agents from using or permitting use of an electronic notary seal or signature by anyone other than the authorized electronic notary public to whom it is registered. Specifies that access to electronic notary signatures and electronic notary seals shall be protected by use of a Biometric Authentication, Password Authentication, Token Authentication, or other form of authentication approved by the Secretary according to the Electronic Notary Public Act and these rules. Prescribes how an electronic notary public shall report—pursuant to Neb. Rev. Stat. §64-310, the theft or vandalism of his or her electronic signature, electronic notary seal, or electronic record, including the backup record, is to do so in writing to the Secretary within ten (10) days after discovering the theft or vandalism. Establishes that failure to report the theft or vandalism as required in Neb. Rev. Stat. § 64-310 may subject the electronic notary public to having his or her registration as an electronic notary public removed. Records of Electronic Notarial Acts Requires, pursuant to Neb. Rev. Stat. §64-310, an electronic notary public to keep a journal of all electronic notarizations he or she performs. Further requires an electronic notary public to present this journal, or any portion thereof, to the Secretary upon written request. Requires an electronic notary public to maintain this journal record, and the backup record, for at least ten (10) years after the date of the notarial act. Imposes removal of an electronic notary’s registration for failure to maintain the record or backup record for the specified retention period, or for failure to timely provide the record upon request by the Secretary. Reasons for Removal of Electronic Notary Registration Establishes that an electronic notary public violating the Electronic Notary Public Act or this Chapter is subject to having his or her registration removed. Specifies that any removal of a registration will be under the removal procedures provided in Neb. Rev. Stat. § 64-113 and 433 NAC 6 007. Change of Electronic Notary Public Information or Registration Status Requires that, in addition to complying with Title 433 NAC 6 005, Changes to Notary Public Commission Information, an electronic notary public must notify the Secretary in writing within forty-five (45) days after changing his or her Approved Electronic Notary Solution Provider. Requires such a new, Approved Electronic Notary Solution Provider to submit an exemplary of the new electronic notary public’s electronic signature and the electronic notary seal to the Secretary for the electronic notary public. Specifies that failure to timely notify the Secretary may subject the electronic notary public to having his or her registration removed. Required Actions – Changes in Electronic Notary Public Status or Circumstances Establishes that an electronic notary public, or his or her duly authorized representative, must certify in writing to the Secretary that he or she has erased, deleted, or destroyed the coding, disk, certificate, card, software, file, password, or program that enables the electronic affixation of the electronic notary public's electronic signature and electronic notary seal, in compliance with Neb. Rev. Stat. § 64-311, within three months after the registration of the electronic notary public expires, is resigned, canceled, or revoked or upon the death of the electronic notary public. |
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| 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 – 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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| OHIO – SB 131 Effective December 29,2023 View this bill see pages 2-9 and 21-23 Requires that, subject to all conditions and requirements set forth in SB 131, Ohio’s Secretary of State must: 1. Issue an Ohio Notary Public commission to qualifying out-of-state applicants who are also commissioned or licensed as a Notary Public in another U.S. state; 2. Issue a written authorization to perform remote online notarial acts to qualifying out-of-state applicants who also hold a remote online notarization authorization or license in another U.S. state. (This bill’s provisions apply to other Ohio “licensing authorities” as well, not solely the Secretary of State.) Establishes that an out-of-state applicant who is issued an Ohio license or government certification under the provisions of SB 131 is subject to the laws regulating the practice of the applicable occupation or profession in Ohio, and is subject to the Ohio licensing authority’s jurisdiction. Restricts out-of-state applicants receiving an Ohio license or government certification to practicing their applicable occupation or profession in Ohio only within the scope and practice that is permitted under Ohio law. Clarifies that such practice of the applicable occupation or profession in Ohio shall not exceed the applicant’s training. Defines key terms: 1. “License” – an authorization evidenced by a license, certificate, registration, permit, card, or other authority that is issued or conferred by a licensing authority to an individual by which the individual has or claims the privilege to engage in a profession, occupation, or occupational activity over which the licensing authority has jurisdiction. 2. “Licensing authority” – a state agency or political subdivision that issues licenses or government certifications. 