Congress proposes federal remote notarization bill — what Notaries need to know - By Bill Anderson on March 28, 2023

Ma Dora Stone  /  August 4, 2023

In February, Congress introduced the SECURE Notarization Act, a bill that could have a major impact on interstate in-person electronic (IPEN) and remote online notarizations (RON) if it becomes law. Here’s what Notaries should know:

  • What is the SECURE Notarization Act?
  • How will the Act affect Notaries if it becomes law?
  • What’s the status of the Act?
  • Does the NNA support or oppose the Act?

What is the SECURE Notarization Act?

The “Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023” (SECURE Notarization Act) was introduced in the 2023 Congress in February. It would authorize Notaries nationwide to perform IPENs and RONs if the notarization occurs in or affects interstate commerce, even if the Notary’s home state does not have in-person electronic or remote online notarization laws on the books.

How will the Act affect Notaries if it becomes law?

If the Act becomes law, Notaries in states without in-person electronic or remote online notarization laws would have blanket authorization to perform IPENs and RONs exclusively for transactions involving interstate commerce. Notaries in states that have existing IPEN and RON laws would continue to perform these notarizations under the authority of their state law.

The Act would further set minimum federal standards for performing technology-based notarizations. For in-person electronic notarizations, Notaries would be required to attach or logically associate their electronic signature and all other required information to the electronic record (for example, the Notary’s printed name, commission expiration date, and electronic seal) in a manner that produces evidence of any change after the notarization is performed.

For remote online notarizations, the remotely located signer would have to personally appear at the time of notarization before the Notary Public using communication technology. Notaries must identify a remotely located signer through (1) at least 2 distinct processes or services to verify the identity of the remotely located signer, (2) the oath or affirmation of a credible witness who is either physically present before the Notary or present before the Notary using communication technology, or (3) the Notary’s personal knowledge.

In addition, Notaries would have to create and retain a recording of the notarization and confirm that the signer’s statement and/or signature was made on the same document that was notarized.

If enacted, the SECURE Notarization Act may preempt the in-person electronic or remote online notarization laws of states that do not contain the minimum standards in the Act, affecting how Notaries in preempted states perform these notarizations. Two examples are Alabama and South Dakota. Alabama’s law does not conform to the minimum identification standards under the SECURE Notarization Act. South Dakota’s law does not require the Notary or the Notary’s agent to create and maintain a recording of each remote notarization. In addition, state laws giving greater legal effect to the implementation or application of a specific technology or technical specification would be preempted by the Act. This could require states to rewrite their laws. Continue reading.