3. “Uniformed services”—the U.S. Armed Forces; the Commissioned Corps of the National Oceanic and Atmospheric Administration; the Commissioned Corps of the Public Health Service; or any reserve components of those forces; and such other service as may be designated by Congress. 4. "Out-of-state occupational license"—a license, certificate, registration, permit, card, or other authority that is issued or conferred by one of the uniformed services or the government of another state to an individual by which the individual has or claims the privilege to engage in a profession, occupation, or occupational activity over which that service or state has jurisdiction 5. "Good standing"—the individual's out-of-state occupational license, government certification, or private certification, as applicable, is not restricted or limited by the entity that regulates the out-of-state license, government certification, or private certification. 6. “Another state,” “any other state,” and “home state” include the uniformed services, for purposes of any law requiring a licensing authority to issue a license or government certification under applicable Ohio law to an individual holding a license or government certification issued by another state. Establishes provisions for commissioning of non-resident applicants for Ohio licenses including Notary Public commissions. Therefore, requires an Ohio Notary Public commission to be issued to an out-of-state applicant if the Ohio Secretary of State determines that all the following apply: 1. The applicant holds another state’s Notary Public commission or appointment; 2. The applicant’s Notary Public commission or appointment is in good standing with the issuing state; 3. The applicant has held the out-of-state Notary Public commission or appointment for at least one year immediately preceding making application for an Ohio Notary Public commission, and has been actively practicing for at least one of the preceding five years (although this requirement may be waived). 4. The applicant was required to satisfy minimum education, training, or experience requirements or pass an examination to receive the out-of-state Notary Public commission. (NOTE: this requirement is triggered by Ohio’s requirements for its in-state Notary applicants to obtain both Notary training and an examination.) 5. The applicant has not surrendered or had revoked his/her/their out of state Notary Public commission or appointment because of negligence or intentional misconduct. 6. The applicant pays the appropriate fee (as determined by the Ohio Secretary of State). 7. The applicant has not been convicted of, found guilty pursuant to a judicial finding of, or plead guilty to a criminal offense for which the Secretary of State may deny or disqualify the applicant from receiving an Ohio Notary Public commission. Additionally, allows an Ohio licensing authority (such as the Secretary of State) to require an out-of-state applicant for an Ohio license or government certification to: 1. pass an examination on Ohio’s laws and rules governing the profession, occupation or occupational activity for which the applicant seeks the same Ohio license (for example, a Notary Public commission), if Ohio requires its in-state applicants to pass an examination; 2. submit to a criminal records check, if Ohio requires its in-state applicants to obtain criminal records check; 3. satisfy a financial responsibility requirement, if Ohio requires its in-state applicants to do so. Requires an Ohio licensing authority to issue a license or government certification (such as a Notary Public commission) to an applicant if the licensing authority determines that the applicant has been actively engaged in the same profession, occupation or occupational activity as the license or government certification for which the applicant is applying in Ohio, for at least three of the five years immediately preceding the date the application is submitted in either a state that does not issue an out-of-state occupational license or government certification for the respective profession, occupation or occupational activity; or in service of the uniformed services. (Applicants must meet the requirements noted in items 1-7 above.) Allows a licensing authority to waive the requirement that an out-of-state applicant has been actively engaged in the practice of the profession, occupation, or occupational activity for three of the five years immediately preceding the date the application is submitted. Clarifies that an Ohio licensing authority may issue a restricted or limited license or government certification to an applicant who would otherwise be disqualified from obtaining it because of a disqualifying offense, as long as the limitation or restriction is relevant to the offense. Provides for an Ohio licensing authority’s ability to apply various provisions of Ohio law to the circumstances of out-of-state applicants for the various Ohio licenses and certifications contemplated in SB 131. Requires Ohio’s affected licensing authorities to adopt rules to implement the Act. |
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| 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 4020 Eff. 1-1-25 View this bill Requires all applicants for a commission as a notary public (new and renewal commissions) to complete a course of study offered by the Secretary of State, or by an entity approved by the Secretary, before taking the required examination. The course of study must cover the laws, rules, procedures and ethics relevant to notarial acts. ------------------------------------------ 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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